[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Notices]
[Page 43815-43816]
[DOCID:fr28jy08-130]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Consensus Standards, Light-Sport Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of availability; request for comments.

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

SUMMARY: This notice announces the availability of three new consensus
standards and a revision to a previously accepted consensus standard
relating to the provisions of the Sport Pilot and Light-Sport Aircraft
rule issued July 16, 2004, and effective September 1, 2004. ASTM
International Committee F37 on Light Sport Aircraft developed the new
and revised standards with Federal Aviation Administration (FAA)
participation. By this notice, the FAA finds the new and revised
standards acceptable for certification of the specified aircraft under
the provisions of the Sport Pilot and Light-Sport Aircraft rule.

DATE: Comments must be received on or before September 26, 2008.

ADDRESSES: Comments may be mailed to: Federal Aviation Administration,
Small Airplane Directorate, Programs and Procedures Branch, ACE-114,
Attention: Terry Chasteen, Room 301, 901 Locust, Kansas City, Missouri
64106. Comments may also be e-mailed to: 9-ACE-AVR-LSA-
<EMAIL_ADDRESS>All comments must be marked: Consensus Standards
Comments, and must specify the standard being addressed by ASTM
designation and title.

FOR FURTHER INFORMATION CONTACT: Terry Chasteen, Light-Sport Aircraft
Program Manager, Programs and Procedures Branch (ACE-114), Small
Airplane Directorate, Aircraft Certification Service, Federal Aviation
Administration, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice announces the availability of
three new consensus standards and a revision to a previously accepted
consensus standard relating to the

provisions of the Sport Pilot and Light-Sport Aircraft rule. ASTM
International Committee F37 on Light Sport Aircraft developed the new
and revised standards. The FAA expects a suitable consensus standard to
be reviewed at least every two years. The two-year review cycle will
result in a standard revision or reapproval. A standard is issued under
a fixed designation (i.e., F2244); the number immediately following the
designation indicates the year of original adoption or, in the case of
revision, the year of last revision. A number in parentheses indicates
the year of last reapproval. A reapproval indicates a two-year review
cycle completed with no technical changes. A superscript epsilon
([egr]) indicates an editorial change since the last revision or
reapproval. A notice of availability (NOA) will only be issued for new
or revised standards. Reapproved standards issued with no technical
changes or standards issued with editorial changes only (i.e.,
superscript epsilon ([egr])) are considered accepted by the FAA without
need for a NOA.
    Comments Invited: Interested persons are invited to submit such
written data, views, or arguments, as they may desire. Communications
should identify the consensus standard number and be submitted to the
address specified above. All communications received on or before the
closing date for comments will be forwarded to ASTM International
Committee F37 for consideration. The standard may be changed in light
of the comments received. The FAA will address all comments received
during the recurring review of the consensus standard and will
participate in the consensus standard revision process.
    Background: Under the provisions of the Sport Pilot and Light-Sport
Aircraft rule, and revised Office of Management and Budget (OMB)
Circular A-119, ``Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment
Activities'', dated February 10, 1998, industry and the FAA have been
working with ASTM International to develop consensus standards for
light-sport aircraft. These consensus standards satisfy the FAA's goal
for airworthiness certification and a verifiable minimum safety level
for light-sport aircraft. Instead of developing airworthiness standards
through the rulemaking process, the FAA participates as a member of
Committee F37 in developing these standards. The use of the consensus
standard process assures government and industry discussion and
agreement on appropriate standards for the required level of safety.

Comments on Previous Notices of Availability

    In the Notice of Availability (NOA) issued on December 19, 2006,
and published in the Federal Register on January 3, 2007, the FAA asked
for public comments on the new and revised consensus standards accepted
by that NOA. The comment period closed on March 5, 2007. No public
comments were received regarding the standards accepted by this NOA.

Consensus Standards in This Notice of Availability

    The FAA has reviewed the standards presented in this NOA for
compliance with the the regulatory requirements of the rule. Any light-
sport aircraft, issued a special light-sport airworthiness certificate,
which has been designed, manufactured, operated and maintained, in
accordance with this and previously accepted ASTM consensus standards,
provides the public with the appropriate level of safety established
under the regulations. Manufacturers who choose to produce these
aircraft and certificate these aircraft under 14 CFR part 21, 21.190 or
21.191 are subject to the applicable consensus standard requirements.
The FAA maintains a listing of all accepted standards on the FAA Web
site.

The Revised Consensus Standard and Effective Period of Use

    The following previously accepted consensus standard has been
revised, and this NOA is accepting the later revision. Either the
previous revision or the later revision may be used for the initial
certification of special light-sport aircraft until January 1, 2009.
This overlapping period of time will allow aircraft that have started
the initial certification process using the previous revision level to
complete that process. After January 1, 2009, manufacturers must use
the later revision and must identify the later revision in the
Statement of Compliance for initial certification of special light-
sport aircraft unless the FAA publishes a specific notification
otherwise. The following Consensus Standard may not be used after
January 1, 2009:
    ASTM Designation F 2245-06, titled: Standard Specification for
Design and Performance of a Light Sport Airplane.

The Consensus Standards

    The FAA finds the following new and revised consensus standards
acceptable for certification of the specified aircraft under the
provisions of the Sport Pilot and Light-Sport Aircraft rule. The
consensus standards listed below may be used unless the FAA publishes a
specific notification otherwise.
    a. ASTM Designation F 2245-07a, titled: Standard Specification for
Design and Performance of a Light Sport Airplane.
    b. ASTM Designation F 2506-07, titled: Standard Specification for
Design and Testing of Fixed-Pitch or Ground Adjustable Light Sport
Aircraft Propellers.
    c. ASTM Designation F 2538-07a, titled: Standard Practice for
Design and Manufacture of Reciprocating Compression Ignition Engines
for Light Sport Aircraft.
    d. ASTM Designation F 2626-07, titled: Standard Terminology for
Light Sport Aircraft.

Availability

    These consensus standards are copyrighted by ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
Individual reprints of a standard (single or multiple copies, or
special compilations and other related technical information) may be
obtained by contacting ASTM at this address, or at<PHONE_NUMBER>
(phone),<PHONE_NUMBER> (fax), through<EMAIL_ADDRESS>(e-mail), or
through the ASTM Web site at http://www.astm.org. To inquire about
standard content and/or membership or about ASTM International Offices
abroad, contact Daniel Schultz, Staff Manager for Committee F37 on
Light Sport Aircraft:<PHONE_NUMBER><EMAIL_ADDRESS>
    Issued in Kansas City, Missouri on July 1, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-17251 Filed 7-25-08; 8:45 am]

BILLING CODE 4910-13-P


MSA ST County MSA 100 Birmingham, AL 101 AL Blount Birmingham, AL 102 AL Jefferson Birmingham, AL 103 AL Shelby Birmingham, AL 104 AL St. Clair Birmingham, AL 105 AL Bibb 106 AL Calhoun Anniston, AL 107 AL Chilton 108 AL Coosa 109 AL Cullman 110 AL Etowah Gadsden, AL 111 AL Marshall 112 AL Talledega 113 AL Tuscaloosa Tuscaloosa, AL 114 AL Walker 200 Decatur, AL 201 AL Lawrence Decatur, AL 202 AL Morgan Decatur, AL 203 AL Limestone Huntsville, AL 204 AL Madison Huntsville, AL 205 AL Winston 206 AL Colbert Florence, AL 207 AL Lauderdale Florence, AL 208 AL Franklin 209 AL Marshall 210 AL Cullman 300 Atlanta, GA 301 GA Barrow Atlanta, GA 302 GA Bartow Atlanta, GA 303 GA Carroll Atlanta, GA 304 GA Cherokee Atlanta, GA 305 GA Clayton Atlanta, GA 306 GA Cobb Atlanta, GA 307 GA Coweta Atlanta, GA 308 GA DeKalb Atlanta, GA 309 GA Douglas Atlanta, GA 310 GA Fayette Atlanta, GA 311 GA Forsyth Atlanta, GA 312 GA Fulton Atlanta, GA 313 GA Gwinnett Atlanta, GA 314 GA Henry Atlanta, GA 315 GA Newton Atlanta, GA 316 GA Paulding Atlanta, GA 317 GA Pickens Atlanta, GA 318 GA Rockdale Atlanta, GA 319 GA Spalding Atlanta, GA 320 GA Walton Atlanta, GA 321 GA Butts 322 GA Clarke Athens, GA 323 AL Cleburne 324 GA Dawson 325 GA Floyd 326 GA Gilmer 327 GA Gordon 328 GA Hall 329 GA Haralson 330 GA Heard 331 GA Jackson 332 GA Jasper 333 GA Lamar 334 GA Meriwether 335 GA Morgan 336 GA Oconee Athens, GA 337 GA Pike 338 GA Polk 339 AL Randolph 340 GA Troup 400 Macon, GA 401 GA Bibb Macon, GA 402 GA Houston Macon, GA 403 GA Jones Macon, GA 404 GA Peach Macon, GA 405 GA Twiggs Macon, GA 406 GA Baldwin 407 GA Bleckley 408 GA Crawford 409 GA Dooly 410 GA Jasper 411 GA Laurens 412 GA Macon 413 GA Monroe 414 GA Pulaski 415 GA Putnam 416 GA Taylor 417 GA Wilkinson 500 Murray, GA ( Rural) 501 GA Murray Murray, GA ( Rural), 502 TN Polk 503 GA Fannin 504 GA Gilmer 505 GA Gordon 506 GA Whitfield 507 TN Bradley 600 Augusta Aiken, GA SC 601 GA Columbia Augusta Aiken, GA SC 602 GA McDuffie Augusta Aiken, GA SC 603 GA Richmond Augusta Aiken, GA SC 604 SC Aiken Augusta Aiken, GA SC 605 SC Edgefield Augusta Aiken, GA SC 606 GA Burke 607 GA Jefferson 608 GA Lincoln 609 GA Warren 610 GA Wilkes 611 SC Barnwell 612 SC Greenwood 613 SC Lexington 614 SC McCormick 615 SC Orangeburg 616 SC Saluda 700 Louisville, KY IN 701 IN Clark Louisville, KY IN 702 IN Floyd Louisville, KY IN 703 IN Harrison Louisville, KY IN 704 IN Scott Louisville, KY IN 705 KY Bullitt Louisville, KY IN 706 KY Jefferson Louisville, KY IN 707 KY Oldham Louisville, KY IN 708 IN Crawford 709 IN Jackson 710 IN Jefferson 711 IN Jennings 712 IN Washington 713 KY Hardin 714 KY Henry 715 KY Meade 716 KY Nelson 717 KY Shelby 718 KY Spencer 719 KY Trimble 800 Cincinnati Hamilton, OH KY IN 801 IN Dearborn Cincinnati Hamilton, OH KY IN 802 IN Ohio Cincinnati Hamilton, OH KY IN 803 KY Boone Cincinnati Hamilton, OH KY IN 804 KY Campbell Cincinnati Hamilton, OH KY IN 805 KY Gallatin Cincinnati Hamilton, OH KY IN 806 KY Grant Cincinnati Hamilton, OH KY IN 807 KY Kenton Cincinnati Hamilton, OH KY IN 808 KY Pendleton Cincinnati Hamilton, OH KY IN 809 OH Brown Cincinnati Hamilton, OH KY IN 810 OH Butler Cincinnati Hamilton, OH KY IN 811 OH Clermont Cincinnati Hamilton, OH KY IN 812 OH Hamilton Cincinnati Hamilton, OH KY IN 813 OH Warren Cincinnati Hamilton, OH KY IN 814 IN Franklin 815 IN Ripley 816 IN Switzerland 817 IN Union 818 KY Bracken 819 KY Carroll 820 KY Harrison 821 KY Mason 822 KY Owen 823 KY Scott Lexington, KY 824 OH Adams 825 OH Clinton 826 OH Greene 827 OH Highland 828 OH Montgomery 829 OH Preble 900 Bowling Green, KY ( rural) 901 KY Warren Bowling Green ( rural) 902 KY Simpson 903 KY Allen 904 KY Barren 905 KY Butler 906 KY Edmonson 907 KY Logan 1000 Clarksville Hopkinsville, TN KY 1001 KY Christian Clarksville Hopkinsville, TN KY 1002 TN Montgomery Clarksville Hopkinsville, TN KY 1003 KY Caldwell 1004 KY Hopkins 1005 KY Muhlenberg 1006 KY Todd 1007 KY Trigg 1008 TN Cheatham Nashville, TN 1009 TN Dickson Nashville, TN 1010 TN Houston 1011 TN Robertson Nashville, TN 1012 TN Stewart 1100 Huntington Ashland, WV KY OH 1101 KY Boyd Huntington Ashland, WV KY OH 1102 KY Carter Huntington Ashland, WV KY OH 1103 KY Greenup Huntington Ashland, WV KY OH 1104 OH Lawrence Huntington Ashland, WV KY OH 1105 WV Cabell Huntington Ashland, WV KY OH 1106 WV Wayne Huntington Ashland, WV KY OH 1107 KY Elliot 1108 KY Lawrence 1109 KY Lewis 1110 KY Martin 1111 KY Rowan 1112 OH Gallia 1113 OH Jackson 1114 OH Scioto 1115 WV Lincoln 1116 WV Mason 1117 WV Mingo 1118 WV Putnam 1200 Evansville Henderson, IN KY 1201 IN Posey Evansville Henderson, IN KY 1202 IN Vanderburgh Evansville Henderson, IN KY 1203 IN Warrick Evansville Henderson, IN KY 1204 KY Henderson Evansville Henderson, IN KY 1205 IN Dubois 1206 IL Gallatin 1207 IN Gibson 1208 IN Pike 1209 IN Spencer 1210 IL White 1211 KY Daviess Owensboro, KY 1212 KY Mclean 1213 KY Union 1214 KY Webster 1300 Bell, KY ( Rural) 1301 KY Bell Bell, KY ( Rural) 1302 KY Leslie 1303 KY Knox 1304 KY Whitley 1305 KY Harlan 1306 KY Clay 1307 VA Lee 1308 TN Claiborne 1400 Charlotte Gastonia Rock Hill, NC SC 1401 NC Cabarrus Charlotte Gastonia Rock Hill, NC SC 1402 NC Gaston Charlotte Gastonia Rock Hill, NC SC 1403 NC Lincoln Charlotte Gastonia Rock Hill, NC SC 1404 NC Mecklenburg Charlotte Gastonia Rock Hill, NC SC 1405 NC Rowan Charlotte Gastonia Rock Hill, NC SC 1406 NC Union Charlotte Gastonia Rock Hill, NC SC 1407 SC York Charlotte Gastonia Rock Hill, NC SC 1408 NC Anson 1409 NC Burke 1410 NC Catawba Hickory Morganton Lenoir, NC 1411 NC Cleveland 1412 NC Davidson Greensboro Winston Salem High Point, NC 1413 NC Davie Greensboro Winston Salem High Point, NC 1414 NC Iredell 1415 NC Montgomery 1416 NC Stanly 1417 SC Cherokee Greenville Spartanburg Anderson, SC 1418 SC Chester 1419 SC Chesterfield 1420 SC Lancaster 1421 SC Union 1500 Greensboro Winston Salem High Point, NC 1501 NC Alamance Greensboro Winston Salem High Point, NC 1502 NC Davidson Greensboro Winston Salem High Point, NC 1503 NC Davie Greensboro Winston Salem High Point, NC 1504 NC Forsyth Greensboro Winston Salem High Point, NC 1505 NC Guilford Greensboro Winston Salem High Point, NC 1506 NC Randolph Greensboro Winston Salem High Point, NC 1507 NC Stokes Greensboro Winston Salem High Point, NC 1508 NC Yadkin Greensboro Winston Salem High Point, NC 1509 NC Caswell 1510 NC Chatham 1511 NC Iredell 1512 NC Moore 1513 NC Montgomery 1514 NC Orange 1515 NC Rockingham 1516 NC Rowan Charlotte Gastonia Rock Hill, NC SC 1517 NC Stanly 1518 NC Surry 1519 NC Wilkes 1520 VA Henry 1521 VA Patrick 1600 Raleigh Durham Chapel Hill, NC 1601 NC Chatham Raleigh Durham Chapel Hill, NC 1602 NC Durham Raleigh Durham Chapel Hill, NC 1603 NC Franklin Raleigh Durham Chapel Hill, NC 1604 NC Johnston Raleigh Durham Chapel Hill, NC 1605 NC Orange Raleigh Durham Chapel Hill, NC 1606 NC Wake Raleigh Durham Chapel Hill, NC 1607 NC Alamance Greensboro Winston Salem High Point, NC 1608 NC Caswell 1609 NC Granville 1610 NC Halifax 1611 NC Harnett 1612 NC Lee 1613 NC Moore 1614 NC Nash Rocky Mount, NC 1615 NC Person 1616 NC Randolph Greensboro Winston Salem High Point, NC 1617 NC Sampson 1618 NC Vance 1619 NC Warren 1620 NC Wayne Goldsboro, NC 1621 NC Wilson 1700 Rocky Mount, NC 1701 NC Edgecombe Rocky Mount, NC 1702 NC Nash Rocky Mount, NC 1703 NC Franklin 1704 NC Halifax 1705 NC Johnston Raleigh Durham Chapel Hill, NC 1706 NC Martin 1707 NC Pitt Greenville, NC 1708 NC Wake Raleigh Durham Chapel Hill, NC 1709 NC Warren 1710 NC Wilson 1800 Hickory Morganton Lenoir, NC 1801 NC Alexander Hickory Morganton Lenoir, NC 1802 NC Burke Hickory Morganton Lenoir, NC 1803 NC Caldwell Hickory Morganton Lenoir, NC 1804 NC Catawba Hickory Morganton Lenoir, NC 1805 NC Avery 1806 NC Cleveland 1807 NC Iredell 1808 NC Lincoln Charlotte Gastonia Rock Hill, NC SC 1809 NC McDowell 1810 NC Rutherford 1811 NC Watauga 1812 NC Wilkes 1900 Fayetteville, NC 1901 NC Cumberland Fayetteville, NC 1902 NC Bladen 1903 NC Harnett 1904 NC Hoke 1905 NC Moore 1906 NC Robeson 1907 NC Sampson 2000 Asheville, NC 2001 NC Buncombe Asheville, NC 2002 NC Madison Asheville, NC 2003 NC Haywood 2004 NC Henderson 2005 NC Jackson 2006 NC McDowell 2007 NC Mitchell 2008 NC Rutherford 2009 NC Swain 2010 NC Transylvania 2011 NC Yancey 2012 TN Cocke 2013 TN Greene 2014 TN Sevier 2015 TN Unicoi Johnson City Kingsport Bristol, TN VA 2100 Jackson, NC ( Rural) 2101 NC Jackson Jackson, NC ( Rural) 2102 NC Haywood 2103 NC Macon 2104 NC Swain 2105 NC Transylvania 2106 SC Oconee 2107 SC Rabun 2200 Columbia, SC 2201 SC Lexington Columbia, SC 2202 SC Richland Columbia, SC 2203 SC Aiken Augusta Aiken, GA SC 2204 SC Calhoun 2205 SC Fairfield 2206 SC Kershaw 2207 SC Newberry 2208 SC Orangeburg 2209 SC Saluda 2210 SC Sumter Sumter, SC 2300 Greenville Spartanburg Anderson, SC 2301 SC Anderson Greenville Spartanburg Anderson, SC 2302 SC Cherokee Greenville Spartanburg Anderson, SC 2303 SC Greenville Greenville Spartanburg Anderson, SC 2304 SC Pickens Greenville Spartanburg Anderson, SC 2305 SC Spartanburg Greenville Spartanburg Anderson, SC 2306 GA Elbert 2307 GA Franklin 2308 GA Habersham 2309 GA Hart 2310 GA Rabun 2311 GA Stephens 2312 NC Cleveland 2313 NC Gaston Charlotte Gastonia Rock Hill, NC SC 2314 NC Henderson 2315 NC Polk 2316 NC Rutherford 2317 NC Transylvania 2318 SC Abbeville 2319 SC Greenwood 2320 SC Laurens 2321 SC McCormick 2322 SC Oconee 2323 SC Union 2324 SC York Charlotte Gastonia Rock Hill, NC SC 2325 TN Jackson 2326 TN Macon 2400 Florence, SC 2401 SC Florence Florence, SC 2402 SC Chesterfield 2403 SC Clarendon 2404 SC Darlington 2405 SC Dillon 2406 SC Kershaw 2407 SC Lee 2408 SC Marion 2409 SC Marlboro 2410 SC Sumter Sumter, SC 2411 SC Williamsburg 2500 Chattanooga, TN GA 2501 TN Hamilton Chattanooga, TN GA 2502 TN Marion Chattanooga, TN GA 2503 GA Catoosa Chattanooga, TN GA 2504 GA Dade Chattanooga, TN GA 2505 GA Walker Chattanooga, TN GA 2506 AL DeKalb 2507 AL Jackson 2508 GA Chattooga 2509 GA Floyd 2510 GA Gordon 2511 GA Whitfield 2512 TN Bledsoe 2513 TN Bradley 2514 TN Franklin 2515 TN Grundy 2516 TN Meigs 2517 TN Rhea 2518 TN Sequatchie 2600 Knoxville, TN 2601 TN Anderson Knoxville, TN 2602 TN Blount Knoxville, TN 2603 TN Knox Knoxville, TN 2604 TN Loudon Knoxville, TN 2605 TN Sevier Knoxville, TN 2606 TN Union Knoxville, TN 2607 NC Haywood 2608 NC Swain 2609 TN Campbell 2610 TN Clairborne 2611 TN Cocke 2612 TN Grainger 2613 NC Graham 2614 TN Hamblen 2615 TN Jefferson 2616 TN Mcminn 2617 TN Monroe 2618 TN Morgan 2619 TN Roane 2620 TN Scott 2700 Nashville, TN 2701 TN Cheatham Nashville, TN 2702 TN Davidson Nashville, TN 2703 TN Dickson Nashville, TN 2704 TN Robertson Nashville, TN 2705 TN Rutherford Nashville, TN 2706 TN Sumner Nashville, TN 2707 TN Williamson Nashville, TN 2708 TN Wilson Nashville, TN 2709 KY Allen 2710 KY Logan 2711 KY Simpson 2712 KY Todd 2713 TN Bedford 2714 TN Cannon 2715 TN Coffee 2716 TN Dekalb 2717 TN Hickman 2718 TN Houston 2719 TN Humphreys 2720 TN Macon 2721 TN Marshall 2722 TN Maury 2723 TN Montgomery Clarksville Hopkinsville, TN KY 2724 TN Smith 2725 TN Trousdale 2800 Memphis, TN AR MS 2801 AR Crittenden Memphis, TN AR MS 2802 MS Desoto Memphis, TN AR MS 2803 TN Fayette Memphis, TN AR MS 2804 TN Shelby Memphis, TN AR MS 2805 TN Tipton Memphis, TN AR MS 2806 AR Cross 2807 AR Lee 2808 AR Mississippi 2809 AR Poinsett 2810 AR St. Francis 2811 MS Benton 2812 MS Marshall 2813 MS Tate 2814 MS Tunica 2815 TN Crockett 2816 TN Hardeman 2817 TN Haywood 2818 TN Madison 2819 TN Lauderdale 2900 Johnson City Kingsport Bristol, TN VA 2901 TN Carter Johnson City Kingsport Bristol, TN VA 2902 TN Hawkins Johnson City Kingsport Bristol, TN VA 2903 TN Sullivan Johnson City Kingsport Bristol, TN VA 2904 TN Unicoi Johnson City Kingsport Bristol, TN VA 2905 TN Washington Johnson City Kingsport Bristol, TN VA 2906 VA Scott Johnson City Kingsport Bristol, TN VA 2907 VA Washington Johnson City Kingsport Bristol, TN VA 2908 NC Avery 2909 NC Madison Asheville, NC 2910 NC Mitchell 2911 NC Watauga 2912 NC Yancey 2913 TN Grainger 2914 VA Grayson 2915 TN Greene 2916 TN Hamblen 2917 TN Hancock 2918 TN Johnson 2919 VA Lee 2920 VA Russell 2921 VA Smyth 2922 VA Wise 2923 VA Lee 3000 Putnam, TN ( rural) 3001 TN Putnam Putnam ( rural) 3002 TN Cumberland 3003 TN Dekalb 3004 TN Jackson 3005 TN Overton 3006 TN Smith 3007 TN White 3008 TN Fentress Region 4 8 hour Ozone T2 Analysis No. 3 No. 3 No. 4 No. 4 No. 7 No. 8 T2 SR T 1 02DV CDV VOC NOx Adj to MSA 2003 2003 2003 1 2 3 4 5 6 Birmingham, AL N 60 W W 25 .088 91 W W 29 .092 76 N 49 Birmingham, AL N 72 Birmingham, AL N 59 Birmingham, AL/ Clay ( rural) N 66 Birmingham, AL N 78 Birmingham, AL N 59 Birmingham, AL N 61 Birmingham, AL N 59 Birmingham, AL/ Clay ( rural) N 59 TBD 44 91 Birmingham, AL N 56 Florence and Decatur AL N 66 .078 104 W W 30 .085 91 Decatur, AL N 48 TBD 29 .082 97 Decatur and Birmingham, AL N 82 Florence and Decatur, AL N 65 N 61 Decatur, AL N 78 Decatur, AL N 51 Decatur, AL N 54 W 60 W 45 W 53 W 46 .078 91 W 35 W 25 .098 67 W 48 .093 71 W 33 .095 75 W 55 .095 65 W 52 .090 83 W 46 W 28 .099 71 W 27 .104 86 W 41 .098 70 W 53 W 53 .090 71 Atlanta, GA 65 W 56 .096 65 W 61 W 57 Atlanta, GA 73 Atlanta, GA 67 Atlanta, GA 79 Atlanta, GA 73 .083 90 Atlanta, GA/ Clay, AL ( rural) 67 Atlanta, GA 78 Atlanta, GA 73 Atlanta, GA W 57 Atlanta, GA 76 Atlanta, GA 67 Atlanta, GA 72 Atlanta, GA 64 Atlanta, GA 78 Atlanta, GA 78 Atlanta, GA 77 Atlanta, GA 79 Atlanta, GA 75 Atlanta, GA 76 Atlanta, GA 78 Atlanta, GA 69 W 38 .092 76 34 Macon, GA 55 45 Macon, GA 72 Macon, GA 54 Macon, GA 69 Macon, GA 69 Macon, GA 64 46 Macon, GA 50 Macon, GA 75 37 Macon, GA 78 Macon, GA 52 Macon, GA 77 Macon, GA 72 Atlanta, GA P 53 .087 83 Chattanooga, TN GA 82 Chattanooga, TN GA 65 Atlanta, GA 55 Murray ( Rural) 40 23 Murray ( Rural) 34 31 Augusta Aiken, GA SC 53 W 36 .087 82 P 30 .088 82 Augusta Aiken, GA SC 57 .083 84 Augusta Aiken, GA SC 53 Augusta Aiken, GA SC 65 Augusta Aiken, GA SC 61 Augusta Aiken, GA SC 65 Augusta Aiken, GA SC 73 Augusta Aiken, GA SC 68 .083 95 Augusta Aiken, GA SC 61 P 22 Augusta Aiken, GA SC 94 49 Augusta Aiken, GA SC 77 42 .090 69 37 .083 82 Louisville, KY IN 53 Louisville, KY IN 60 W 39 .085 82 W 24 .085 78 W 43 .087 78 Louisville, KY IN 70 Louisville, KY IN 56 .085 81 Louisville, KY IN 57 Louisville, KY IN 64 Louisville, KY IN 63 47 .081 91 Louisville, KY IN 64 Louisville, KY IN 56 Louisville, KY IN 49 49 Louisville, KY IN 62 Louisville, KY IN 58 46 Cincinnati Hamilton, OH KY IN 75 W 42 .086 78 W 54 .094 65 58 55 W 46 .088 77 Cincinnati Hamilton, OH KY IN 62 Cincinnati Hamilton, OH KY IN 64 32 .089 70 42 .090 74 26 .089 67 53 .089 89 Cincinnati Hamilton, OH KY IN 73 Cincinnati Hamilton, OH KY IN 67 Cincinnati Hamilton, OH KY IN 76 Cincinnati Hamilton, OH KY IN 81 Cincinnati Hamilton, OH KY IN 74 60 Cincinnati Hamilton, OH KY IN 76 Cincinnati Hamilton, OH KY IN 141 Cincinnati Hamilton, OH KY IN 71 57 .070 113 Cincinnati Hamilton, OH KY IN 61 Cincinnati Hamilton, OH KY IN 68 .096 63 Cincinnati Hamilton, OH KY IN 61 Cincinnati Hamilton, OH KY IN/ Lexington, KY 72 43 Cincinnati Hamilton, OH KY IN/ Lexington, KY 69 W 23 .086 84 Bowling Green ( rural) 50 .083 89 Bowling Green ( rural) 52 Bowling Green ( rural) 44 Bowling Green ( rural) 68 Bowling Green ( rural) 69 .084 90 Bowling Green ( rural) 55 Clarksville Hopkinsville, TN KY W 42 .085 80 26 Clarksville Hopkinsville, TN KY 80 Clarksville Hopkinsville, TN KY 66 Clarksville Hopkinsville, TN KY 60 113 Clarksville Hopkinsville, TN KY 74 Clarksville Hopkinsville, TN KY 64 .075 105 Clarksville Hopkinsville, TN KY 41 Clarksville Hopkinsville, TN KY 40 Clarksville Hopkinsville, TN KY 77 36 Clarksville Hopkinsville, TN KY 57 W 42 .088 68 Huntington Ashland, WV KY OH 52 .080 93 Huntington Ashland, WV KY OH 59 .083 83 47 .086 79 41 .088 71 Huntington Ashland, WV KY OH 54 Huntington Ashland, WV KY OH 73 Huntington Ashland, WV KY OH 54 Huntington Ashland, WV KY OH 66 Huntington Ashland, WV KY OH 75 Huntington Ashland, WV KY OH 62 50 Huntington Ashland, WV KY OH 63 44 Huntington Ashland, WV KY OH 76 Huntington Ashland, WV KY OH 62 Huntington Ashland, WV KY OH 77 38 Evansville Henderson, IN KY 41 .087 79 39 .083 87 26 .084 80 Evansville Henderson, IN KY 47 .079 94 Evansville Henderson, IN KY 50 Evansville Henderson, IN KY 75 Evansville Henderson, IN KY 49 .071 110 Evansville Henderson, IN KY 57 Owensboro, KY 41 Evansville Henderson, IN KY 79 35 .077 96 Evansville Henderson, IN KY 71 .084 82 Evansville Henderson, IN KY/ Owensboro, KY 71 Evansville Henderson, IN KY 62 Bell ( Rural) W 43 .086 87 Bell ( Rural) 79 Bell ( Rural) 39 27 Bell ( Rural) 47 Bell ( Rural) 56 Bell ( Rural) 49 Bell ( Rural) 40 P 41 W 34 Charlotte Gastonia Rock Hill, NC SC P 58 .094 66 Greensboro Winston Salem High Point, NC W 18 .102 49 Greensboro Winston Salem High Point, NC P 40 .101 44 Charlotte Gastonia Rock Hill, NC SC P 65 .088 74 38 .084 79 Charlotte Gastonia Rock Hill, NC SC 71 Charlotte Gastonia Rock Hill, NC SC P 64 P 32 Charlotte Gastonia Rock Hill, NC SC 59 NC W 41 Charlotte Gastonia Rock Hill, NC SC P 67 .095 63 Charlotte Gastonia Rock Hill, NC SC P 42 Charlotte Gastonia Rock Hill, NC SC 77 Charlotte Gastonia Rock Hill, NC SC 68 Charlotte Gastonia Rock Hill, NC SC/ Greensboro Winston S 68 .087 82 Charlotte Gastonia Rock Hill, NC SC 73 .084 79 Charlotte Gastonia Rock Hill, NC SC 82 92 Charlotte Gastonia Rock Hill, NC SC 76 Charlotte Gastonia Rock Hill, NC SC/ Greenville Spartanbur 83 .081 91 NC NC W 45 NC W 40 Greensboro Winston Salem High Point, NC P 62 .095 63 NC W 28 .094 62 Raleigh Durham Chapel Hill, NC W 23 .093 65 NC P 47 78 Greensboro Winston Salem High Point, NC 57 Greensboro Winston Salem High Point, NC 70 Greensboro Winston Salem High Point, NC P 79 .091 73 Greensboro Winston Salem High Point, NC P 55 .087 84 P 37 Greensboro/ Winston Salem/ High Point/ Charlotte Gastonia 60 Greensboro Winston Salem High Point, NC 76 Raleigh Durham Chapel Hill, NC W 40 Greensboro Winston Salem High Point, NC P 51 .090 65 P 37 .101 44 Greensboro Winston Salem High Point, NC 65 Greensboro Winston Salem High Point, NC/ Charlotte Gasto 56 Greensboro Winston Salem High Point, NC 71 Greensboro Winston Salem High Point, NC 67 Greensboro Winston Salem High Point, NC 87 Raleigh Durham Chapel Hill, NC/ Rocky Mount, NC P 57 . 083 84 W 24 .091 71 Raleigh Durham Chapel Hill, NC P 63 .091 70 Rocky Mount, NC P 38 .085 80 Rocky Mount, NC W 39 W 15 .094 60 NC W 42 Raleigh Durham Chapel Hill, NC/ Rocky Mount, NC P 77 .091 73 Raleigh Durham Chapel Hill, NC/ Goldsboro, NC/ Fay P 67 .094 63 Raleigh Durham Chapel Hill, NC/ Greensboro Winston Sale 63 Raleigh Durham Chapel Hill, NC 57 Raleigh Durham Chapel Hill, NC 63 Raleigh Durham Chapel Hill, NC 64 Raleigh Durham Chapel Hill, NC/ Greensboro Winston Sale 55 Raleigh Durham Chapel Hill, NC/ Fayetteville, NC P 60 .090 65 Rocky Mount, NC P 46 78 Raleigh Durham Chapel Hill, NC 68 Raleigh Durham Chapel Hill, NC/ Rocky Mount, NC 69 Raleigh Durham Chapel Hill, NC 75 Raleigh Durham Chapel Hill, NC 54 Raleigh Durham Chapel Hill, NC 60 Rocky Mount, NC P 65 .088 75 Rocky Mount, NC/ Raleigh Durham Chapel Hill, NC 45 Rocky Mount, NC P 62 .091 70 Rocky Mount, NC 51 Raleigh Durham Chapel Hill, NC P 30 .085 80 Rocky Mount, NC/ Raleigh Durham Chapel Hill, NC 75 .081 94 Rocky Mount, NC 43 .083 87 Greenville, NC W 13 .094 60 Rocky Mount, NC/ Raleigh Durham Chapel Hill, NC 70 Rocky Mount, NC 49 Hickory Morganton Lenoir, NC/ Asheville, NC P 66 .091 72 P 45 Hickory Morganton Lenoir, NC P 51 .086 81 P 23 Hickory Morganton Lenoir, NC 80 .079 94 43 P 25 Hickory Morganton Lenoir, NC P 45 .094 66 Hickory Morganton Lenoir, NC P 61 Hickory Morganton Lenoir, NC/ Greensboro Winston Salem 60 Hickory Morganton Lenoir, NC 74 Hickory Morganton Lenoir, NC/ Asheville, NC/ Greenville Spa 69 W 23 .087 76 Fayetteville, NC 78 Fayetteville, NC 41 Fayetteville, NC 49 Fayetteville, NC 53 Fayetteville, NC 37 Fayetteville, NC 55 W 20 .085 89 Asheville, NC/ Johnson City Kingsport Bristol, TN VA 68 Asheville, NC/ Greenville Spartanburg Anderson, SC P* 40 .087 79 31 Asheville, NC/ Haywood P 62 .086 80 Asheville, NC/ Haywood P 47 Asheville, NC/ Johnson City Kingsport Bristol, TN VA 66 Asheville, NC/ Hickory Morganton Lenoir, NC 47 Asheville, NC P 76 .074 107 Asheville, NC/ Greenville Spartanburg Anderson, SC/ Hickor 60 Asheville, NC/ Knoxville, TN P* 68 .089 84 Asheville, NC/ Greenville Spartanburg Anderson, SC 65 Asheville, NC/ Yancey 52 Asheville, NC/ Knoxville, TN P ( TN) 40 .098 61 Asheville, NC/ Haywood 71 Jackson, NC ( Rural) P 43 Jackson, NC ( Rural) P 16 .087 79 Jackson, NC ( Rural) 53 Jackson, NC ( Rural) P* 50 .074 107 Jackson, NC ( Rural) 30 14 .087 83 Jackson, NC ( Rural) 47 P 22 P 22 .093 71 Columbia, SC P 31 .088 82 Columbia, SC Augusta Aiken, GA SC 73 Columbia, SC Augusta Aiken, GA SC 67 Columbia, SC 50 Columbia, SC 65 Columbia, SC 52 Columbia, SC/ Florence, SC 80 Columbia, SC 45 P* 43 .088 74 Greenville Spartanburg Anderson, SC/ Oconee P* 61 .087 82 P* 31 Greenville Spartanburg Anderson, SC/ Oconee P* 46 .085 79 P* 29 .090 72 Greenville Spartanburg Anderson, SC/ Charlotte Gastonia R 80 Greenville Spartanburg Anderson, SC/ Asheville, NC 68 Greenville Spartanburg Anderson, SC/ Charlotte/ Gastonia 64 Greenville Spartanburg Anderson, SC/ Abbeville Augusta A 75 Greenville Spartanburg Anderson, SC 76 Greenville Spartanburg Anderson, SC 70 Greenville Spartanburg Anderson, SC 46 W 27 Greenville Spartanburg Anderson, SC/ Oconee 48 Greenville Spartanburg Anderson, SC/ Asheville, NC/ Hickor 70 Greenville Spartanburg Anderson, SC 60 Greenville Spartanburg Anderson, SC 72 Greenville Spartanburg Anderson, SC/ Oconee P* 82 .085 85 Greenville Spartanburg Anderson, SC/ Asheville, NC 70 Greenville Spartanburg Anderson, SC 65 Greenville Spartanburg Anderson, SC 82 Greenville Spartanburg Anderson, SC/ Oconee 61 .087 83 Greenville Spartanburg Anderson, SC 80 .081 91 35 .084 79 Greenville Spartanburg Anderson, SC/ Oconee 87 Greenville Spartanburg Anderson, SC/ Abbeville Augusta A 79 P 16 Florence, SC 62 92 Florence, SC 59 Florence, SC P* 34 .086 84 Florence, SC/ Darlington 59 Florence, SC 34 Florence, SC 66 Florence, SC 64 Florence, SC 69 Florence, SC/ Darlington/ Charlotte/ Gastonia 30 Florence, SC/ Columbia, SC 69 .073 111 W 34 .093 74 Chattanooga, TN GA 59 42 Chattanooga, TN GA 56 Chattanooga, TN GA 54 Chattanooga, TN GA 58 Chattanooga, TN GA 50 Chattanooga, TN GA 62 44 50 38 Chattanooga, TN GA 81 Chattanooga, TN GA 50 Chattanooga, TN GA 70 Chattanooga, TN GA 73 Chattanooga, TN GA W 77 .093 71 Chattanooga, TN GA 64 Chattanooga, TN GA 80 W 37 .092 71 P?? 38 .094 67 W 25 .096 67 W 40 P?? 43 .102 61 Knoxville, TN/ Asheville, NC 60 Knoxville, TN/ Asheville, NC P 47 .087 79 Knoxville, TN P 73 .074 107 Knoxville, TN 63 Knoxville, TN 67 Knoxville, TN/ Jefferson 70 Knoxville, TN 71 Knoxville, TN 83 Knoxville, TN 52 128 Knoxville, TN W 48 .095 65 Knoxville, TN 60 Knoxville, TN 71 Knoxville, TN 74 44 Knoxville, TN 79 Nashville, TN 45 W 23 .080 97 45 42 W 25 .084 89 W 24 .088 82 W 33 .087 81 W 38 .085 88 Nashville, TN 70 Nashville, TN 69 Nashville, TN 67 .083 89 Nashville, TN 74 Nashville, TN 63 Nashville, TN 73 Nashville, TN 56 Nashville, TN 73 Nashville, TN 64 Nashville, TN 78 Nashville, TN 60 Nashville, TN 71 Nashville, TN 57 Nashville, TN 51 38 Nashville, TN 68 Nashville, TN 74 W 45 .094 63 W ( MS) 26 .086 89 Memphis, TN AR MS 49 W 18 .090 77 41 Memphis, TN AR MS 75 Memphis TN AR MS 81 Memphis, TN AR MS 55 Memphis, TN AR MS 67 Memphis, TN AR MS 62 Memphis, TN AR MS/ Haywood 81 Memphis, TN AR MS 58 Memphis, TN AR MS 51 Memphis, TN AR MS/ Haywood 68 Memphis, TN AR MS 75 Memphis, TN AR MS 64 Memphis, TN AR MS W 57 .086 89 39 Memphis, TN AR MS 57 52 Asheville, NC 45 W 26 .092 76 Johnson City Kingsport Bristol, TN VA 65 W 31 Johnson City Kingsport Bristol, TN VA 68 46 Johnson City Kingsport Bristol, TN VA 63 .079 94 Johnson City Kingsport Bristol, TN VA 57 Johnson City Kingsport Bristol, TN VA 59 48 Johnson City Kingsport Bristol, TN VA P 59 .089 84 Johnson City Kingsport Bristol, TN VA/ Asheville, NC 61 Johnson City Kingsport Bristol, TN VA 80 Johnson City Kingsport Bristol, TN VA 52 45 128 Johnson City Kingsport Bristol, TN VA 81 Johnson City Kingsport Bristol, TN VA 73 Johnson City Kingsport Bristol, TN VA/ Asheville, NC 61 Johnson City Kingsport Bristol, TN VA/ Asheville, NC 58 Johnson City Kingsport Bristol, TN VA 52 Johnson City Kingsport Bristol, TN VA 55 Johnson City Kingsport Bristol, TN VA 63 W 20 .086 90 Putnam ( rural) 29 Putnam ( rural) 55 Putnam ( Rural) 79 Putnam ( rural) 58 Putnam ( rural) 37 Putnam ( rural) 44 Putnam ( rural) 74 No. 9 No. 10 No. 11 7 8 9 N Y


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23407-23408]
[FR Doc No: 2021-09126]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4493-DR; Docket ID FEMA-2021-0001]

Puerto Rico; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Puerto Rico (FEMA-4493-DR), dated March 27,
2020, and related determinations.

DATES: This amendment was issued March 11, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Puerto Rico is hereby amended to include
Individual Assistance limited to COVID-19 Funeral Assistance under
Other Needs Assistance for those areas determined to have been
adversely affected by the event declared a major disaster by the
President in his declaration of March 27, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the Commonwealth of
Puerto Rico (already designated for Individual Assistance, limited
to the Crisis Counseling Program and emergency protective measures
[Category B] not authorized under other Federal statutes, including
direct Federal assistance).

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,

Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance Grant; 97.048, Disaster Housing Assistance to Individuals
and Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09126 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Proposed Rules]
[Pages 34956-34958]
[FR Doc No: 2018-15738]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0878; Airspace Docket No. 14-AWP-10]
RIN 2120-AA66

Proposed Amendment of Class D and Class E Airspace, and
Establishment of Class E Airspace; Honolulu, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class D airspace, and Class E
airspace extending upward from 700 feet above the surface, and
establish Class E surface area airspace at Wheeler Army Airfield (AAF),
Honolulu, HI. This action also would update the airport name and
geographic coordinates in the associated Class D and E airspace areas
to match the FAA's aeronautical database, and would replace outdated
language in the airspace description. An editorial change to the
airspace designations also would be made.

DATES: Comments must be received on or before September 7, 2018.

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-2014-0878; Airspace Docket No. 14-AWP-10, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, 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: Steve Haga, 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 amend Class D and Class E airspace at Wheeler Army Airfield
(AAF), Honolulu, HI, to support standard instrument approach procedures
for IFR operations at the 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 FAA-2014-0878; Airspace
Docket No. 14-AWP-10''. 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 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. 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 modifying Class D airspace, Class E
airspace extending upward from 700 feet above the surface, and
establishing Class E surface area airspace at Wheeler AAF, Honolulu,
HI.
    Class D airspace extending upward from the surface to and including
3,300 feet MSL would be modified to within a 2.6-mile radius of Wheeler
AAF, (formerly Wheeler AFB), then extend to a 3.7-mile radius from the
southeast to the southwest, adjoining the boundary of Restricted Area
R-3109 to the west, excluding that airspace below 1,800 feet MSL beyond
3.3 miles from the airport from the 89[deg] bearing clockwise to the
218[deg] bearing from the airport.
    Additionally, an editorial change would be made to the Class D
airspace legal description removing the words ``Airport/Facility
Directory''. An editorial change also would be made removing the city
associated with the airport name in the airspace designation to comply
with a recent change to FAA Order 7400.2L, Procedures for Handling
Airspace Matters.
    Class E surface area airspace would be established to be coincident
with the lateral dimensions of the Class D airspace, and would be
effective continuously to provide protection to instrument procedures.
    Class E airspace extending upward from 700 feet would be modified
to that airspace within a 4.2-mile radius of Wheeler AAF. The Koko Head
VORTAC navigation aid would be removed, as it is no longer needed to
describe the boundary.
    Additionally, this action proposes to update the airport name from
Wheeler AFB to Wheeler AAF, and the geographic coordinates for the
associated Class D and Class E airspace areas to match the FAA's
aeronautical database.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.11B,
dated August 3, 2017, and effective September 15, 2017, which is
incorporated by reference in 14 CFR 71.1. The Class D and 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, 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 will 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 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP HI D Honolulu, HI [Amended]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from the surface to and including
3,300 feet MSL bounded by a line from lat. 21[deg]31'03'' N, long.
158[deg]04'30'' W; to lat. 21[deg]31'25'' N, long. 158[deg]03'00''
W, thence clockwise along a 2.6-mile radius of Wheeler AAF to lat.
21[deg]30'33'' N, long. 158[deg]00'07'' W; to lat. 21[deg]28'41'' N,
long. 157[deg]58'19'' W, thence clockwise along a 3.7-mile radius of
the airport to lat. 21[deg]25'46'' N, long. 158[deg]04'24'' W; to
lat. 21[deg]26'52'' N, long. 158[deg]04'31'' W; to lat.
21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat. 21[deg]29'14'' N,
long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N, long.
158[deg]03'59'' W; thence to the point of beginning, excluding that
airspace below 1,800 feet MSL beyond 3.3 miles from the airport from
the 89[deg] bearing clockwise to the 218[deg] bearing from the
airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Pacific Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP HI E2 Honolulu, HI [New]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from the surface bounded by a
line from lat. 21[deg]31'03'' N, long. 158[deg]04'30'' W; to lat.
21[deg]31'25'' N, long. 158[deg]03'00'' W, thence clockwise along a
2.6-mile radius of Wheeler AAF to lat. 21[deg]30'33'' N, long.
158[deg]00'07'' W; to lat.

21[deg]28'41'' N, long. 157[deg]58'19'' W, thence clockwise along a
3.7-mile radius of the airport to lat. 21[deg]25'46'' N, long.
158[deg]04'24'' W; to lat. 21[deg]26'52'' N, long. 158[deg]04'31''
W; to lat. 21[deg]27'17'' N, long. 158[deg]05'45'' W; to lat.
21[deg]29'14'' N, long. 158[deg]04'50'' W; to lat. 21[deg]30'18'' N,
long. 158[deg]03'59'' W; thence to the point of beginning; excluding
that airspace below 1,800 feet MSL beyond 3.3 miles from the airport
from the 89[deg] bearing clockwise to the 218[deg] bearing from the
airport.

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

* * * * *

AWP HI E5 Honolulu, HI [Amended]

Wheeler AAF, HI
    (Lat. 21[deg]28'53'' N, long. 158[deg]02'16'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of Wheeler AAF, excluding that portion
within Restricted Area R-3109, when active.

    Issued in Seattle, Washington, on July 17, 2018.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-15738 Filed 7-23-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32077-32078]
[DOCID:fr02jn06-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No.: 2230-034]

City and Borough of Sitka, AK; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

May 25, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2230-034.
    c. Date Filed: March 28, 2006.
    d. Applicant: City and Borough of Sitka, Alaska.
    e. Name of Project: Blue Lake Hydroelectric Project.
    f. Location: On Sawmill Creek, 5 miles southeast of the City of
Sitka, Alaska. The project occupies land of the United States
administered by the Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Charles Walls, Utility Director, City and
Borough of Sitka, 105 Jarvis Street, Sitka, AK 99835,<PHONE_NUMBER>.
    i. FERC Contact: Thomas Dean,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Deadline for Filing Motions To Intervene and Protests: July 24,
2006.
    All documents (original and eight copies) should be filed with:
Magalie R.

Salas, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person that is on the official service list for the project. Further,
if an intervenor files comments or documents with the Commission
relating to the merits of an issue that may affect the responsibilities
of a particular resource agency, they must also serve a copy of the
document on that resource agency.
    Motions to intervene and protests may be filed electronically via
the Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the

``eFiling'' link.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. Description of Project: The existing Blue Lake Project consists
of one development and two units as follows: The Blue Lake development
consists of: (1) A 211-foot-high, 256-foot-long concrete arch dam
equipped with a 140-foot-long spillway and a release valve at the base
of the dam; (2) a 1,225-acre reservoir with a normal water surface
elevation of 342 feet msl; (3) a 7,110-foot-long power conduit
consisting of: (a) an 11.5-foot-diameter, 1,500-foot-long penstock; (b)
an 84-inch-diameter, 460-foot-long penstock; (c) a 10-inch-diameter,
4,650-foot-long lower penstock; (d) an 84-inch-diameter, 500-foot-long
penstock; (e) a 20-inch-diameter water supply tap; (f) an 84-inch-
diameter butterfly valve; and (g) a 24-inch conduit drain valve; (4) a
powerhouse containing two 3,000 kW generating units; (5) a 150-foot-
long tailrace; (6) a 5-mile-long, 69-kV transmission line; and (7)
appurtenant facilities.
    The Fish Valve Unit consists of: (1) A 36-inch-diameter wye
penstock connected to the power conduit; (2) a powerhouse containing
one 670 kW generating unit; (3) a 7,700-foot-long, 12.47-kV
transmission line; and (4) appurtenant facilities.
    The Pulp Mill Feeder Unit consists of: (1) A 36-inch-diameter tee
connected to the power conduit; (2) a 36-inch-diameter, 24-foot-long
penstock; (3) a powerhouse containing one 870 kW generating unit; (4) a
470-foot-long 4.16-kV transmission line; and (5) other appurtenant
facilities.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received at the Commission on or before
the specified deadline date.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE;'' (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing pertains; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-8525 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69402-69405]
[FR Doc No: 2019-27198]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87725; File No. SR-FINRA-2019-029]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Modify the Securities Transaction Credits
Applicable to FINRA/Nasdaq TRF Participants

December 12, 2019.
    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 December 5, 2019, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    FINRA is proposing to amend FINRA Rule 7610A to modify the
securities transaction credits that apply to FINRA members that utilize
the FINRA/Nasdaq Trade Reporting Facility Carteret (the ``FINRA/Nasdaq
TRF Carteret'') and the FINRA/Nasdaq Trade Reporting Facility Chicago
(the ``FINRA/Nasdaq TRF Chicago'') (collectively, the ``FINRA/Nasdaq
TRFs'').
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA 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 FINRA/Nasdaq TRFs are facilities of FINRA that are operated by
Nasdaq, Inc. (``Nasdaq''). In connection with the establishment of the
FINRA/Nasdaq TRFs, FINRA and Nasdaq entered into a limited liability
company agreement (the ``LLC Agreement''). Under the LLC Agreement,
FINRA, the ``SRO Member,'' has sole regulatory responsibility for the
FINRA/Nasdaq TRFs. Nasdaq, the ``Business Member,'' is primarily
responsible for the management of the FINRA/Nasdaq TRFs' business
affairs, including establishing pricing for use of the FINRA/Nasdaq
TRFs, to the extent those affairs are not inconsistent with the
regulatory and oversight functions of FINRA. Additionally, the Business
Member is obligated to pay the cost of regulation and is entitled to
the profits and losses, if any, derived from the operation of the
FINRA/Nasdaq TRFs.
    Pursuant to FINRA Rule 7610A, FINRA members that report over-the-
counter (``OTC'') trades in NMS stocks to the FINRA/Nasdaq TRFs
(``Participants'') may qualify for revenue sharing payments, in the
form of transaction credits, based upon those transactions that are
attributable to such Participants.\5\ This rule is administered by
Nasdaq, in its capacity as the Business Member and operator of the
FINRA/Nasdaq TRFs on behalf of FINRA.\6\
---------------------------------------------------------------------------

    \5\ A transaction is attributable to a Participant if the
Participant is identified as the Executing Party in a trade report
submitted to a FINRA/Nasdaq TRF that the FINRA/Nasdaq TRF
subsequently submits to the Consolidated Tape Association or the
Nasdaq Securities Information Processor. Credits are paid on a
quarterly basis.
    \6\ FINRA's oversight of this function performed by the Business
Member is conducted through a recurring assessment and review of TRF
operations by an outside independent audit firm.
---------------------------------------------------------------------------

    Rule 7610A sets forth tiered schedules of transaction credits that
describe, for reports in transactions in each Tape (A, B and C), the
percentage of attributable revenue sharing that a Participant will
receive if it achieves specified percentages of market share. The
schedules provide for ``Retail Participants'' \7\ to receive higher
revenue

sharing percentages than other FINRA members at the two lowest tiers
for transactions in each Tape. For reference purposes, the existing
transaction credit schedules are as follows:
---------------------------------------------------------------------------

    \7\ Supplementary Material .01 to Rule 7620A defines a ``Retail
Participant'' as a ``participant in the FINRA/Nasdaq Trade Reporting
Facility for which substantially all of its trade reporting activity
on the FINRA/Nasdaq Trade Reporting Facility comprises Retail
Orders.'' The term ``Retail Order'' is also defined under Rule
7620A.01.

                                 Tape A
------------------------------------------------------------------------
                                                           Percent of
                                        Percent of        attributable
      Percentage market share          attributable      revenue shared
                                      revenue shared        (retail
                                                         participants)
------------------------------------------------------------------------
Greater than or equal to 2%.......                 98                 98
Less than 2% but greater than or                   95                 95
 equal to 1%......................
Less than 1% but greater than or                   75                 75
 equal to 0.50%...................
Less than 0.50% but greater than                   20                 75
 or equal to 0.10%................
Less than 0.10%...................                  0                 75
------------------------------------------------------------------------

                                 Tape B
------------------------------------------------------------------------
                                                           Percent of
                                        Percent of        attributable
      Percentage market share          attributable      revenue shared
                                      revenue shared        (retail
                                                         participants)
------------------------------------------------------------------------
Greater than or equal to 2%.......                 98                 98
Less than 2% but greater than or                   90                 90
 equal to 1%......................
Less than 1% but greater than or                   70                 70
 equal to 0.35%...................
Less than 0.35% but greater than                   10                 70
 or equal to 0.10%................
Less than 0.10%...................                  0                 70
------------------------------------------------------------------------

                                 Tape C
------------------------------------------------------------------------
                                                           Percent of
                                        Percent of        attributable
      Percentage market share          attributable      revenue shared
                                      revenue shared        (retail
                                                         participants)
------------------------------------------------------------------------
Greater than or equal to 2%.......                 98                 98
Less than 2% but greater than or                   95                 95
 equal to 1%......................
Less than 1% but greater than or                   75                 75
 equal to 0.50%...................
Less than 0.50% but greater than                   20                 75
 or equal to 0.10%................
Less than 0.10%...................                  0                 75
------------------------------------------------------------------------

    Nasdaq, as the Business Member, has determined to modify the
schedule of transaction credits applicable to the FINRA/Nasdaq TRFs to
provide a more competitive distribution of pricing incentives and
benefits among Participants to the extent that they engage in a
substantial volume of Executing Party activity. The proposed amended
schedule is also designed to be more competitive with the schedule of
transaction credits applicable to the other FINRA TRF.\8\ FINRA
proposes to amend Rule 7610A accordingly.
---------------------------------------------------------------------------

    \8\ Pursuant to FINRA Rule 7610B, the FINRA/NYSE TRF presently
shares with its participants, for all Tapes, 100% of attributable
revenue for market shares greater than or equal to 2.0%, 95% of
attributable revenue for market shares greater than or equal to 0.5%
but less than 2.0%, 85% of attributable revenue for market shares
greater than or equal to 0.1% but less than 0.5%, and 0% of
attributable revenue for market shares of less than 0.1%.
---------------------------------------------------------------------------

    The proposed rule change would amend the third revenue sharing tier
for both Retail and non-Retail Participants (i.e., Participants that
achieve market shares of less than 1.0% but greater than or equal to
0.50% for Tape A and C securities, and less than 1.0% but greater than
or equal to 0.35% for Tape B securities) by increasing the percentage
of revenue shared with Participants that qualify for the tier.
Specifically, Participants that achieve a market share of less than
1.0% but greater than or equal to 0.50% in securities in Tapes A and C
(or greater than or equal to 0.35% for Tape B securities) will be
eligible to receive 85% of attributable revenues for securities in all
Tapes.
    Nasdaq, as the Business Member, estimates that 13 Participants
currently qualify for the existing revenue sharing tier. Assuming that
these Participants continue to qualify for this tier, Nasdaq estimates,
based on current trade reporting activity, that all of these
Participants will experience an increase in the amount of the credits
that they receive. Based on a review of trade reporting activity for
the period July 2018 to June 2019, Nasdaq estimates that these
Participants could potentially receive between $10,000 and $190,000
more credits than they receive today. No new product or service will
accompany the proposed changes to revenue sharing credits.
    FINRA has filed the proposed rule change for immediate
effectiveness. The operative date will be January 1, 2020.

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\9\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. All similarly situated members are subject to the same fee
structure and access to the FINRA/Nasdaq TRFs is offered on fair and
nondiscriminatory terms.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

The Proposal Is Reasonable
    The proposed change to modify the revenue sharing credits for the
FINRA/Nasdaq TRFs is reasonable in several respects. As a threshold
matter, the FINRA/Nasdaq TRFs are subject to significant competitive
forces in the market for trade reporting services for OTC trades in NMS
stocks that constrain its pricing determinations in that market. The
competing FINRA TRF presently offers a similar tiered pricing structure
to that of the FINRA/Nasdaq TRFs, including a schedule of revenue
sharing credits that apply based upon its participants achieving
certain levels of market share.\10\ Participants can freely and do
shift their trade reporting activity between the various FINRA TRFs in
response to pricing, product or service changes. The proposed rule
change renders more generous the FINRA/Nasdaq TRFs' revenue sharing
credits to maintain and increase activity and market share.
---------------------------------------------------------------------------

    \10\ Because the FINRA/Nasdaq TRFs and the FINRA/NYSE TRF are
operated by different business members competing for market share,
FINRA does not take a position on whether the pricing for one TRF is
more favorable or competitive than the pricing for the other TRF.
---------------------------------------------------------------------------

The Proposal Is an Equitable Allocation of Credits and Charges
    The proposed rule change will allocate revenue sharing credits
fairly among FINRA/Nasdaq TRF Participants. Nasdaq, as the Business
Member, has determined to increase the revenue sharing credits that the
FINRA/Nasdaq TRFs offer to their Participants as a means of rewarding
those Participants that engage in substantial amounts of trade
reporting activity on the FINRA/Nasdaq TRFs, reducing the costs to such
Participants of reporting trades to the FINRA/Nasdaq TRFs, and
improving the competitive standing of the FINRA/Nasdaq TRFs relative to
their competitor, which offers similar credits to its participants.
Nasdaq believes it is equitable to target such increases only to
Participants with market shares of less than 1.0% but greater than or
equal to 0.50% (for securities in Tapes A and C) and 0.35% (for
securities in Tape B). The tier selected accounts for 5% of the
Transaction Credit eligible Participant base and 17% of trade reporting
volume of the FINRA/Nasdaq TRFs and it is a tier that is particularly
vulnerable to competition from the other FINRA TRF, which presently
offers to share 95% of attributable revenues with its participants that
achieve market shares of equal to or greater than 0.5% and less than
2.0%. The proposed rule change will render the FINRA/Nasdaq TRFs more
competitive with its competitors in terms of revenue sharing for
Participants in this market segment.
The Proposal Is Not Unfairly Discriminatory
    The proposed rule change is not unfairly discriminatory. As an
initial matter, nothing about the volume-based tiered pricing model of
the FINRA/Nasdaq TRFs is inherently unfair. Instead, it is a rational
pricing model that is well-established and ubiquitous in today's
economy among firms in various industries--from co-branded credit cards
to grocery stores to cellular telephone data plans--that use it to
reward the loyalty of their best customers that provide high levels of
business activity and incent other customers to increase the extent of
their business activity. It is also a pricing model that FINRA TRFs
have long employed under FINRA rules filed with the Commission.
    Nasdaq, as the Business Member, intends for the proposal to
increase incentives to FINRA/Nasdaq TRF Participants to engage in
substantial trade reporting activity on the FINRA/Nasdaq TRFs. The
increased incentive will be available to all Participants with market
shares of less than 1.0% but greater than or equal to 0.50% (Tapes A
and C securities) and 0.35% (Tape B securities).

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

    FINRA does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    Nasdaq, as the Business Member, does not believe that the proposed
rule change will place any category of Participant at a competitive
disadvantage. As discussed above, all Participants that currently
qualify for credits will continue to qualify for credits under the
proposed rule change and will receive higher rates of credits than they
do today. Meanwhile, Participants that do not qualify for the proposed
tiers (or that do not qualify for the higher of the proposed tiers) may
grow or modify their businesses so that they will do so. Participants
are free to report their OTC trades in NMS stocks to the competing TRF
to the extent they believe that the credits provided are not
attractive. Price competition between the TRFs is substantial, with
trade reporting activity and market share moving freely between them in
reaction to fee and credit changes.
Intermarket Competition
    Nasdaq believes that the proposed modifications to the schedule of
credits applicable to the FINRA/Nasdaq TRFs will not impose a burden on
competition among the FINRA trade reporting facilities because use of
the FINRA/Nasdaq TRFs is completely voluntary and subject to
competition.\11\ Currently, with the exception of FINRA/Nasdaq TRF
Retail Participants in the lowest tier, the competing FINRA TRF
provides higher transaction credits to its participants than the FINRA/
Nasdaq TRFs for engaging in similar levels of trade reporting activity.
Nasdaq, as the Business Member, seeks to increase the credits that the
FINRA/Nasdaq TRFs provide to market participants so that these credits
are more competitive. Nasdaq believes that the proposed increase in
credits is necessary to retain reported volume. Indeed, firms that
report OTC trades in NMS stocks can readily favor competing facilities
if they deem fee levels at a particular facility to be excessive, or
credit opportunities available at other facilities to be more
favorable.
---------------------------------------------------------------------------

    \11\ Because the FINRA/Nasdaq TRFs and the FINRA/NYSE TRF are
operated by different business members competing for market share,
FINRA does not take a position on whether the pricing for one TRF is
more favorable or competitive than the pricing for the other TRF.
---------------------------------------------------------------------------

    The competition, in turn, is free to modify its own fees and
credits in response to this proposed rule change to maintain or
increase its attractiveness to participants. Accordingly, Nasdaq
believes that the risk that this proposed rule change will impose any
burden on intermarket competition is extremely limited.
    If market participants determine that the changes proposed herein
are inadequate or unattractive, it is likely that the FINRA/Nasdaq TRFs
will lose market share as a result. Accordingly, the proposed rule
change will not impair the ability of the other FINRA

TRF to maintain its competitive standing.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and paragraph (f)(2) of Rule 19b-4
thereunder.\13\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2019-029 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2019-029. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2019-029 and should be submitted
on or before January 8, 2020.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27198 Filed 12-17-19; 8:45 am]
 BILLING CODE 8011-01-P