[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24177-24180]
[FR Doc No: 2017-10690]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80734; File Nos. SR-DTC-2017-002; SR-FICC-2017-006; SR-
NSCC-2017-002]

Self-Regulatory Organizations; The Depository Trust Company;
Fixed Income Clearing Corporation; National Securities Clearing
Corporation; Order Approving Proposed Rule Changes To Enhance the
Credit Risk Rating Matrix and Make Other Changes

May 19, 2017.
    On March 22, 2017, The Depository Trust Company (``DTC''), Fixed
Income Clearing Corporation (``FICC''), and National Securities
Clearing Corporation (``NSCC,'' each a ``Clearing Agency,'' and
collectively, ``Clearing Agencies'') filed with the Securities and
Exchange Commission (``Commission'') proposed rule changes SR-DTC-2017-
002, SR-FICC-2017-006, and SR-NSCC-2017-002 (collectively, the
``Proposed Rule Changes'') pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder.\2\ The Proposed Rule Changes were published for comment in
the Federal Register on April 11, 2017.\3\ The Commission received no
comments to the Proposed Rule Changes. This order approves the Proposed
Rule Changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4. The Clearing Agencies also filed the
Proposed Rule Changes as advance notices pursuant to Section
806(e)(1) of the Payment, Clearing, and Settlement Supervision Act
of 2010 and Rule 19b-4(n)(1) under the Act. 15 U.S.C. 5465(e)(1) and
17 CFR 240.19b-4(n)(1). The advance notices were published for
comment in the Federal Register on April 7, 2017. See Securities
Exchange Act Release Nos. 80395 (April 7, 2017), 82 FR 17921 (April
13, 2017) (SR-NSCC-2017-801); 80396 (April 7, 2017), 82 FR 17906
(April 13, 2017) (SR-FICC-2017-804); and 80394 (April 7, 2017), 82
FR 17901 (April 13, 2017) (SR-DTC-2017-801). The Commission did not
receive any comments on the advance notices.
    \3\ Securities Exchange Act Release Nos. 30383 (April 5, 2017),
82 FR 17468 (April 11, 2017) (SR-FICC-2017-006); 80382 (April 5,
2017), 82 FR 17483 (April 11, 2017) (SR-DTC-2017-002); and 80381
(April 5, 2017), 82 FR 17475 (April 11, 2017) (SR-NSCC-2017-002)
(``Notices'').
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I. Description of the Proposed Rule Changes

    The Proposed Rule Changes consist of proposed modifications to the
Rules, By-Laws and Organizational Certificate of DTC (``DTC Rules''),
the Rulebook of GSD (``GSD Rules''), the Clearing Rules of MBSD (``MBSD
Rules''), and the Rules & Procedures of NSCC (``NSCC Rules'')
(collectively, the ``Rules'').\4\ The Proposed Rule Changes are
proposals by the Clearing Agencies to amend the Rules to: (i) Enhance
their shared credit risk rating matrix (``Credit Risk Rating Matrix''
or ``CRRM''), which was developed by the Clearing Agencies to evaluate
the credit risks posed by certain Clearing Agency members to the
Clearing Agencies (and by implication to all of the Clearing Agency
members), as a result of providing services to such members; and (ii)
make other amendments to the Rules, both related and unrelated to the
CRRM, to provide more transparency and description regarding the
Clearing Agencies' current ongoing membership monitoring process, as
described below.
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    \4\ Available at http://www.dtcc.com/en/legal/rules-and-procedures. FICC is comprised of two divisions: The Government
Securities Division (``GSD'') and the Mortgage-Backed Securities
Division (``MBSD''). Each division serves as a central counterparty,
becoming the buyer and seller to each of their respective members'
securities transactions and guarantying settlement of those
transactions, even if a member defaults. GSD provides, among other
things, clearance and settlement for trades in U.S. Government debt
issues. MBSD provides, among other things, clearance and settlement
for trades in mortgage-backed securities. GSD and MBSD maintain
separate sets of rules, margin models, and clearing funds.
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    Currently, the CRRM rates the credit risk presented by members of
the Clearing Agencies that are U.S. broker-dealers and U.S. banks. The
CRRM assigns a credit rating based on certain quantitative factors
(``Credit Rating''), which vary based upon whether the member is a
broker-dealer or bank.\5\ The current CRRM also uses a relative scoring
approach (i.e., rating participants on a curve) and relies on peer
grouping of members to calculate the Credit Rating of a member.
Ultimately, the ratings generated are based on a 7-point rating system,
with ``1'' being the strongest Credit Rating and ``7'' being the
weakest Credit Rating. Although the current CRRM does not directly
consider qualitative factors, the Clearing Agencies' credit risk staff
may manually downgrade a particular member's Credit Rating based on
various qualitative factors.\6\ Members that receive a Credit Rating of
5, 6, or 7 are placed on the Clearing Agencies' ``Watch List,'' as
these members present a greater risk of default.\7\
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    \5\ For U.S. broker-dealers, the Clearing Agencies consider size
(i.e., total excess net capital), capital, leverage, liquidity, and
profitability. For U.S. banks, the Clearing Agencies consider size,
capital, asset quality, earnings, and liquidity.
    \6\ Quantitative factors currently considered by the Clearing
Agencies include: (a) Available news reports and/or regulatory
observations relating to the member; (b) member's liquidity
arrangements; and (c) material changes to the member's
organizational structure.
    \7\ Members on the Watch List are subject to enhanced
surveillance by the Clearing Agencies and additional margin charges.
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    To improve the coverage and the effectiveness of the current CRRM,
the Clearing Agencies are proposing three enhancements, as discussed
below. In addition to the enhancements, the Clearing Agencies also
propose to make other changes to their Rules to more fully describe the
Clearing Agencies' current ongoing membership monitoring process, both
related and unrelated to the CRRM, also discussed below.\8\
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    \8\ Although each of the Clearing Agencies uses the CRRM
uniformly, the description of the respective Clearing Agencies'
Rules regarding the CRRM are different. To address this issue, the
Clearing Agencies propose to adopt similar Rules at each Clearing
Agency.
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A. Proposed CRRM Enhancements

    Currently, the CRRM is comprised of two Credit Rating models--one
for U.S. broker-dealers and one for U.S. banks. The first proposed
enhancement would expand the CRRM by adding a third model that would
enable the CRRM to generate Credit Ratings for members that are foreign
banks or foreign trust companies that have audited financial data that
is publicly available. The Credit Rating for these particular members
would be based on both quantitative and qualitative factors, as
indicated in the second enhancement, below. According to the Clearing

Agencies, the expected benefit of this expansion and enhancement of the
CRRM would be that the Clearing Agencies could better evaluate the
default risk of their foreign bank or foreign trust company members.
    The second proposed enhancement would supplement the Clearing
Agencies' ability to manually downgrade members by incorporating new
qualitative factors into the two existing CRRM models, as well as in
the new foreign bank and trust company model.\9\ Instead of relying
primarily on quantitative data, as do the current CRRM models, the
proposed enhancement would modify the CRRM models to blend qualitative
factors with quantitative factors to produce a Credit Rating for each
applicable member in relation to the member's credit risk. For U.S.
banks, foreign banks, and foreign trust companies, the enhanced CRRM
would use 70/30 weights between quantitative and qualitative factors to
generate Credit Ratings. For U.S. broker-dealers, the weights between
quantitative and qualitative factors would be 60/40. According to the
Clearing Agencies, these weights were chosen by the Clearing Agencies
based on the industry best practice, as well as research and
sensitivity analysis conducted by the Clearing Agencies.\10\ The
Clearing Agencies would review and adjust both the weights and the
quantitative and qualitative factors as needed, based on recalibration
of the CRRM. According to the Clearing Agencies, this proposed
enhancement is expected to reduce the need and the frequency for them
to manually override a member's Credit Rating.
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    \9\ Quantitative and qualitative factors used for each of the
three models differ. The quantitative factors for foreign banks and
foreign trust companies would include size, capital, leverage,
liquidity, profitability, and growth. Qualitative factors would
include market position and sustainability, information reporting
and compliance, management quality, capital management, and
business/product diversity. The added qualitative factors for U.S.
broker-dealers would include market position and sustainability,
management quality, capital management, liquidity management,
geographic diversification, business/product diversity, and access
to alternative sources of funding. The added qualitative factors for
U.S. banks would include the current business environment,
regulatory compliance and litigation risk, management quality,
liquidity management, and parental demands/needs.
    \10\ Notices at 82 FR 17485, 17477, 17470.
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    The third enhancement would replace the current CRRM's relative
scoring approach (which considers other members' Credit Ratings) with a
statistical approach that would estimate the absolute probability of
default of each member by ranking members based on their individual
probability of default. According to the Clearing Agencies, under the
current relative scoring approach, a member's Credit Rating can be
affected by changes in its peer group, even if the member's financial
condition is unchanged. They believe this issue would be addressed by
the proposed statistical approach because it would eliminate any
potential distortion of the rating from the member's peer group that
can occur under the relative scoring approach, and therefore a member's
Credit Rating would better reflect the absolute measure of the member's
default risk.

B. Proposed Other Changes Related to the CRRM

    The Proposed Rule Changes also contain a number of other changes to
the Clearing Agencies' Rules with respect to the CRRM. Generally, these
CRRM-related changes are intended to make the Rules more clear,
consistent, and current for members that rely on them. The proposed
CRRM-related changes would include:
     Adding both the CRRM and the Watch List to the definitions
sections of the Clearing Agencies' Rules;
     providing more description regarding the Clearing
Agencies' continuing ability to downgrade a member's Credit Rating if
the Clearing Agencies believe the factors used as part of the CRRM may
not identify all risks that a member may present to the Clearing
Agencies, and providing more description that any such downgrade could
result in the member being placed on the Watch List and/or being
subject to enhanced surveillance;
     providing more description regarding the Clearing
Agencies' ability to place non-CRRM members on the Watch List and/or
subject them to enhanced surveillance, if necessary under certain
specified conditions, such as news reports and/or regulatory
observations that raise reasonable concerns relating to the member and
material changes to the member's organizational structure;
     providing more description regarding, with respect to
members on the Watch List, that the Clearing Agencies will (i) collect
additional deposits to the clearing fund; and (ii) retain deposits in
excess of the required deposits;
     providing more description regarding the Clearing
Agencies' ability to continue to monitor and review all members on an
ongoing and periodic basis, and that such monitoring may include
conducting reviews of news and market developments relating to these
members, as well as financial reports and other public information of
these members;
     providing more description regarding both members placed
on the Watch List and members subject to enhanced surveillance for
other reasons being subject to more thorough monitoring of their
financial condition and/or operational capability, and being required
to provide more frequent financial disclosures;
     providing more description regarding thresholds for any
margin ``add-on charges'' \11\ not applying to Watch List members, but
applying to non-Watch List members; and
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    \11\ Add-on charges are margin requirements that are in addition
to the Clearing Agencies' primary value-at-risk margin requirement,
such as an intraday charge to account for market volatility and a
charge for having a concentrated position in a security. See, e.g.,
NSCC Procedure XV, Section 1.(B), supra note 4.
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     conforming changes to other sections of the Clearing
Agencies' Rules to use consistent terminology and to provide updated
cross references.

C. Proposed Other Changes Unrelated to the CRRM

    The Clearing Agencies also propose changes that would provide more
description regarding the Clearing Agencies' explicit authority to
review additional reporting from members regarding their financial or
operational condition. Such reporting could include information
regarding the businesses and operations of the member and its risk
management practices with respect to the Clearing Agencies' services
utilized by the member for another person (``Indirect Member'').
According to the Clearing Agencies, such a review could result in the
member being placed on the Watch List, and/or becoming subject to
enhanced surveillance. The Clearing Agencies believe such authority
would enable them to better determine whether the member and Indirect
Member has sufficient financial resources and monitor compliance with
the Clearing Agencies' financial requirements on an ongoing basis.

II. Discussion of Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and rules and regulations thereunder applicable to such
organization.\12\ After carefully considering the Proposed Rule
Changes, the Commission finds that the Proposed Rule Changes are
consistent with the requirements of the Act and the rules

and regulations thereunder applicable to the Clearing Agencies. In
particular, the Commission believes the proposal is consistent with
Section 17A(b)(3)(F) of the Act,\13\ as well as Rules 17Ad-22(e)(1),
(3), and (18) thereunder.\14\
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    \12\ 15 U.S.C. 78s(b)(2)(C).
    \13\ 15 U.S.C. 78q-1(b)(3)(F).
    \14\ 17 CFR 240.17Ad-22(e)(1), (3), and (18).
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A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency be designed to (i) promote the prompt and accurate
clearance and settlement of securities transactions, (ii) assure the
safeguarding of securities and funds which are in the custody and
control of the Clearing Agencies or for which it is responsible, and
(iii) protect investors and the public interest, generally.\15\
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    \15\ 15 U.S.C. 78q-1(b)(3)(F).
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    First, the Commission believes that (i) the above described CRRM-
related changes that are intended to make the Rules more clear,
consistent, and current for members that rely on them, as well as (ii)
the above described non-CRRM related changes that are intended to
provide more description regarding the Clearing Agencies' explicit
authority to review additional reporting from members regarding their
financial or operational condition, are each consistent with promoting
prompt and accurate clearance and settlement. These changes are
designed to provide specificity, clarity, and additional transparency
to the Rules by improving the descriptions of the Clearing Agencies'
existing practices. Such improved descriptions could help members
better understand the Rules, which could help decrease the likelihood
of errors in the performance of members' responsibilities to the
Clearing Agencies, thereby helping to ensure that the Clearing
Agencies' clearing and settlement systems work more efficiently.
Therefore, the Commission believes that these Proposed Rule Changes
could promote the prompt and accurate clearance and settlement of
securities transactions by the Clearing Agencies, consistent with
Section 17A(b)(3)(F) of the Act.\16\
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    \16\ Id.
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    Second, the Commission believes that the proposed enhancements to
the CRRM are consistent with safeguarding funds within the Clearing
Agencies' control. As described above, the Clearing Agencies propose to
improve their methodology for calculating CRRM ratings by (i) more
effectively evaluating the credit risk presented by a distinct class of
members (i.e., foreign banks and foreign trust companies); (ii) more
effectively incorporating qualitative data into the Credit Rating; and
(iii) more accurately measuring the absolute probability of default by
rated members. These enhancements, both individually and collectively,
could improve the Clearing Agencies' ability to determine and evaluate
the credit risk presented by many of the Clearing Agencies' members,
which could enable the Clearing Agencies to deploy more effectively
their risk management tools to manage the credit, market, and liquidity
risks presented by such members. By enabling the Clearing Agencies to
more effectively utilize their risk management tools, the proposed
enhancements to the CRRM could help mitigate the risk that the Clearing
Agencies would suffer a loss from a member default. Therefore, the
Commission believes that these Proposed Rule Changes could help
safeguard funds within the Clearing Agencies' control, consistent with
Section 17A(b)(3)(F) of the Act.\17\
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    \17\ Id.
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    Third, the Commission believes that the proposed enhancements to
the CRRM also could help protect investors and the public interest by
mitigating some of the systemic risk presented by FICC and NSCC as
central counterparties and by DTC as a securities depository. Because a
defaulting member could place stresses on the Clearing Agencies, with
respect to the Clearing Agencies' ability to meet their respective
clearance and settlement obligations (upon which the broader financial
system relies), it is imperative that the Clearing Agencies have a
strong understanding of the credit risk presented by their members. As
described above, the Proposed Rule Changes would add three enhancements
to the CRRM to enable the Clearing Agencies to measure more effectively
the credit risk presented by many members. As such, the Clearing
Agencies could have a more refined view and understanding of credit
risks presented by the CRRM rated members, which could help improve the
Clearing Agencies' ability to calculate margin and deploy risk-
management tools; thus, improving the likelihood that the Clearing
Agencies would continue to meet their clearance and settlement
obligations, despite a member default. Accordingly, the Commission
believes that the proposed changes related to the CRRM enhancement
could help protect investors and the public interest by promoting the
stability of the broader financial system, consistent with Section
17A(b)(3)(F) of the Act.\18\
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    \18\ Id.
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B. Consistency With Rules 17Ad-22(e)(1), (e)(3), and (e)(18)

    The Commission believes that the changes proposed in the Proposed
Rule Changes are consistent with Rules 17Ad-22(e)(1), (e)(3)(i), and
(e)(18) under the Act.\19\
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    \19\ 17 CFR 240.17Ad-22(e)(1); (e)(2); and (e)(3).
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    The Commission believes that the changes proposed in the Proposed
Rule Changes are consistent with Rule 17Ad-22(e)(1) under the Act,
which requires, in part, that the Clearing Agencies ``establish,
implement, maintain and enforce written policies and procedures
reasonably designed to . . . [p]rovide for a well-founded, clear,
transparent and enforceable legal basis for each aspect of its
activities.'' \20\ As described above, the Clearing Agencies propose a
number of other changes to their Rules that are designed to update them
and to make them more consistent and provide greater description for
members that rely on them. As such, the Commission believes that these
proposed changes could make the Clearing Agencies' Rules more clear and
transparent for members that rely on them, consistent with Rule 17Ad-
22(e)(1).
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    \20\ 17 CFR 240.17Ad-22(e)(1).
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    The Commission also believes that the changes proposed in the
Proposed Rule Changes are consistent with Rule 17Ad-22(e)(3)(i) under
the Act, which requires, in part, that the Clearing Agencies
``establish, implement, maintain and enforce written policies and
procedures reasonably designed to . . . [m]aintain a sound risk
management framework for comprehensively managing . . . risks that
arise in or are born by [the Clearing Agencies], which includes . . .
systems designed to identify, measure, monitor and manage the range of
risks that arise in or are borne by [the Clearing Agencies].'' \21\ As
discussed above, the CRRM is a risk measurement tool used by the
Clearing Agencies to help assess the credit risk presented by their
various members. The proposed enhancements to the CRRM could help the
Clearing Agencies better identify and measure such risks, which in turn
could help facilitate the Clearing Agencies' management of credit,
market, and liquidity risk that arises from being a central
counterparty (in the case of NSCC and FICC) and central securities
depository (in the case of DTC). Accordingly, the Commission believes
that the proposed enhancements are

designed to help effectively manage the Clearing Agencies' risk
exposures, including their credit exposure to participants, arising
from their payment, clearing, and settlement processes, consistent with
Rule 17Ad-22(e)(3)(i).
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    \21\ 17 CFR 240.17Ad-22(e)(3)(i).
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    Finally, the Commission believes that the proposal is consistent
with Rule 17Ad-22(e)(18) under the Act, which requires, in part, that
the Clearing Agencies ``establish, implement, maintain and enforce
written policies and procedures reasonably designed to . . .
[e]stablish objective, risk-based, and publicly disclosed criteria for
participation, which . . . require participants to have sufficient
financial resources and robust operational capacity to meet obligations
arising from participation in the clearing agency, and monitor
compliance with such participation requirements on an ongoing basis.''
\22\ As described above, the proposal would provide more description
regarding the Clearing Agencies' authority to review additional
reporting from members regarding their financial or operational
condition and the financial information of any Indirect Member. Because
such authority could enable the Clearing Agencies to better determine
whether the member has sufficient financial resources and monitor
compliance with the Clearing Agencies' financial requirements on an
ongoing basis, the Commission believes this requirement is consistent
with Rule 17Ad-22(e)(18).
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    \22\ 17 CFR 240.17Ad-22(e)(18).
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Changes are consistent with the requirements of the Act,
in particular the requirements of Section 17A of the Act \23\ and the
rules and regulations promulgated thereunder.
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    \23\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule changes SR-DTC-2017-002, SR-FICC-2017-006, and SR-
NSCC-2017-002 be and hereby are APPROVED as of the date of this order
or the date of a notice by the Commission authorizing the Clearing
Agencies to implement their advance notice proposals (SR-DTC-2017-801,
SR-FICC-2017-804, and SR-NSCC-2017-801) that are consistent with the
Proposed Rule Changes, whichever is later.\24\
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    \24\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10690 Filed 5-24-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Page 5798]
[FR Doc No: 2011-2260]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

January 12, 2011.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1693-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Negotiated Rate 2011-01-07 Concord and Noble Americas to be
effective 1/8/2011.
    Filed Date: 01/07/2011.
    Accession Number: 20110107-5265.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 19, 2011.

    Docket Numbers: RP11-1694-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.204: TETLP cleanup filing Jan2011 to be effective 2/10/2011.
    Filed Date: 01/10/2011.
    Accession Number: 20110110-5042.
    Comment Date: 5 p.m. Eastern Time on Monday, January 24, 2011.

    Docket Numbers: RP11-1695-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits tariff filing per
154.204: DTI--Gas Quality to be effective 3/1/2011.
    Filed Date: 01/10/2011.
    Accession Number: 20110110-5100.
    Comment Date: 5 p.m. Eastern Time on Monday, January 24, 2011.

    Docket Numbers: RP11-1696-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK Transportation 1-7-11 Amendment to be effective 1/7/
2011.
    Filed Date: 01/10/2011.
    Accession Number: 20110110-5198.
    Comment Date: 5 p.m. Eastern Time on Monday, January 24, 2011.

    Docket Numbers: RP11-1697-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: Con Ed-Great Eastern-Sempra 2011-01-01 Release to be
effective 1/1/2011.
    Filed Date: 01/11/2011.
    Accession Number: 20110111-5066.
    Comment Date: 5 p.m. Eastern Time on Monday, January 24, 2011.

    Docket Numbers: RP11-1698-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Fayetteville Express Pipeline LLC submits tariff
filing per 154.204: FEP--CEMI K200001 Amendment Filing to be effective
12/30/2010.
    Filed Date: 01/12/2011.
    Accession Number: 20110112-5000.
    Comment Date: 5 p.m. Eastern Time on Monday, January 24, 2011.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2260 Filed 2-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Page 52339]
[FR Doc No: 2016-18480]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0709]

Safety Zones; Point to LaPointe Swim, Lake Superior, LaPointe, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Safety Zone for the Point to
LaPointe Swim in LaPointe, WI on August 6, 2016. This action is
necessary to protect participants and spectators during the Point to
LaPointe Swim in Lake Superior between Bayfield, WI and LaPointe, WI.
During the enforcement period, entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port Duluth or his designated on-scene representative.

DATES: The regulations in 33 CFR 165.943(b) will be enforced from 7:15
a.m. through 10:15 a.m. on August 6, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Junior Grade John Mack,
Waterways Management Division, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
for the annual Point to LaPointe Swim in 33 CFR 165.943(a)(7) from 7:15
a.m. until 10:15 p.m. August 6, 2016. This safety zone will include all
waters between Bayfield, WI and Madeline Island, WI within an imaginary
line created by the following coordinates: 46[deg]48'50.97'' N.,
090[deg]48'44.28'' W., moving southeast to 46[deg]46'44.90'' N.,
090[deg]47'33.21'' W., then moving northeast to 46[deg]46'52.51'' N.,
090[deg]47'17.14'' W., then moving northwest to 46[deg]49'03.23'' N.,
090[deg]48'25.12'' W. and finally running back to the starting point.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Duluth or his
designated on-scene representative. The Captain of the Port's
designated on-scene representative may be contacted via VHF Channel 16.
    This notice is issued under authority of 33 CFR 165.943 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of the enforcement of this safety zone via Broadcast
Notice to Mariners.

    Dated: July 29, 2016.
E. E. Williams,
Commander, U.S. Coast Guard, Captain of the Port, Duluth.
[FR Doc. 2016-18480 Filed 8-5-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Rules and Regulations]
[Page 70665-70667]
[DOCID:fr06de06-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FDMS Docket No. EPA-R03-OAR-2006-0933; FRL-8252-3]

State Operating Permit Programs; Delaware; Amendments to the
Definition of a ``Major Source''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the State of
Delaware's operating permit program to correct the definition of
``major source.'' Delaware's revision was submitted in response to the
Clean Air Act (CAA) Amendments of 1990 that required States to submit
to EPA program revisions in accordance with the Federal Title V
regulations. The EPA granted final approval of Delaware's operating
permit program on November 19, 2001. Delaware amended its operating
permit program to address the Federal EPA amendment to the Federal
Title V regulation, which went into effect on November 27, 2001, and
this action approves this amendment. Any parties interested in
commenting on this action granting approval of Delaware's amendment to
the Title V operating permit program should do so at this time.

DATES: This rule is effective on February 5, 2007 without further
notice, unless EPA receives adverse written comment by January 5, 2007.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0933 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2006-0933, David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0933. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov Web site is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the

Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rosemarie Nino,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 18, 2004, the State of Delaware
submitted an amendment to its State operating permit program. This
amendment is the subject of this document and this section provides
additional information on the amendment by addressing the following
questions:

What Is the State Operating Permit Program?
What Are the State Operating Permit Program Requirements?
What Is Being Addressed in This Document?
What Is Not Being Addressed in This Document?
What Changes to Delaware's Operating Permit Program Is EPA
Approving?
What Action Is Being Taken by EPA?

What Is the State Operating Permit Program?

    The Clean Air Act Amendments of 1990 required all States to develop
operating permit programs that meet certain Federal criteria. When
implementing the operating permit programs, the States require certain
sources of air pollution to obtain permits that contain all of their
applicable requirements under the Clean Air Act (CAA). The focus of the
operating permit program is to improve enforcement by issuing each
source a permit that consolidates all of its applicable CAA
requirements into a Federally-enforceable document. By consolidating
all of the applicable requirements for a given air pollution source
into an operating permit, the source, the public, and the State
environmental agency can more easily understand what CAA requirements
apply and how compliance with those requirements is determined.
    Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in EPA's implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain operating permits. Examples of ``major'' sources include
those that have the potential to emit 100 tons per year or more of
volatile organic compounds, carbon monoxide, lead, sulfur dioxide,
nitrogen oxides, or particulate matter (PM10 and
PM2.5); those that emit 10 tons per year of any single
hazardous air pollutant (HAP) specifically listed under the CAA; or
those that emit 25 tons per year or more of a combination of HAPs. In
areas that are not meeting the national ambient air quality standards
(NAAQS) for ozone, carbon monoxide, or particulate matter, major
sources are defined by the gravity of the nonattainment classification.

What Are the State Operating Permit Program Requirements?

    The minimum program elements for an approvable operating permit
program are those mandated by Title V of the Clean Air Act Amendments
of 1990 and established by EPA's implementing regulations at title 40,
part 70--``State Operating Permit Programs'' in the Code of Federal
Regulations (40 CFR part 70). Title V required state and local air
pollution control agencies to develop operating permit programs and
submit them to EPA for approval by November 15, 1993. Under Title V,
State and local air pollution control agencies that implement operating
permit programs are called ``permitting authorities''.
    The State was granted final full approval effective on November 19,
2001. On May 18, 2004, Delaware submitted an amendment to its currently
EPA-approved Title V operating permit program. In general, Delaware
amended its operating permit program regulations to make the current
definition of a ``major source'' as stringent as the corresponding
provision of 40 CFR Part 70, which went into effect on November 27,
2001. This change will make this aspect of Regulation No. 30 consistent
with the Federal rule.

What Is Being Addressed in This Document?

    This action approves an amendment to the Delaware Title V operating
permit program to correct the definition of a ``major source.'' This
amendment would change the definition of ``a major source'' by removing
the phrase ``but only with respect to those air pollutants that have
been regulated for that category'' from the Regulation 30 (Title V)
definition of a major source as it applies to Federal standards.

What Is Not Being Addressed in This Document?

    EPA is not opening the entirety of Delaware's Title V operating
permit program up to public comment, we are only addressing this change
to the definition of ``major source''.

What Changes to Delaware's Program Is EPA Approving?

    Delaware has revised Regulation 30, Section 2--Definitions, of the
State of Delaware Regulations Governing the Control of Air Pollution to
be consistent with the provision of 40 CFR 70.2. This action is
necessary because the current definition is less stringent than the
corresponding provision of 40 CFR part 70, which went into effect on
November 27, 2001.

Change to Delaware's Program That Corrects a Deficiency

    The EPA has reviewed Delaware's May 18, 2004 program amendment in
conjunction with the portion of Delaware's program that was earlier
approved. Based on this review, EPA is granting full approval of
Delaware's amended operating permit program. The EPA has determined
that this amendment to Delaware's operating permit program adequately
addresses the deficiency. Delaware's operating permit program,
including this amendment submitted on May 18, 2004, fully meets the
minimum requirements of 40 CFR part 70.

What Action Is Being Taken by EPA?

    The State of Delaware has satisfactorily addressed a program
deficiency when EPA made a change to the Federal rule. The operating
permit program amendment that is the subject of this document
considered together with that portion of Delaware's operating permit
program that was earlier approved fully satisfy the requirements of 40
CFR part 70 and the Clean Air Act. Therefore, EPA is taking direct
final action to fully approve the Delaware Title V operating permit
program in accordance with 40 CFR 70.2 definition of ``a major
source.''
    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register EPA is publishing a separate document that will serve
as the proposal to approve this amendment to Delaware's operating
permit program if adverse comments are filed relevant to the issues
discussed in this action. This rule will be effective on February 5,
2007. If EPA receives adverse comments, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. The EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not subject of an adverse comment.

Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This
action merely approves State law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also 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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
    In reviewing State operating permit program submissions, EPA's role
is to approve State choices, provided that they meet the criteria of
the Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove an operating permit program for
failure to use VCS. It would thus be inconsistent with applicable law
for EPA, when it reviews an operating permit program submission, to use
VCS

in place of an operating permit program submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. The EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 5, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action fully approving Delaware's Title V
operating permit program may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
    This action approves an amendment to the Delaware Title V operating
permit program to correct the definition of a ``major source.''

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.

    Dated: November 21, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 70 is amended as follows:

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Appendix A to part 70 is amended by adding paragraph (c) in the
entry for Delaware to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Delaware

    (c) The Delaware Department of Natural Resources and
Environmental Control submitted program amendment on May 18, 2004.
This rule amendment contained in the May 18, 2004 submittal is
necessary to make the current definition as stringent as the
corresponding provision of 40 CFR part 70, which went into effect on
November 27, 2001. The State is hereby granted approval effective on
February 5, 2007.

[FR Doc. E6-20645 Filed 12-5-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Rules and Regulations]
[Page 52924]
[DOCID:fr12se08-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of compliance date, Captain of the Port Zones Hampton
Roads, Morgan City, New Orleans, Upper Mississippi River, Miami, Key
West, and St. Petersburg.

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SUMMARY: This document informs owners and operators of facilities
located within Captain of the Port Zones Hampton Roads, Morgan City,
New Orleans, Upper Mississippi River, Miami, Key West, and St.
Petersburg that they must implement access control procedures utilizing
TWIC no later than January 13, 2009.

DATES: The compliance date for the TWIC regulations found in 33 CFR
part 105 for Captain of the Port Zones Hampton Roads, Morgan City, New
Orleans, Upper Mississippi River, Miami, Key West, and St. Petersburg
is January 13, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this document as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to
realign the compliance date for implementation of the Transportation
Worker Identification Credential. 73 FR 25562. The date by which
mariners need to obtain a TWIC, and by which owners and operators of
vessels and outer continental shelf facilities must implement access
control procedures utilizing TWIC, is now April 15, 2009 instead of
September 25, 2008. Owners and operators of facilities that must comply
with 33 CFR part 105 will still be subject to earlier, rolling
compliance dates, as set forth in 33 CFR 105.115(e). The Coast Guard
will continue to announce rolling compliance dates, as provided in 33
CFR 105.115(e), at least 90 days in advance via notices published in
the Federal Register. The final compliance date for all COTP Zones will
not be later than April 15, 2009.

II. Notice of Facility Compliance Date--COTP Zones Hampton Roads,
Morgan City, New Orleans, Upper Mississippi River, Miami, Key West, and
St. Petersburg

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners
and operators must be operating in accordance with the TWIC provisions
in this part by the date set by the Coast Guard in a Notice to be
published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR
105.115(e) located within COTP Zones Hampton Roads, Morgan City, New
Orleans, Upper Mississippi River, Miami, Key West, and St. Petersburg
that the deadline for their compliance with Coast Guard and TSA TWIC
requirements is January 13, 2009.
    The TSA and Coast Guard have determined that this date provides
sufficient time for the estimated population required to obtain TWICs
for these COTP Zones to enroll and for TSA to complete the necessary
security threat assessments for those enrollment applications. We
strongly encourage persons requiring unescorted access to facilities
regulated by 33 CFR part 105 and located in one of these COTP Zones to
enroll for their TWIC as soon as possible, if they haven't already.
Additionally, we note that the TWIC Final Rule advises owners and
operators of MTSA regulated facilities of their responsibility to
notify employees of the TWIC requirements. Specifically, 33 CFR
105.200(b)(14) requires owners or operators of MTSA regulated
facilities to ``[i]nform facility personnel of their responsibility to
apply for and maintain a TWIC, including the deadlines and methods for
such applications.'' Information on enrollment procedures, as well as a
link to the pre-enrollment Web site (which will also enable an
applicant to make an appointment for enrollment), may be found at
https://twicprogram.tsa.dhs.gov/TWICWebApp/.
    You may also visit our Web site at homeport.uscg.mil/twic for a
framework showing expected future compliance dates by COTP Zone. This
list is subject to change; changes in expected future compliance dates
will appear on that Web site. The exact compliance date for COTP Zones
will also be announced in the Federal Register at least 90 days in
advance.

    Dated: September 5, 2008.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
[FR Doc. E8-21218 Filed 9-11-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1280]
[FR Doc No: 2016-308]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Burlington International Airport;
South Burlington, Vermont

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps for Burlington International
Airport, as submitted by the City of Burlington, Vermont, under the
provisions of Title I of the Aviation Safety and Noise Abatement Act of
1979 (Public Law 96-193) and 14 CFR part 150, are in compliance with
applicable requirements.

DATES: The effective date of the FAA's determination on the noise
exposure maps is December 22, 2015.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the noise exposure maps submitted for Burlington International
Airport are in compliance with applicable requirements of Part 150,
effective December 22, 2015.
    Under Section 103 of Title I of the Aviation Safety and Noise
Abatement Act of 1979 (hereinafter referred to as ``the Act''), an
airport operator may submit to the FAA noise exposure maps that meet
applicable regulations and that depict non-compatible land uses as of
the date of submission of such maps, a description of projected
aircraft operations, and the ways in which such operations will affect
such maps. The Act requires such maps to be developed in consultation
with interested and affected parties in the local community, government
agencies, and persons using the airport.
    An airport operator who has submitted such noise exposure maps that
are found by FAA to be in compliance with the requirements of Federal
Aviation Regulation (FAR) Part 150, promulgated pursuant to Title I of
the Act, may submit a noise compatibility program for FAA approval that
sets forth the measures the operator has taken, or proposes, for the
introduction of additional non-compatible uses.
    The FAA has completed its review of the noise exposure map and
related descriptions submitted by the City of Burlington, Vermont. The
specific maps under consideration were ``Figure 12, 2015 Existing
Conditions Noise Exposure Map'' and ``Figure 13, 2020 Forecast
Conditions Noise Exposure Map'' in the submission. The FAA has
determined that these maps for Burlington International Airport are in
compliance with applicable requirements. This determination is
effective on December 22, 2015.
    FAA's determination on an airport operator's noise exposure maps is
limited to a finding that the maps were developed in accordance with
the procedures contained in Appendix A of FAR Part 150. Such
determination does not constitute approval of the applicant's data,
information or plans, or a commitment to approve a noise compatibility
program or to fund the implementation of that program.
    If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under Section 103 of the Act, it should be noted that the FAA
is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
Section 107 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under Part 150 or through FAA's review of a noise exposure map.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted the map or
with those public agencies and planning agencies with which
consultation is required under Section 103 of the Act. The FAA has
relied on the certification by the airport operator, under Section
150.21 of FAR Part 150, that the statutorily required consultation has
been accomplished.
    Copies of the noise exposure maps and of the FAA's evaluation of
the maps are available for examination at the following locations:

Burlington International Airport, 1200 Airport Drive #1, South
Burlington, Vermont 05403.

Federal Aviation Administration, New England Region, Airports Division,
12 New England Executive Park, Burlington, Massachusetts 01803.

    Questions may be directed to the individual named above under the
heading: FOR FURTHER INFORMATION CONTACT.

    Issued in Burlington, Massachusetts on December 22, 2015.
Richard P. Doucette,
Environmental Program Manager, FAA New England Region, Airports
Division.
[FR Doc. 2016-308 Filed 1-8-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Pages 28378-28379]
[FR Doc No: 2012-11500]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2012-0104; FRL-9516-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Brownfields Program--
Accomplishment Reporting (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before June 13, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2012-0104, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB by mail
to: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Rachel Lentz, Office of Brownfields
and Land Revitalization, (5105T), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
566-2745; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 10, 2012 (77 FR 7143), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during the
comment period, which was not relevant to this ICR, and is not
addressed in the ICR. Any additional comments on this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    The EPA has established a public docket for this ICR under Docket
ID No. EPA-HQ-SFUND-2012-0104, which is available for online viewing at
www.regulations.gov, or in person viewing at the Superfund Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Superfund Docket is<PHONE_NUMBER>.
    Use the EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that the EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at www.regulations.gov as the

EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: Brownfields Program--Accomplishment Reporting (Renewal).
    ICR numbers: EPA ICR No. 2104.04, OMB Control No. 2050-0192.
    ICR Status: This ICR is scheduled to expire on July 31, 2012. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for the EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Small Business Liability Relief and Brownfields
Revitalization Act (Pub. L. 107-118) (``the Brownfields Amendments'')
was signed into law on January 11, 2002. The Act amends the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), as amended, and authorizes the EPA to award cooperative
agreements to states, tribes, local governments, and other eligible
entities to assess and clean up brownfields sites. Under the
Brownfields Amendments, a brownfield site means real property, the
expansion, redevelopment, or reuse of which may be complicated by the
presence or potential presence of a hazardous substance, pollutant, or
contaminant. For funding purposes, the EPA uses the term ``brownfield
property(ies)'' synonymously with the term ``brownfield sites.'' The
Brownfields Amendments authorize the EPA to award several types of
cooperative agreements to eligible entities on a competitive basis.
    Under subtitle A of the Small Business Liability Relief and
Brownfields Revitalization Act, States, tribes, local governments, and
other eligible entities can receive assessment cooperative agreements
to inventory, characterize, assess, and conduct planning and community
involvement related to brownfields properties; cleanup cooperative
agreements to carry out cleanup activities at brownfields properties;
cooperative agreements to capitalize revolving loan funds and provide
subgrants for cleanup activities; and job training cooperative
agreements to support the creation and implementation of environmental
job training and placement programs. Under Subtitle C of the Small
Business Liability Relief and Brownfields Revitalization Act, State and
tribes can receive cooperative agreements to establish and enhance
their response programs. The cooperative agreements support activities
necessary to establish or enhance four elements of state and tribal
response programs and to meet the public record requirements under the
statute. The four elements eligible for funding include: (a) Timely
survey and inventory of brownfield sites in the State or in the tribal
land; (b) oversight and enforcement authorities or other mechanisms and
resources; (c) mechanisms and resources to provide meaningful
opportunities for public participation; and (d) mechanisms for approval
of a cleanup plan and verification and certification that cleanup is
complete. States and tribes that receive funding under subtitle C must
establish a public record system during the funding period unless an
adequate public record system is already established.
    Cooperative agreement recipients (recipients) have general
reporting and record keeping requirements as a condition of their
cooperative agreement that result in burden. A portion of this
reporting and record keeping burden is authorized under 40 CFR Parts 30
and 31 and identified in the EPA's general grants ICR (OMB Control
Number 2030-0020). The EPA requires Brownfields program recipients to
maintain and report additional information to the EPA on the uses and
accomplishments associated with the funded brownfields activities. The
EPA uses several forms to assist recipients in reporting the
information and to ensure consistency of the information collected. The
EPA uses this information to meet Federal stewardship responsibilities
to manage and track how program funds are being spent, to evaluate the
performance of the Brownfields Cleanup and Land Revitalization Program,
to meet the Agency's reporting requirements under the Government
Performance Results Act, and to report to Congress and other program
stakeholders on the status and accomplishments of the program.
    This ICR addresses the burden imposed on recipients that are
associated with those reporting and recordkeeping requirements that are
specific to cooperative agreements awarded under the Small Business
Liability Relief and Brownfields Revitalization Act.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.22
hours per response. It is estimated to average 4 hours per response for
Job Training recipients, and 1.25 hours per response for subtitle A
assessment, cleanup, and revolving loan fund and subtitle C recipients.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, disclose or provide information
to, or for, a Federal agency. This includes the time needed to review
instructions; develop, acquire, install and utilize technology and
systems for the purposes of collecting, validating and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing procedures to comply with
any previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: State, Local, and Tribal
Governments.
    Estimated Number of Respondents: 1,007.
    Frequency of Response: Bi-Annual for subtitle C recipients;
Quarterly for subtitle A recipients.
    Estimated Total Annual Hour Burden: 3,167 hours.
    Estimated Total Annual Cost: $308,911, includes $0 annualized
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 13,383 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This reflects the EPA's updating of burden
estimates for this collection based on an increase in number of
experienced recipients familiar with reporting requirements, a lowered
number of responses based on previous data submission, and improvements
in the Assessment, Cleanup and Redevelopment Exchange System (ACRES)
reporting database.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-11500 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P


Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (d) * * *
    (7) Student pilot's certificate and logbook of a student pilot
seeking a sport pilot certificate for solo flight in Class B, C and D
airspace areas, at an airport within Class B, C, or D airspace and to,
from, through or on an airport having an operational control tower,
unless that flight instructor has--
    (i) Given that student ground and flight training in that airspace
or at that airport; and
    (ii) Determined that the student is proficient to operate the
aircraft safely.
* * * * *
    (k) Additional limitations for a flight instructor with a sport
pilot rating. A

flight instructor with a sport pilot rating may only provide flight
instruction in a light-sport aircraft and must have--
    (1) At least a private pilot certificate with the applicable
category and class ratings at any certificate level to provide training
for a private pilot certificate with a powered parachute or weight-
shift-control aircraft rating;
    (2) The endorsement specified in Sec.  61.324 or be otherwise
authorized to operate a powered parachute with an elliptical wing to
provide training in a powered parachute with an elliptical wing;
    (3) The endorsement specified in Sec.  61.327(a) or be otherwise
authorized to operate a light-sport aircraft with a VH
greater than 87 knots CAS to provide training in a light-sport aircraft
with a VH greater than 87 knots CAS;
    (4) The endorsement specified in Sec.  61.327(b) or be otherwise
authorized to operate a light-sport aircraft with a VH less
than or equal to 87 knots CAS to provide training in a light-sport
aircraft with a VH less than or equal to 87 knots CAS; and
    (5) The endorsement specified in Sec.  61.325 or be otherwise
authorized to conduct operations in Class B, C, and D airspace, at an
airport located in Class B, C, or D airspace, and to, from, through, or
at an airport having an operational control tower to provide training
in this airspace and at these airports.

Sec.  61.301  [Amended]

    27. Amend Sec.  61.301 by removing paragraph (a)(7).
    28. Amend Sec.  61.303 by:
    a. Removing the words ``light sport'' adding the words ``light-
sport'' in their place in paragraphs (a)(1)(ii)(A) introductory text
and (a)(2)(ii)(A) introductory text; and
    b. Revising the introductory text of paragraphs (a)(1)(i)(A),
(a)(1)(ii), (a)(1)(iii)(A), (a)(2)(i)(A), (a)(2)(ii), (a)(2)(iii)(A),
(a)(3)(i)(A), (a)(3)(ii)(A), and (a)(3)(iii)(A), and paragraph
(a)(3)(ii)(A)(1) to read as follows:

Sec.  61.303  If I want to operate a light-sport aircraft, what
operating limits and endorsement requirements in this subpart must I
comply with?

    (a) * * *

----------------------------------------------------------------------------------------------------------------
             If you hold                     And you hold         Then you may operate             And
----------------------------------------------------------------------------------------------------------------
(1) * * *............................  (i) * * *..............  (A) Any light-sport      (1) * * *
                                                                 aircraft for which you
                                                                 hold the appropriate
                                                                 category and class
                                                                 rating,
                                       (ii) At least a          (A) * * *..............  (1) * * *
                                        recreational pilot
                                        certificate with a
                                        category and class
                                        rating at that
                                        certificate level or
                                        higher,
                                       (iii) * * *............  (A) That light-sport     (1) * * *
                                                                 aircraft, only if you
                                                                 hold the appropriate
                                                                 category and class
                                                                 rating,
(2) * * *............................  (i) * * *..............  (A) Any light-sport      (1) * * *
                                                                 aircraft for which you
                                                                 hold the appropriate
                                                                 category and class
                                                                 rating,
                                       (ii) At least a          (A) * * *..............  (1) * * *
                                        recreational pilot
                                        certificate with a
                                        category and class
                                        rating at that
                                        certificate level or
                                        higher,
                                       (iii) * * *............  (A) That light-sport     (1) * * *
                                                                 aircraft, only if you
                                                                 hold the appropriate
                                                                 category and class
                                                                 ratings,
(3) * * *............................  (i) * * *..............  (A) Any light-sport      (1) * * *
                                                                 glider or balloon for
                                                                 which you hold the
                                                                 appropriate category
                                                                 and class rating,
                                       (ii) * * *.............  (A) Any light-sport      (1) You do not have to
                                                                 glider or balloon in     hold any of the
                                                                 that category and        endorsements required
                                                                 class,                   by this subpart, nor
                                                                                do you have to balloon
                                                                                in comply with the
                                                                                limitations in Sec.
                                                                                61.315.
                                       (iii) * * *............  (A) Any light-sport      (1) * * *
                                                                 glider or balloon,
                                                                 only if you hold the
                                                                 glider category or
                                                                 balloon class rating,
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  61.309  [Amended]

    29. Amend Sec.  61.309 introductory text by removing the words
``Except as specified in Sec.  61.329, to'' and adding the word ``To''
to the beginning of the sentence.
    30. Amend Sec.  61.311 by revising the introductory text to read as
follows:

Sec.  61.311  What flight proficiency requirements must I meet to apply
for a sport pilot certificate?

    To apply for a sport pilot certificate you must receive and log
ground and flight training from an authorized instructor on the
following areas of operation, as appropriate, for airplane single-
engine land or sea, glider, gyroplane, airship, balloon, powered
parachute land or sea, and weight-shift-control aircraft land or sea
ratings:
* * * * *
    31. Amend Sec.  61.313 by:
    a. Removing the words ``Except as specified in Sec.  61.329, use''
from the introductory text and adding the word ``Use'' to the beginning
of the sentence;
    b. Removing the numeral ``3'' and adding in its place the numeral
``2'' in paragraphs (a)(1)(iv), (d)(1)(iv), (e)(1)(iv), (f)(1)(ii),
(g)(1)(v) and (h)(1)(iv);
    c. Revising the introductory text of paragraphs (a) through (h);
    d. Revising paragraph (g)(1) introductory text; and

    e. Revising paragraphs (b)(1)(ii) and (c)(1)(ii).
    The revisions read as follows:

Sec.  61.313  What aeronautical experience must I have to apply for a
sport pilot certificate?

* * * * *

------------------------------------------------------------------------
  If you are applying for a
sport pilot certificate with  Then you must log at   Which must include
            . . .                  least . . .         at least . . .
------------------------------------------------------------------------
(a) Airplane category and     (1) * * *...........  * * *
 single-engine land or sea
 class ratings,
(b) Glider category rating,   (1) * * *...........  * * * (ii) at least
 and you have not logged at                          3 training flights
 least 20 hours of flight                            on those areas of
 time in heavier-than-air                            operation specified
 aircraft,                                           in Sec.   61.311
                                                     preparing for the
                                                     practical test
                                                     within 60 days
                                                     before the date of
                                                     the test.
(c) Glider category rating,   (1) * * *...........  * * * (ii) at least
 and you have logged at                              3 training flights
 least 20 hours of flight                            on those areas of
 time in heavier-than-air                            operation specified
 craft,                                              in Sec.   61.311
                                                     preparing for the
                                                     practical test
                                                     within 60 days
                                                     before the date of
                                                     the test.
(d) Rotorcraft category and   (1) * * *...........  * * *
 gyroplane class ratings,
(e) Lighter-than-air          (1) * * *...........  * * *
 category and airship class
 ratings,
(f) Lighter-than-air          (1) * * *...........  * * *
 category and balloon class
 ratings,
(g) Powered parachute         (1) 12 hours of       * * *
 category land or sea class    flight time in a
 ratings,                      powered parachute,
                               including 10 hours
                               of flight training
                               in a powered
                               parachute from an
                               authorized
                               instructor, and at
                               least 2 hours of
                               solo flight time in
                               a powered parachute
                               on the areas of
                               operation listed in
                               Sec.   61.311,
(h) Weight-shift-control      (1) * * *...........  * * *
 aircraft category land or
 sea class ratings,
------------------------------------------------------------------------

    32. Amend Sec.  61.315 by revising paragraphs (c)(11), (c)(14), and
(c)(16) and adding paragraph (c)(20) to read as follows:

Sec.  61.315  What are the privileges and limits of my sport pilot
certificate?

* * * * *
    (c) * * *
    (11) At an altitude of more than 10,000 feet MSL, or 2,000 feet
AGL, whichever is higher.
* * * * *
    (14) If the aircraft has:
    (i) A VH greater than 87 knots CAS, unless you have met
the requirements of Sec.  61.327(a).
    (ii) A VH less than or equal to 87 knots CAS, unless you
have met the requirements of Sec.  61.327(b) or have logged pilot-in-
command time in an aircraft with a VH less than or equal to
87 knots CAS before (insert effective date of final rule).
* * * * *
    (16) Contrary to any limit on your pilot certificate or airman
medical certificate, or any other limit or endorsement from an
authorized instructor.
* * * * *
    (20) That is a powered parachute with an elliptical wing, unless
you have met the requirements specified in Sec.  61.324.
    33. Revise Sec.  61.317 to read as follows:

Sec.  61.317  Is my sport pilot certificate issued with aircraft
category and class ratings?

    Your sport pilot certificate will list aircraft category and class
ratings. When you successfully pass the practical test for a sport
pilot certificate, regardless of the light-sport aircraft rating you
seek, the FAA will issue a sport pilot certificate with the appropriate
aircraft category and class rating.

Sec.  61.319  [Removed and reserved]

    34. Remove and reserve Sec.  61.319.

Sec.  61.321  [Removed and reserved]

    35. Remove and reserve Sec.  61.321.

Sec.  61.323  [Removed and reserved]

    36. Remove and reserve Sec.  61.323.
    37. Add Sec.  61.324 to read as follows:

Sec.  61.324  How do I obtain privileges to operate a powered parachute
with an elliptical wing?

    (a) Except as specified in paragraph (b) of this section, if you
hold a sport pilot certificate with a powered parachute rating and you
seek to operate a powered parachute with an elliptical wing you must--
    (1) Receive and log ground and flight training from an authorized
instructor in a powered parachute with an elliptical wing; and
    (2) Receive a logbook endorsement from the authorized instructor
who provided you with the training specified in paragraph (a) of this
section certifying that you are proficient to operate a powered
parachute with an elliptical wing.
    (b) The training and endorsements required by paragraph (a) of this
section are not required if you have logged flight time as pilot in
command of a powered parachute with an elliptical wing prior to
[EFFECTIVE DATE OF THE FINAL RULE].
    38. Revise Sec.  61.327 to read as follows:

Sec.  61.327  Are there specific endorsement requirements to operate
light-sport aircraft based on VH?

    (a) If you hold a sport pilot certificate and you seek to operate a
light-sport aircraft that has a VH greater than 87 knots CAS
you must--
    (1) Receive and log ground and flight training from an authorized
instructor in an aircraft that has a VH greater than 87
knots CAS; and
    (2) Receive a logbook endorsement from the authorized instructor
who provided the training specified in paragraph (a)(1) of this section
certifying that you are proficient in the operation of light-sport
aircraft with a VH greater than 87 knots CAS.
    (b) Except as specified in paragraph (d) of this section, if you
hold a sport pilot certificate and you seek to operate a light-sport
aircraft that has a VH less than or equal to 87 knots CAS
you must--
    (1) Receive and log ground and flight training from an authorized
instructor in

an aircraft that has a VH less than or equal to 87 knots
CAS; and
    (2) Receive a logbook endorsement from the authorized instructor
who provided the training specified in paragraph (b)(1) of this section
certifying that you are proficient in the operation of light-sport
aircraft with a VH less than or equal to 87 knots CAS.
    (c) If you hold a sport pilot certificate and you seek to operate a
light-sport aircraft that is an airplane and has a VH
greater than 87 knots CAS after [ONE YEAR AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], you must receive and log 1 hour of flight training in
a single-engine airplane that has a VH greater than 87 knots
CAS on the control and maneuvering of an airplane solely by reference
to instruments, including straight and level flight, climbs and
descents, turns to a heading, and recovery from unusual flight
attitudes.
    (d) The training and endorsements required by paragraph (b) of this
section are not required if you have logged flight time as pilot in
command of an aircraft with a VH less than or equal to 87
knots CAS prior to [EFFECTIVE DATE OF THE FINAL RULE].

Sec.  61.329  [Removed]

    39. Remove Sec.  61.329.

Sec. Sec.  61.401 through 61.431 (Subpart K)  [Removed]

    40. Remove subpart K consisting of Sec. Sec.  61.401 through
61.431.

PART 91--GENERAL OPERATING AND FLIGHT RULES

    41. The authority citation for part 91 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).

    42. Amend Sec.  91.119 by revising paragraph (d) to read as
follows:

Sec.  91.119  Minimum safe altitudes: General.

* * * * *
    (d) Helicopters, powered parachutes, and weight-shift-control
aircraft. If the operation is conducted without hazard to persons or
property on the surface--
    (1) A helicopter may be operated at less than the minimums
prescribed in paragraph (b) or (c) of this section, provided each
person operating the helicopter complies with any routes or altitudes
specifically prescribed for helicopters by the FAA; and
    (2) A powered parachute or weight-shift-control aircraft may be
operated at less than the minimums prescribed in paragraph (c) of this
section.
    43. Amend Sec.  91.417 by revising paragraph (a)(2)(v) to read as
follows:

Sec.  91.417  Maintenance records.

    (a) * * *
    (2) * * *
    (v) The current status of applicable airworthiness directives (AD)
and safety directives including, for each, the method of compliance,
the AD or safety directive number and revision date. If the AD or
safety directive involves recurring action, the time and date when the
next action is required.
* * * * *

PART 141--PILOT SCHOOLS

    44. The authority citation for part 141 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709,
44711, 45102-45103, 45301-45302.
    45. Amend Sec.  141.39 by revising paragraph (b) to read as
follows:

Sec.  141.39  Aircraft.

* * * * *
    (b) Each aircraft must be certificated with a standard
airworthiness certificate, a primary airworthiness certificate, or a
special airworthiness certificate in the light-sport category unless
the Administrator determines that due to the nature of the approved
course, an aircraft not having a standard airworthiness certificate, a
primary airworthiness certificate, or a special airworthiness
certificate in the light-sport category may be used;
* * * * *

    Issued in Washington, DC on April 9, 2008.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. 08-1127 Filed 4-11-08; 8:45am]

BILLING CODE 4910-13-P