[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37045-37047]
[FR Doc No: 2021-14970]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0029]
RIN 1625-AA08

Special Local Regulations; Mystic Sharkfest Swim, Mystic River,
Mystic, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will issue special local regulations for an
annual Mystic Sharkfest Swim event on the Mystic River. This rule is
intended to ensure the protection of the maritime public and event
participants from the hazards associated with this marine event. Once
enforced, these special local regulations would restrict vessels from
transiting the regulated area during this annually recurring event.

DATES: This rule is effective without actual notice July 14, 2021. For
the purposes of enforcement, actual notice will be used from July 18,
2021 until July 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician 1st Class Chris Gibson,
Waterways Management Division, Sector Long Island Sound; Tel: (203)
468-4565; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 13, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulations; Mystic Sharkfest
Swim, Mystic River, Mystic, CT (86 FR 19169). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
May 13, 2021, we received 0 comments.
    The Captain of the Port Long Island Sound (COTP) will amend Table 1
of 33 CFR 100.100 Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone
because adding this single reaccuring event will considerably reduce
administrative overhead and provide the public with notice through
publication in the Federal Register of the upcoming recurring special
local regualtion.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with this annual recurring event will be a
safety concern for anyone within the area where the special local
regulations will commence. The purpose of this rule is to ensure safety
of vessels and the navigable waters in the safety zone before, during,
and after the scheduled event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule wold be impracticable and contrary to the public interest
because the special local regulation must be established for the swim
event on July 18, 2021 to mitigate the potential safety hazards.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
13, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes special local regulations for the annual
Mystic Sharkfest Swim event by adding this event to Table 1 to 33 CFR
100.100. The event will occur on a day in July at a time to be
determined each year. The regulated area will encompass all waters of
the Mystic River in Mystic, CT from Mystic Seaport, down the Mystic
River, under the Bascule Drawbridge, to the boat launch ramp at the
north end of Seaport Marine. Once enforced on the one day in July each
year, these special local regulations would restrict vessels from
transiting the regulated area. The specific description of this
regulation appears at the end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration and time-of-day of the special local regulation.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the special local regulation and the
rule would allow vessels to seek permission to enter the area. Vessel
traffic would also be able to request permission from the COTP or a
designated representative to enter the restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves adding
an annually recurring marine event to the already listed Table in 33
CFR 100.100. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

    Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.100, amend Table 1 by inserting item 7.8, in numerical
order, to read as follows:

                        Table 1 to Sec.   100.100
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                              * * * * * * *
7...............................................  July

                              * * * * * * *
7.8 Mystic Sharkfest Swim.......................   Date: A
                                                   single day during
                                                   July.
                                                   Time: To be
                                                   determined annually.
                                                   Location: All
                                                   waters of the Mystic
                                                   River in Mystic, CT
                                                   from Mystic Seaport,
                                                   down the Mystic
                                                   River, under the
                                                   Bascule Drawbridge at
                                                   41[deg]21'17.046'' N,
                                                   071[deg] 58'8.742''
                                                   W, to finish at the
                                                   boat launch ramp at
                                                   the north end of
                                                   Seaport Marine.

                              * * * * * * *
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    Dated: July 8, 2021.
E. J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-14970 Filed 7-13-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59854-59855]
[FR Doc No: 2019-24180]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87436; File No. 10-237]

MEMX LLC; Notice of Filing of Application, as Amended, for
Registration as a National Securities Exchange Under Section 6 of the
Securities Exchange Act of 1934

October 31, 2019.
    On September 9, 2019, MEMX LLC (``MEMX'' or ``Applicant'') filed
with the Securities and Exchange Commission (``Commission'') a Form 1
application under the Securities Exchange Act of 1934 (``Exchange
Act''), seeking registration as a national securities exchange under
Section 6 of the Exchange Act. On October 23, 2019, MEMX submitted
Amendment No. 1 to its Form 1 application.\1\ MEMX's Form 1
application, as amended, provides detailed information on how it
proposes to satisfy the requirements of the Exchange Act.
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    \1\ In Amendment No. 1, Applicant submitted updated portions of
its Form 1 application, including Exhibits A-5 (Second Amended and
Restated LLC Agreement of MEMX LLC), B (Rules of MEMX), C-2 (Third
Amended and Restated LLC Agreement of MEMX Holdings LLC), and C-4
(Amended and Restated LLC Agreement of MEMX SubCo LLC).
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    The Commission is publishing this notice to solicit comments on
MEMX's Form 1 application. The Commission will take any comments it
receives into consideration in making its determination about whether
to grant the Applicant's request to register as a national securities
exchange. The Commission will grant the registration if it finds that
the requirements of the Exchange Act and the rules and regulations
thereunder with respect to MEMX are satisfied.\2\
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    \2\ 15 U.S.C. 78s(a).
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    As discussed in the Form 1 application, MEMX would be a subsidiary
of its parent company, MEMX Holdings, LLC (``MEMX Holdings''), which
would directly hold 99.5% of the equity of MEMX and indirectly hold the
other 0.5% of the equity of MEMX through its 100% ownership of MEMX
SubCo LLC.\3\ In turn, MEMX Holdings would be owned by a group of nine
investors that include broker-dealers, retail brokers, and banks, eight
of which have the ability to appoint a director to the board of MEMX
Holdings.\4\ Three of those investors also would have the ability to
nominate a director to the board of MEMX on a rotating schedule.\5\
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    \3\ A similar ownership structure exists for MEMX Execution
Services LLC, which would act as an optional outbound routing broker
for MEMX.
    \4\ See Exhibit B (Directors and Observers Schedule) to the
Third Amended and Restated LLC Agreement of MEMX Holdings.
    \5\ See ``Exchange Director Nominating Member'' as defined in
Article 1.1 of the Third Amended and Restated LLC Agreement of MEMX
Holdings. See also Exhibit J (Exchange Director Nomination Rotation)
to the Third Amended and Restated LLC Agreement of MEMX Holdings.
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    The governing documents for MEMX can be found in Exhibit A to
MEMX's Form 1 application, and a listing of the officers and directors
of MEMX can be found in Exhibit J. The governing documents for MEMX
Holdings and MEMX SubCo LLC can be found in Exhibit C to MEMX's Form 1
application. One notable novel governance provision in the LLC
Agreement of MEMX Holdings concerns quorum requirements for the board
of directors that would require the presence of certain named investor-

appointed directors to have a quorum to conduct business.\6\
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    \6\ See Article VIII, Section 8.6 of the Third Amended and
Restated LLC Agreement of MEMX Holdings.
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    With respect to its trading system, the Form 1 application further
provides that MEMX would operate a fully automated electronic trading
platform for the trading of National Market System stocks through
unlisted trading privileges with a continuous automated matching
function. MEMX would not maintain a physical trading floor. Liquidity
would be derived from orders to buy and orders to sell submitted to
MEMX electronically by its registered broker-dealer members from remote
locations. MEMX would have one class of membership open to registered
broker-dealers, and also would allow members to register under MEMX
rules as market makers on MEMX and be subject to certain specified
requirements and obligations set forth in MEMX's proposed rules.
    According to the Applicant, it ``intends for its System to be
relatively simple, without many of the complex order types or
instructions available on other national securities exchanges.'' \7\
While MEMX's proposed rulebook generally conforms to the rules of other
exchanges,\8\ one novel feature of MEMX's proposed trading rules is an
optional feature on random replenishment for reserve orders that would
vary the time intervals of each replenishment.\9\
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    \7\ Form 1, Exhibit E at 16.
    \8\ See, e.g., Rulebook of Cboe EDGX Exchange, Inc., available
at https://cdn.cboe.com/resources/regulation/rule_book/EDGX_Rulebook.pdf.
    \9\ See Proposed MEMX Rule 11.6(k)(1)(A).
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    A more detailed description of the manner of operation of MEMX's
proposed system can be found in Exhibit E to the Applicant's Form 1
application. The proposed rulebook for the proposed exchange can be
found in Exhibit B to MEMX's Form 1 application. A complete set of
forms concerning membership and access can be found in Exhibit F to
MEMX's Form 1 application.
    MEMX's Form 1 application, including all of the Exhibits referenced
above, is available online at www.sec.gov/rules/other.shtml as well as
in the Commission's Public Reference Room. Interested persons are
invited to submit written data, views, and arguments concerning the
Applicant's Form 1, including whether the application is consistent
with the Exchange Act.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 10-237 on the subject line.

Paper Comments

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

All submissions should refer to File Number 10-237. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to MEMX's Form 1 filed with the Commission, and
all written communications relating to the application between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number 10-237 and should be submitted
on or before December 23, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(71)(i).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24180 Filed 11-5-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41349-41350]
[FR Doc No: 2014-16615]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Office of Commercial Space Transportation; Notice of Approval on
a Record of Decision (ROD) for the SpaceX Texas Launch Site, Cameron
County, Texas

AGENCY: The Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of approval of Record of Decision.

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SUMMARY: In accordance with National Environmental Policy Act of 1969,
as amended (NEPA; 42 United States Code 4321 et seq.), Council on
Environmental Quality NEPA implementing regulations (40 Code of Federal
Regulations parts 1500 to 1508), and FAA Order 1050.1E, Change 1,
Environmental Impacts: Policies and Procedures, the FAA is announcing
the availability of the ROD for the SpaceX Texas Launch Site, Cameron
County, Texas. The ROD provides the FAA's final environmental
determination and approval to support the issuance of launch licenses
and/or experimental permits that would allow Space Exploration
Technologies Corp. (SpaceX) to launch the Falcon 9 and Falcon Heavy
orbital vertical launch vehicles and a variety of reusable suborbital
launch vehicles from a launch site on privately owned property in
Cameron County, Texas, as proposed in the Final Environmental Impact
Statement (EIS) published in May 2014.
    The ROD provides a description of the applicant's Proposed Action
and reasonable alternatives, and identifies the FAA's preferred and the
environmentally preferred alternative. It includes a discussion of
environmental impacts associated with the Proposed Action in each
resource area, as analyzed in the Final EIS. The ROD summarizes the
mitigation and enforcement actions that would be made the subject of
the terms and conditions of the launch licenses and/or experimental
permits issued to SpaceX, as well as other conservation and enhancement
measures described in the Final EIS and presented for consideration.
    The Final EIS, prepared by the FAA for the SpaceX Texas Launch
Site, serves as the primary reference and basis for preparation of the
ROD. The Final EIS documents the analysis of environmental consequences
associated with the construction and operation of the SpaceX Texas
Launch Site and the No Action Alternative. The FAA is the lead Federal
agency responsible for preparation of the EIS and ROD. Cooperating
agencies include the National Aeronautics and Space Administration,
National Park Service (NPS), U.S. Army White Sands Missile Range, and
U.S. Army Corps of Engineers (USACE). The EIS and ROD were prepared
pursuant to the requirements of NEPA, the CEQ Regulations for
Implementing the Procedural Provisions of NEPA, and FAA Order 1050.1E,
Change 1, Environmental Impacts: Policies and Procedures.
    The FAA has posted the ROD on the FAA Web site at http://www.faa.gov/about/office_org/headquarters_offices/ast/environmental/nepa_docs/review/documents_progress/spacex_texas_launch_site_environmental_impact_statement/.

FOR FURTHER INFORMATION CONTACT: Stacey M. Zee, Environmental
Specialist, Federal Aviation Administration, 800 Independence Ave. SW.,
Suite 325, Washington, DC 20591; email<EMAIL_ADDRESS>or phone
(202) 267-9305.

SUPPLEMENTARY INFORMATION: Under the Proposed Action, which is the
FAA's preferred alternative, the FAA would issue launch licenses and/or
experimental permits to SpaceX that would allow SpaceX to conduct
launches of the Falcon 9 and Falcon Heavy orbital vertical launch
vehicles, and a variety of reusable suborbital launch vehicles, from an
exclusive-use launch site on privately owned property in Cameron
County, Texas. The site (including the control center area and vertical
launch area) consists of up to four parcels totaling 68.9 acres of land
near the terminus of State Highway 4 (Boca Chica Boulevard), adjacent
to the village of Boca Chica. The site is in a sparsely populated
coastal area on the Gulf of Mexico, approximately 3 miles north of the
U.S./Mexico border, 17 miles east-northeast of the Brownsville/South
Padre Island International Airport, and 5 miles south of South Padre
Island.
    Proposed launch operations would consist of up to 12 commercial
launch operations per year, including launches of the Falcon 9, a
maximum of two Falcon Heavy launches, and/or associated mission
rehearsals and static fire engine tests, through 2025.
    Falcon 9 and Falcon Heavy launches would have commercial payloads,
including satellites or experimental payloads, and may carry a capsule,
such as the SpaceX Dragon capsule. The Falcon 9 and Falcon Heavy use
liquid fuels including liquid oxygen and rocket propellant-1. Within
the 12 launch operations per year, SpaceX may elect to have permitted
launches of smaller reusable suborbital launch vehicles from this
proposed site. A reusable suborbital launch vehicle could consist of a
Falcon 9 Stage 1 tank. All launch trajectories would be to the east
over the Gulf of Mexico. The majority of launches would be conducted
between the hours of 7:00 a.m. and 7:00 p.m. However, there could be
one nighttime launch per year.
    In addition, the Proposed Action includes construction of
facilities needed to support launch activities at the proposed launch
site. SpaceX would construct a vertical launch area and a control
center area. The control center area would be approximately 2 miles
west of the vertical launch area and could consist of up to three
parcels. All facilities would be constructed through private funding,
on currently undeveloped, privately-owned property

that would be purchased or leased by SpaceX. In addition, a new
underground utility line would be installed in the right-of-way of
State Highway 4 from the control center area to the vertical launch
area.
    The FAA identified a range of reasonable alternatives; however, the
alternatives identified that did not meet the purpose and need as well
as those that were not technically, operationally, or economically
prudent or feasible were excluded from detailed consideration in the
Final EIS. The Final EIS provides a detailed evaluation of the Proposed
Action (Preferred Alternative) and the No Action Alternative. Under the
No Action Alternative, the FAA would not issue launch licenses and/or
experimental permits to SpaceX for launch operations from the private
site in Cameron County, Texas. Thus, SpaceX would not construct the
proposed control center and vertical launch areas.
    Resource areas were considered to provide a context for
understanding and assessing the potential environmental effects of the
Proposed Action, with attention focused on key issues. The resource
areas considered included Compatible Land Use (including Farmlands and
Coastal Resources); Section 4(f) Properties; Noise; Light Emissions and
Visual Impacts; Historical, Architectural, Archaeological, and Cultural
resources; Air Quality; Water Resources (including Surface Waters,
Groundwater, Wetlands, Floodplains, and Wild and Scenic Rivers);
Biological Resources (Fish, Wildlife, and Plants); Hazardous Materials,
Pollution Prevention, and Solid Waste; Socioeconomics, Environmental
Justice, and Children's Environmental Health and Safety Risks; and
Natural Resources and Energy Supply.
    As stated in the ROD and supported by the Final EIS, the No Action
Alternative is not consistent with the purpose and need for action,
including the FAA's statutory direction from Congress under the
Commercial Space Launch Act to encourage, facilitate, and promote
commercial space launch and reentry activities by the private sector in
order to strengthen and expand U.S. space transportation
infrastructure. The Preferred Alternative, the applicant's Proposed
Action, would allow the greatest development and growth of the U.S.
commercial space launch industry. Adoption of this alternative will
result in the construction and operation of a private launch site that
is consistent with the purpose and need for the Proposed Action, while
at the same time avoiding, minimizing, and mitigating the harm to the
environment. Therefore, the FAA has selected the Preferred Alternative.

    Issued in Washington, DC, on July 9, 2014.
Daniel Murray,
Manager, Space Transportation Development Division.
[FR Doc. 2014-16615 Filed 7-14-14; 8:45 am]
BILLING CODE P


[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Notices]
[Page 40445-40446]
[DOCID:fr14jy08-153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Burlington International Airport, South Burlington VT; FAA
Approval of Noise Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Burlington VT under the provisions of Title I of the Aviation Safety
and Noise Abatement Act of 1979 (Pub. L. 96-193)

and 14 CFR Part 150. These findings are made in recognition of the
description of federal and non-federal responsibilities in Senate
Report No. 96-52 (1980). On June 23, 2008, the Airports Division
Manager approved the Burlington International Airport noise
compatibility program. All of the proposed program elements were
approved.

DATES: Effective Date: The effective date of the FAA's approval of the
Burlington International Airport noise compatibility program is June
23, 2008.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, 12 New England
Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238-
7613.
    Documents reflecting this FAA action may be obtained from the same
individual.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Burlington International Airport noise
compatibility program, effective June 23, 2008.
    Under Section 104(a) of the Aviation Safety and Noise Abatement Act
of 1979 (hereinafter the Act), an airport operator who has previously
submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps.
    The Act requires such programs to be developed in consultation with
interested and affected parties including local communities, government
agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with Federal Aviation Regulation (FAR), Part 150 is a local program,
not a federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act, and is limited to the following
determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of FAR Part 150;
    (b) Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    (c) Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the federal government; and
    (d) Program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator as
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, Section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, state, or local law. Approval does not by
itself constitute a FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action.
    Approval does not constitute a commitment by the FAA to financially
assist in the implementation of the program nor a determination that
all measures covered by the program are eligible for grant-in-aid
funding from the FAA under the Airport and Airway Improvement Act of
1982. Where Federal funding is sought, requests for project grants must
be submitted to the FAA Regional Office in Burlington, Massachusetts.
    The Burlington International Airport study contains a proposed
noise compatibility program comprised of actions designed for
implementation by airport management and adjacent jurisdictions from
the date of study completion to beyond the year 2011. The Burlington
International Airport, Burlington VT requested that the FAA evaluate
and approve this material as a noise compatibility program as described
in Section 104(b) of the Act. The FAA began its review of the program
on April 23, 2008, and was required by a provision of the Act to
approve or disapprove the program within 180 days (other than the use
of new flight procedures for noise control). Failure to approve or
disapprove such a program within the 180-day period shall be deemed to
be an approval of such a program.
    The submitted program contained 1 proposed action for noise
mitigation. The FAA completed its review and determined that the
procedural and substantive requirements of the Act and FAR Part 150
have been satisfied. The Airports Division Manager therefore approved
the program effective June 23, 2008.
    One new administrative program measure was under consideration and
it was approved. Residences within the 70dB DNL noise contour were
eligible for land acquisition under the prior Plan, and that
eligibility will now be extended to residences within the 65dB DNL
contour. Various noise abatement and land use measures from the 1989
Noise Compatibility Plan were restated in this Record of Approval, so
that all measures now in effect would be documented in the most recent
Record of Approval.
    FAA's determinations are set forth in detail in a Record of
Approval endorsed by the Airports Division Manager on June 23, 2008.
The Record of Approval, as well as other evaluation materials and the
documents comprising the submittal, are available for review at the FAA
office listed above and at the administrative offices of Burlington
International Airport, South Burlington VT.

    Issued in Burlington, Massachusetts on June 23, 2008.
LaVerne F. Reid,
Manager, Airports Division, FAA New England Region.
[FR Doc. E8-16038 Filed 7-11-08; 8:45 am]

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