[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Proposed Rules]
[Pages 15306-15308]
[FR Doc No: 2017-05993]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-6751; Airspace Docket No. 15-AWP-18]

Proposed Amendment of Class E Airspace; Arcata, CA; Fortuna, CA;
and Establishment of Class E Airspace; Arcata, CA, and Eureka, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E surface area airspace,
modify Class E airspace extending upward from 700 feet, and establish
Class E airspace designated as an extension at Arcata Airport, Arcata,
CA. The action also proposes to modify Class E airspace extending
upward from 700 feet at Rohnerville Airport, Fortuna, CA, and establish
stand-alone Class E airspace extending upward from 700 feet at Murray
Field Airport, Eureka, CA, to accommodate airspace redesign for the
safety and management of Instrument Flight Rules (IFR) operations
within the National Airspace System. Additionally, this proposal would
update the geographic coordinates of these airports.

DATES: Comments must be received on or before May 12, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2015-6751; Airspace Docket No. 15-AWP-18, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Arcata Airport, Arcata, CA, and
Rohnerville Airport, Fortuna, CA, and would establish Class E airspace
at Murray Field, Eureka, CA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-6751/
Airspace Docket No. 15-AWP-18''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the

ADDRESSES section for the address and phone number) between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except federal holidays. An
informal docket may also be examined during normal business hours at
the Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Center,
Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E surface area airspace
at Arcata Airport, Arcata, CA, and Rohnerville Airport, Fortuna, CA,
and establishing Class E airspace designated as an extension at Arcata
Airport. Also, stand-alone Class E airspace extending upward from 700
feet above the surface would be established at Murray Field Airport,
Eureka, CA. This proposed airspace redesign is necessary for the safety
and management of IFR operations at these airports, and for efficiency
within the National Airspace System.
    At Arcata Airport, Arcata, CA, Class E surface area airspace would
be expanded by 0.1 miles to within 4.1 miles of the airport, and the
Abeta NDB would be removed from the description as it was
decommissioned and no longer needed; Class E airspace designated as an
extension to a Class D or Class E surface area would be established
within 2.9 miles each side of the 153 degree bearing from the Arcata
Airport extending from the 4.1-mile radius to 10.5 miles southeast of
the airport. Class E airspace extending upward from 700 feet above the
surface would be reduced to within a 7-mile radius of the airport, with
a segment 4.2 miles wide (2.1 miles each side of the 153 degree
bearing) extending from the 7-mile radius of the airport to 14.1 miles
southeast of the airport. Class E airspace upward from 1,200 feet above
the surface would be removed, since this airspace is wholly contained
within the Rogue Valley Class E en route airspace area.
    At Eureka, CA, this proposal would establish a designated stand-
alone Class E airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Murray Field Airport with a segment 6.3
miles wide extending to 23 miles southwest of the airport. This
airspace area would specifically support IFR operations at Eureka, CA,
and would be unaffected by any proposed changes that would occur at any
other airport.
    At Fortuna, CA, this proposal would reduce Class E airspace
extending upward from 700 feet above the surface to within a 2.7-mile
radius (from a 6.5-mile radius) of Rohnerville Airport, with segments
extending 7 miles northwest, 5.2 miles west, and 6.1 miles southeast of
the airport. Class E airspace upward from 1,200 feet above the surface
would be removed since this airspace is wholly contained within the
Rogue Valley Class E en route airspace area.
    Class E airspace designations are published in paragraph 6002,
6004, and 6005, respectively, of FAA Order 7400.11A, dated August 3,
2016, and effective September 15, 2016, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA E2 Arcata, CA [Modified]

Arcata Airport, CA
    (Lat. 40[deg]58'40'' N., long. 124[deg]06'31'' W.)

    That airspace within a 4.1-mile radius of Arcata Airport.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D or Class E Surface Area.

* * * * *

AWP CA E4 Arcata, CA [New]

Arcata Airport, CA
    (Lat. 40[deg]58'40'' N., long. 124[deg]06'31'' W.)

    That airspace extending upward from the surface within 2.9 miles
each side of the 153[deg] bearing from the Arcata Airport extending
from the 4.1-mile radius to 10.5 miles southeast of the airport.

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

* * * * *

AWP CA E5 Arcata, CA [Modified]

Arcata Airport, CA
    (Lat. 40[deg]58'40'' N., long. 124[deg]06'31'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Arcata Airport, and within 2.1 miles
each side of the 153[deg] bearing from the airport extending from
the 7-mile radius to 14.1 miles southeast of the airport.

AWP CA E5 Eureka, CA [New]

Murray Field Airport, CA
    (Lat. 40[deg]48'12'' N., long. 124[deg]06'46'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Murray Field Airport, and within 6.3
miles east of the Murray Field Airport 217[deg] bearing extending
from the 6.3-mile radius to 23 miles southwest of the airport.

AWP CA E5 Fortuna, CA [Modified]

Rohnerville Airport, CA
    (Lat. 40[deg]33'14'' N., long. 124[deg]07'58'' W.)

    That airspace extending upward from 700 feet above the surface
within a 2.7 mile radius of Rohnerville Airport, and within 1.8
miles each side of the 326[deg] bearing from the airport extending
from the 2.7 mile radius to 7 miles northwest of the airport, and
within 1.1-miles each side of the 307[deg] bearing from the airport
extending from the 2.7 mile radius to 5.2 miles west of the airport,
and within 1.1-miles each side of the 113[deg] bearing from the
airport extending from the 2.7 mile radius to 6.1 miles southeast of
the airport.

    Issued in Seattle, Washington, on March 13, 2017.
Mindy Wright,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-05993 Filed 3-27-17; 8:45 am]
 BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

HUMAN STUDIES REVIEW BOARD (HSRB)

PUBLIC TELECONFERENCE/WEBINAR

 MEETING AGENDA

Wednesday, March 28, 2012

2:00 pm - 4:00 pm (Eastern Time)*

HSRB MEETING FOR REVIEW AND APPROVAL OF THE

DRAFT JANUARY 26, 2012 HSRB MEETING FINAL REPORT

HSRB WEB SITE http://www.epa.gov/osa/hsrb/

Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA–HQ–ORD–2012–0175

Meeting location via telephone/Internet only

Dial in number<PHONE_NUMBER>; conference code<PHONE_NUMBER>

https://epa.connectsolutions.com/hsrbtele

2:00 PM	Convene Meeting and Identification of Board Members – Jim
Downing (Designated Federal Officer, EPA HSRB, OSA)

2:10 PM*	Meeting Administrative Procedures – Jim Downing, DFO

2:15 PM	Meeting Process – Sean Philpott, Ph.D. (HSRB Chair)

2:20 PM	Public Comments

2:30 PM	Board Discussion and Decision on Final Report – Sean Philpott,
Ph.D. (HSRB Chair)

The Board’s response to EPA charge questions presented at the January
26, 2012 meeting.

A new scenario design and associated protocol from the Agricultural
Handler Exposure Task Force (AHETF) describing proposed research to
measure dermal and inhalation exposure to workers who mix, load, and
apply liquid pesticides with powered handgun equipment.

Charge to the Board - Science

Is the research likely to generate scientifically reliable data, useful
for assessing the exposure of workers mixing, loading, and applying
pesticides in managed horticultural facilities using powered handgun
equipment?

Charge to the Board - Ethics:

Is the research likely to meet the applicable requirements of 40 CFR
part 26, subparts K and L?

A completed scenario monograph and study report from the Antimicrobial
Exposure Assessment Task Force II (AEATF) in which the dermal and
inhalation exposure of professional janitorial workers was monitored as
they applied a liquid antimicrobial pesticide product for indoor surface
disinfecting using a pressurized aerosol can.

Charge to the Board:

Was the research reported in the Antimicrobial Exposure Assessment Task
Force II (AEATF) completed aerosol study report faithful to the design
and objectives of the protocol and governing documents of AEATF?

Has EPA adequately characterized, from a scientific perspective, the
limitations on these data that should be considered when using the data
in estimating the exposure of professional janitorial workers who apply
liquid antimicrobial pesticide products to indoor surfaces using
pressurized aerosol cans?

Charge to the Board - Ethics:

Does available information support a determination that the study was
conducted in substantial compliance with subparts K and L of 40 CFR Part
26?

A completed Carroll-Loye Biological Research, Inc. (CLBR) study (No Mas
003) to evaluate the field repellent efficacy against mosquitoes of a
product containing 16% para-methane-3,8-diol and 2% lemongrass oil.

Charge to the Board:

Is the CLBR completed study No Mas 003 sufficiently sound, from a
scientific perspective, to be used to estimate the duration of complete
protection against mosquitoes provided by the tested repellent?

Does available information support a determination that the study No Mas
003 was conducted in substantial compliance with 40 CFR Part 26,
subparts K and L?

3:55 PM*	Summary and Next Steps – Sean Philpott, Ph.D. (HSRB Chair)
and Jim Downing (DFO)

4:00 PM* 	Adjournment

*Note that agenda times are approximate. For further information, please
contact the Designated Federal Officer for this meeting, Jim Downing via
telephone:<PHONE_NUMBER> or email:   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>


                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                                   	Issued by the Department of
Transportation on October 7, 2003

		       NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16125

________________________________________________________________________
_________________________________

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

Application of      Northwest Airlines, Inc.       filed    9/9/03
for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Between any point or points in the United States and Riga, Latvia, via
Amsterdam, and to integrate this authority with its existing certificate
and exemption authority.  Northwest intends to operate this service
under a code-share arrangement with KLM Royal Dutch Airlines (KLM).

Applicant rep:    Megan Rosia<PHONE_NUMBER>      DOT Analyst:  Sylvia
Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   November 7, 2003,   through
   November 7, 2005

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the overall state of
aviation relations between the United States and Latvia.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:     XX  Holder’s
Certificates of Public Convenience and Necessity

	      XX  Standard Exemption Conditions (attached)

                     XX  Statement of Authorization approving
Northwest/KLM operations, dated

               November 5, 1999, and conditions therein

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Northwest rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Northwest notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Northwest’s authority by virtue of the route integration
exemption granted here, but that are not then being used by Northwest,
the holding of such authority by route integration will not be
considered as providing any preference for Northwest in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

(See Reverse Side)

2

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

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

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

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

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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

									       08/2003


[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Notices]
[Page 36202-36204]
[DOCID:fr22jy09-66]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0365; FRL-8425-4]

Azinphos-methyl; Notice of Receipt of Request for Label
Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is seeking public comment on a June 18, 2009 request by
azinphos-methyl (AZM) registrants to amend their registrations to
change the rate reductions outlined in the November 16, 2006 final
decision for some of the remaining uses of AZM, and to extend the use
of aerial application on blueberries in Michigan through the end of the
AZM phase out in 2012. On November 16, 2006, EPA issued a final
decision to phase out all uses of AZM not later than September 30, 2012
and to require certain interim risk mitigation measures through label
changes. Risk mitigation measures in the final decision include buffer
zones around water bodies and occupied structures, application rate
reductions, and stewardship programs. The request by the registrants is
a request to change some of the rate reductions and certain application
practices that have been required through the end of the AZM phaseout;
the registrants have not requested to extend the use of AZM beyond the
September 30, 2012 cancellation date for the remaining uses of AZM.

DATES: Comments must be received on or before September 21, 2009.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number EPA-HQ-OPP-2009-0365, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number EPA-HQ-
OPP-2009-0365. EPA's policy is that all comments received will be
included in the docket without change and may be made available on-line
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 regulations.gov or e-
mail. The regulations.gov website 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Chemical Review Manager,
Special Review and Reregistration Division (7508P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests for AZM Label Amendments

    AZM is an organophosphate insecticide that was first registered in
the United States in 1959. On November 16, 2006, EPA issued a
determination that due to farm worker and ecological risks all
remaining uses of AZM will be phased out by 2012. The AZM registrants,
at the request of EPA, submitted registration amendment and voluntary
cancellation requests to terminate certain uses in 2007 and 2009 and
cancel all remaining AZM product registrations in 2012, subject to
certain terms and conditions. A cancellation order for the remaining
uses of AZM was published in the Federal Register on February 20, 2008
(73 FR 9328) (FRL-8349-8). A correction of typographical errors in the
February 20, 2008 Federal Register notice was issued on March 26, 2008
(73 FR 16006) (FRL-8355-1). Subject to the terms and conditions
described in Unit II. of the February 20, 2008 notice, the AZM product
registrations were cancelled and amended as follows: Use of AZM
products on Brussels sprouts and nursery stock was prohibited as of
September 30, 2008. Use of AZM products on walnuts, almonds, and
pistachios is prohibited effective October 30, 2009. All AZM products
currently held by registrants are cancelled effective September 30,
2012 (ending use on apples/crabapples, blueberries, cherries, pears,
and parsley). In addition to the aforementioned use deletions and
product cancellations, the use of AZM was increasingly limited during
the phase out period through application rate reductions and other
label restrictions, including buffer zones around water bodies and
occupied structures. The application rate reductions required in the
AZM Final Decision document are located in Table 1.

 Table 1.--Rate Reductions Required in the AZM Final Decision Document,
                        dated November 16, 2006.

------------------------------------------------------------------------
              Crop                       Year                Rate
------------------------------------------------------------------------
Apples, Crabapples                2007                4.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2008, 2009          3.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2010                2.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2011, 2012          1.5 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Pears                             2007, 2008          3.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2009, 2010          2.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2011, 2012          1.5 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Cherries                          2007, 2008, 2009    1.5 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2010, 2011, 2012    0.75 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Blueberries                       2007                1.5 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2008, 2009          1.25 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                  2010, 2011, 2012    0.75 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                      After September 30, 2009 aerial
                                       application on blueberries is
                                                prohibited.
------------------------------------------------------------------------

    The additional label changes required are described in the document
``Final Decisions for the Remaining Uses of Azinphos-methyl, US EPA,
November 16, 2006,'' located in docket EPA-HQ-OPP-2005-0061.

III. What Action is the Agency Taking?

     This notice announces receipt by EPA of a request from registrants
to amend registrations to alter the rate reductions outlined in the
November 16, 2006 Final Decision for the Remaining Uses of AZM, and to
extend the use of aerial application on blueberries in Michigan through
the end of the AZM phase out. The registrants have requested that for
apples/crabapples, blueberries, cherries, and pears that growers be
allowed to use higher applications rates than originally required in
the Final Decision document of November 16, 2006. Additionally,
registrants have requested that the aerial use of AZM on blueberries,
currently scheduled to be prohibited starting January 1, 2010, be
allowed through the end of the phaseout (September 30, 2012). The
request by the registrants would change some of the rate reductions and
certain application practices that have been required through the end
of the AZM phaseout; the registrants have not requested to extend use
of AZM beyond the September 30, 2012 cancellation date for the
remaining uses of AZM. The changes requested by the registrants are
listed in the Table 2.

 Table 2.--Requested AZM Label Changes as Described in the June 18, 2009
                          Registrant Submission
------------------------------------------------------------------------
              Crop                       Year                Rate
------------------------------------------------------------------------
Apples, Crabapples                2010, 2011, 2012    2.0 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Pears                             2010, 2011, 2012    2.0 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Cherries                          2010, 2011, 2012    1.5 lbs ai/A per
                                                       year
------------------------------------------------------------------------
Blueberries                       2010, 2011, 2012    1.0 lbs ai/A per
                                                       year
                                 ---------------------------------------
                                      Maintain aerial application on
                                     blueberries through September 30,
                                                   2012.
------------------------------------------------------------------------

    The Agency is requesting comment on the registrant submission to
amend registrations. The registrant request letter is in the docket for
comment, along with an EPA-produced document with considerations for
commenters on the registrant request. The Agency welcomes comments from
all stakeholders, as well as any new information on human health or
environmental risks not previously considered.

List of Subjects

    Environmental protection, Pesticides and pests, Azinphos-methyl.

    Dated: July 15, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-17398 Filed 7-21-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30350-30351]
[FR Doc No: 2012-12375]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2012-0547]

Airport Improvement Program (AIP) Use of Mineral Revenue at
Certain Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of guidance; opportunity to comment.

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

SUMMARY: On February 14, 2012, the FAA Modernization and Reform Act of
2012 (FMRA) was signed into law (Pub. L. 112-95). Section 813 permits
the Administrator of the Federal Aviation Administration (FAA) to
declare certain revenue derived from or generated by mineral
extraction, production, lease, or other means at a general aviation
airport to be revenue greater than the amount needed to carry out the
five-year projected maintenance needs of the airport in order to comply
with the applicable design and safety standards of the Administration.
Although the FMRA directed the FAA to promulgate regulations to carry
out Section 813 not later than 90 days after the date of enactment, the
authorizing committees agreed to support the FAA's request to issue
guidance in lieu of a formal rulemaking due to the time limits imposed
by the statute. This notice contains the FAA's proposed guidance
developed to carry out Section 813 and offers the public an opportunity
to comment.

DATES: The effective date of this guidance is May 22, 2012. The FAA
will consider comments on this guidance. If necessary, any appropriate
revisions resulting from the comments received will be adopted as of
the date of a subsequent publication in the Federal Register. Comments
must be submitted on or before June 21, 2012.

ADDRESSES: You may send comments [identified by Docket Number FAA-2012-
0547] using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200

New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Randall S. Fiertz, Director, Office of
Airport Compliance and Management Analysis, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591,
telephone<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial
assistance for airport planning, airport development, noise
compatibility planning or noise mitigation under 49 U.S.C., as amended
must agree to comply with certain assurances. These assurances include
certain prohibitions on the use of airport revenue. On April 13, 2012,
the FAA published modifications to this assurance at 77 FR 22376.
Specifically, paragraph (a)(3) of Sponsor Assurance 25 permits the FAA
to exempt certain revenue derived from or generated by mineral
extraction, production, lease, or other means at a general aviation
airport (as defined at Section 47102 of title 49 United States Code),
if the FAA determines the airport sponsor meets the requirements set
forth in Section 813 of Public Law 112-95.
    A complete list of the current grant assurances can be viewed at:
http://www.faa.gov/airports/aip/grant_assurances/.

Guidance Developed To Carry Out Section 813 of Public Law 112-95

    Airport Sponsor Actions: Airport sponsors seeking to exempt mineral
revenue under Section 813 of Public Law 112-95 must submit a sponsor
application. The application must include:
     A statutorily mandated five year capital improvement
program, as set forth in FAA's Compliance Guidance Letter 2012-01 and
Appendix B-1;
     An executed agreement including clauses pertaining to the
sponsor's liability, funding waiver, revenue use, and airport use, as
set forth in FAA's Compliance Guidance Letter 2012-01 and Appendix C-1;
     A statement with details identifying eligible projects and
providing the necessary documentation to meet the thresholds set by
statute for the use of the exempted revenue, as set forth in FAA's
Compliance Guidance Letter 2012-01 and Appendix D-1 and Table D;
    FAA's Compliance Guidance Letter 2012-01 and applicable appendices
may be found at: http://www.faa.gov/airports/airport_compliance/mineral_revenue.
    FAA Actions: FAA and, where applicable, block grant state personnel
will begin working with airport sponsors interested in and eligible for
the exemption prescribed under Section 813 of Public Law 112-95 to
develop a proposed five-year capital improvement program inclusive of
the items identified in the sponsor submission application, as set
forth in FAA's Compliance Guidance Letter 2012-01 and Appendix B-1. At
such time when the airport sponsor submits its application, the local
FAA office will ensure the proposed five-year capital improvement
program meets the statutorily mandated requirements. The local FAA
office also will ensure the airport sponsor's application includes the
required agreements and conditions. The local FAA office will forward
the sponsor's application to the appropriate regional FAA office. The
regional FAA office will notify the airport sponsor if the
``application and requisite supporting documentation'' meet the
statutory requirements. This notice commences FAA's 90-day clock to
provide a determination on revenue exemption under this provision.
    For more details regarding FAA's internal procedures, see FAA's
Compliance Guidance Letter 2012-01 and appendices, which may be found
at: http://www.faa.gov/airports/airport_compliance/mineral_revenue.

    Issued in Washington, DC, on May 16, 2012.
Randall S. Fiertz,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2012-12375 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Proposed Rules]
[Pages 24265-24266]
[FR Doc No: 2017-10555]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-0230; Airspace Docket No. 17-ASO-8]

Proposed Amendment of Class D and Class E Airspace, New Bern, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D and Class E airspace at
Coastal Carolina Regional Airport (formally Craven County Regional
Airport), New Bern, NC. The Notice to Airmen (NOTAM) part-time status
would be removed from Class E airspace designated as an extension, as
well as the segment using the New Bern VHF Omnidirectional Range/
Distance Measuring Equipment (VOR/DME) navigation aid used to describe
the northeast and southwest extensions to the airport. Controlled
airspace is necessary for the safety and management of instrument
flight rules (IFR) operations at the airport. This action also would
update the geographic coordinates of the airport, update the airport's
name, and make an editorial change replacing Airport/Facility Directory
with the term Chart Supplement in the legal descriptions of associated
Class D and E airspace.

DATES: Comments must be received on or before July 10, 2017.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg. Ground Floor, Rm. W12-140, Washington, DC 20590; Telephone: 1-
800-647-5527, or<PHONE_NUMBER>. You must identify the Docket No. FAA-
2016-0230; Airspace Docket No. 17-ASO-8, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington DC, 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA Order 7400.11, Airspace Designations and
Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class D airspace, Class E surface area airspace,
Class E airspace designated as an extension, and Class E airspace
extending upward from 700 feet above the surface, at Coastal Carolina
Regional Airport, New Bern, NC.

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers and be submitted
in triplicate to the address listed above. You may also submit comments
through the Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2016-0230; Airspace Docket No. 17-ASO-8.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
Holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except Federal Holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, Georgia 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document.
    FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) Part 71 to amend Class D airspace, Class E surface
area airspace, Class E airspace designated as an extension to a Class D
surface area, and Class E airspace extending upward from 700 feet or
more above the surface

at Coastal Carolina Regional Airport (formerly Craven County Regional
Airport), New Bern, NC. The NOTAM part-time status would be removed
from the Class E airspace area designated as an extension to a Class D
surface area.
    Class E airspace extending upward from 700 feet above the surface
would be amended to within a 7-mile radius (from a 6.5-mile radius) of
the airport. The New Bern VOR/DME would be removed from the description
as it is no longer needed to describe the boundaries of the airport.
    For the associated Class D and E airspace areas, the geographic
coordinates of the airport would be adjusted to coincide with the FAAs
aeronautical database, and the airport name would be changed from
Craven County Regional Airport to Coastal Carolina Regional Airport.
    Also, this action would replace the outdated term Airport/Facility
Directory with the term Chart Supplement in the associated Class D and
E airspace legal descriptions.
    Class D and Class E airspace designations are published in
Paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11A, dated August 3, 2016, and effective September 15, 2016, which
is incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11A, Airspace Designations and Reporting
Points, dated August 3, 2016, effective September 15, 2016, is amended
as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D New Bern, NC [Amended]

Coastal Carolina Regional Airport, NC
    (Lat. 35[deg]04'22'' N., long. 77[deg]02'35'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4-mile radius of Coastal Carolina Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

ASO NC E2 New Bern, NC [Amended]

Coastal Carolina Regional Airport, NC
    (Lat. 35[deg]04'22'' N., long. 77[deg]02'35'' W.)

    Within a 4-mile radius of Coastal Carolina Regional Airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO NC E4 New Bern, NC [Amended]

Coastal Carolina Regional Airport, NC
    (Lat. 35[deg]04'22'' N., long. 77[deg]02'35'' W.)
New Bern VOR/DME
    (Lat. 35[deg]04'23'' N., long. 77[deg]02'42'' W.)

    That airspace extending upward from the surface within 2.4 miles
each side of the New Bern VOR/DME 038[deg] and 210[deg] radials,
extending from the 4-mile radius to 7 miles northeast and southwest
of the VOR/DME.

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

* * * * *

ASO AL E5 New Bern, NC [Amended]

Coastal Carolina Regional Airport, NC
    (Lat. 35[deg]04'22'' N., long. 77[deg]02'35'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Coastal Carolina Regional Airport.

    Issued in College Park, Georgia, on May 12, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-10555 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36934-36936]
[DOCID:fr30jn08-127]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58003; File No. SR-OCC-2008-11]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change Relating to Range Options

June 23, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on June 2, 2008, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change described in Items
I, II, and III below, which items have been prepared primarily by OCC.
The Commission is publishing this notice and order to solicit comments
from interested persons and to grant approval of the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The proposed rule change would permit OCC to clear and settle range
options proposed to be listed by the Chicago Board Options Exchange,
Incorporated (``CBOE'').

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

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

    The purpose of this rule change is to permit OCC to clear and
settle range options proposed to be listed by CBOE.\3\ General
characteristics of range options are described below, followed by an
explanation of the specific rule changes being proposed to clear them.
---------------------------------------------------------------------------

    \3\ File No. SR-CBOE-2007-104. The Commission recently issued an
order granting approval of SR-CBOE-2007-104 that allows CBOE to list
and trade range options. Securities Exchange Act Release No. 57376
(February 25, 2008), 73 FR 11689 (March 4, 2008).
---------------------------------------------------------------------------

Description of Range Options
    Range options are European-style, cash-settled options that have a
payout if the underlying interest value falls within a specific range
of values (i.e. , the ``range length'') at expiration. Range options
may be listed on any index eligible for options trading on the listing
exchange.
    At the time a series of range options is opened for trading, the
listing exchange will specify the range length. The exchange will also
specify the ``range interval,'' which is a value (e.g., 10 index
points) used to divide the range length into three segments, the ``low
range,'' ``middle range'' and ``high range.'' The low range starts from
the lower value end of the range length and ends at the position on the
range length where the value is one range interval higher. The high
range is a segment of equal length located at the higher value end of
the range length. The middle range is the segment of values between the
low range and the high range.
    Expiration months for range options would be equivalent to those
for options on the same underlying index. The expiration date for a
series of range options would be the same as for conventional index
options. At expiration, range options would be in the money if the
underlying interest value fell anywhere within the range length;
otherwise the options would be out of the money.
    Range options are similar in some respects to binary options.\4\
Unlike binary options, however, range options would be of a single type
rather than consisting of a put class and a call class. Moreover, the
payout structure of range options would not be ``all or nothing''
throughout the range length. Rather, the payout amount (i.e., the
``exercise settlement amount'') would vary depending on where the
underlying

interest value falls within the range length. At the time a series of
range options is opened for trading, the listing exchange will set a
``maximum range exercise value'' and a ``contract multiplier,'' the
product of which would be the maximum exercise settlement amount for
that series. This maximum exercise settlement amount would be payable
if the underlying interest value fell anywhere within the middle range.
If the underlying interest value fell within the low range, the
exercise settlement amount would, in accordance with applicable
exchange rules, increase from zero to the maximum exercise settlement
amount as the underlying interest value increased within the low range.
Finally, if the underlying interest value fell within the high range,
the exercise settlement amount would, in accordance with applicable
exchange rules, decrease from the maximum exercise settlement amount to
zero as the value of the underlying index decreased within the high
range. Range options are subject to the ``exercise-by-exception''
expiration date exercise procedures set forth in applicable OCC Rules.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 56875 (November 30,
2007), 72 FR 69274 (December 7 2007) [SR-OCC-2007-08].
---------------------------------------------------------------------------

By-Law and Rule Amendments Applicable to Range Options
1. Terminology--Article I, Section 1 and Article XIV, Section 1
    OCC proposes to define ``range option'' in Article XIV, Section 1
of the By-Laws and to cross-reference the definition in Article I of
the By-Laws. OCC also proposes to add ``range length,'' ``range
interval,'' ``high range,'' ``middle range,'' and ``low range'' as new
defined terms in Article XIV, Section 1.
    OCC proposes to amend the definitions of ``option contract'' and
``type of option'' in Article I of the By-Laws to include range
options.\5\
---------------------------------------------------------------------------

    \5\ OCC further proposes to remove a provision from the
definition of ``option contract'' which provided that classes of
fund shares as designated by OCC would be treated as non-equity
securities for purposes of Article VIII and Chapters VI and X of the
Rules. Such provision is no longer necessary because STANS, OCC's
margin system, covers both equity and non-equity securities.
Securities Exchange Act Release No. 53322 (February 15, 2006), 71 FR
9403 (February 23, 2006) [SR-OCC-2004-20].
---------------------------------------------------------------------------

    OCC proposes to redefine the term ``class'' in Article XIV, Section
1 so that it will apply to range options. To be within the same class,
range options must cover the same underlying interest.
    In respect of range options, OCC proposes to replace the definition
of ``exercise price'' in Article I with a revised definition in Article
XIV, Section 1 which clarifies that the exercise price for a series of
range options is the range length. The exercise price (i.e., range
length) of a range option is not, as defined in Article I, an amount
that is paid in exchange for an underlying interest; rather, it is used
to determine whether such option is in the money and the exercise
settlement amount upon exercise.
    OCC proposes to redefine the term ``exercise settlement amount'' in
Article XIV, Section 1 so that it will apply to range options. When
used in respect of range options, exercise settlement amount means the
amount of cash to be paid to the holder of an in-the-money option upon
exercise. As described above, the exercise settlement amount will be
the function of a maximum range exercise value and a contract
multiplier, and will vary depending on where the underlying interest
value falls within the range length at expiration. The manner in which
the exercise settlement amount varies along the range length is set
forth in applicable listing exchange rules.
    Other defined terms in Article XIV that were created for binary
options are proposed to be modified accordingly so that they will apply
to range options.
2. Terms of Cleared Contracts--Article VI, Section 10(f)
    OCC proposes to add a new paragraph (f) in Article VI Section 10 to
clarify that the listing exchange will specify the variable terms for
each series of range options at or before the time such series is first
opened for trading.
3. General Rights and Obligations--Article XIV, Section 2C
    OCC proposes to add a new Section 2C to Article XIV to define the
general rights and obligations of holders and writers of range options.
As noted above, range options are subject to the exercise-by-exception
procedures set forth in applicable OCC Rules. The holder of an
exercised range option has the right to receive the exercise settlement
amount from OCC and the assigned writer has the obligation to pay that
amount to OCC.
4. Adjustments of Range Options--Article XIV, Section 3A(b);
Unavailability or Inaccuracy of Final Underlying Interest Value--
Article XIV, Section 5; Determination of Final Underlying Interest
Value--Article XIV, Section 6
    Article XIV, Section 3A(b) governs adjustments of binary options
(other than credit default options and credit default basket options)
for which the underlying interest is an index of securities. OCC
believes that such procedures are sufficient to support adjustments of
range options. Therefore, OCC proposes to amend Section 3A(b) so that
it will apply to range options as well. OCC also proposes to amend
Article XIV, Section 5 to give OCC the authority to fix the underlying
interest value for an expiring series of range options, and to rely on
that value for determining whether such options are in the money.
Additional changes are proposed to be made to Section 5 to reflect the
fact that range options are subject to the exercise-by-exception
procedures set forth in Rule 805 and applicable rules in Chapter XV.
Finally, Article XIV, Section 6 is proposed to be amended to provide
that, as with binary options, the underlying interest value of a series
of range options will be determined by the exchange or exchanges on
which such options are traded, subject to any overriding provision of
OCC's By-Laws and Rules. If a series of range options is traded on more
than one exchange, OCC may use the underlying interest value received
from the exchange deemed by OCC to be the principal exchange, or OCC
may employ a procedure to derive a single value based on some or all of
the values received.
    For purposes of deleting surplus words, OCC proposes to delete the
word ``equity'' from Sections 3(A)(b)(2) and 5(a).
5. Exercise and Settlement--Rule 1501A, 1502A and 1503-1505
    Range options will be subject to the exercise-by-exception
procedures applicable to most other options under OCC Rules. Proposed
procedures for exercise of in-the-money range options, as well as
assignment and settlement of exercises (including provisions applicable
to suspended clearing members), are set forth in amended rules and new
rules in Chapter XV.
6. Deposits in Lieu of Margin Prohibited--Rule 1506
    Escrow deposits will be prohibited for range options as well as
binary options.
    The proposed changes to OCC's By-Laws and Rules are consistent with
the purposes and requirements of Section 17A of the Act because they
are designed to promote the prompt and accurate clearance and
settlement of transactions in, including exercises of, range options,
and to foster cooperation and coordination with persons engaged in the
clearance and settlement of such transactions, to remove impediments to
and perfect the mechanism of a national system for the prompt and
accurate

clearance and settlement of such transactions, and, in general, to
protect investors and the public interest. They accomplish this purpose
by applying substantially the same rules and procedures to these
transactions as OCC applies to similar transactions in other cash-
settled options except to the extent that special rules and procedures
are required in order to accommodate unique features of range options.
The proposed rule change is not inconsistent with the existing rules of
OCC, including any rules proposed to be amended.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change, and none have been received.

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

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.\6\ The
purpose of the proposed rule change is to amend OCC's By-Laws and Rules
so that OCC may clear and settle range options. Accordingly, the
proposed rule change should result in the prompt and accurate clearance
and settlement of securities transactions, specifically transactions in
range options.
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    \6\ 15 U.S.C. 7q-1(b)(3)(F).
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    OCC has requested that the Commission approve the proposed rule
prior to the thirtieth day after publication of the notice of filing.
The Commission finds good cause for approving the proposed rule change
prior to the thirtieth day after publication of notice because such
approval will allow CBOE to commence trading of range options without
any unnecessary delay.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2008-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2008-11. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.theocc.com/publications/rules/proposed_changes/sr_
occ_08_11.pdf. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-OCC-
2008-11 and should be submitted on or before July 21, 2008.

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder.\7\
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    \7\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-OCC-2008-11) be and hereby
is approved on an accelerated basis.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-14657 Filed 6-27-08; 8:45 am]

BILLING CODE 8010-01-P