[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Proposed Rules]
[Pages 56935-56936]
[FR Doc No: 2015-23508]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3751; Airspace Docket No. 15-ANM-20]

Proposed Amendment of Class D and Class E Airspace; Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class D airspace, Class E
surface area airspace, and Class E airspace extending upward from 700
feet above the surface at McNary Field, Salem, OR. After further
review, the FAA found some airspace unnecessary for Standard Instrument
Approach Procedures for Instrument Flight Rules (IFR) operations at the
airport.

DATES: Comments must be received on or before November 5, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
3751; Airspace Docket No. 15-ANM-20, at the beginning of your comments.
You may also submit 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. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, 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 and ATC Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 29591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 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 D and Class E airspace at McNary Field, Salem,
OR.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-3751;
Airspace Docket No. 15-ANM-20.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    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.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class D

airspace, Class E surface area airspace, and Class E airspace extending
upward from 700 feet above the surface at McNary Field, Salem, OR. A
review of the airspace revealed the expanded airspace is not required
for standard instrument approach procedures for IFR operations at the
airport. Class D airspace would extend upward from the surface within a
4-mile radius northeast of McNary Field, with a segment extending from
the 4-mile radius to 5 miles from the east to the northwest. Class E
surface area airspace would extend upward from the surface within a 4-
mile radius northeast of McNary Field, with a segment extending from
the 4-mile radius of the airport to 5 miles from the east to the
northwest. Class E airspace extending upward from 700 feet above the
surface would be modified to within a 6.2-mile radius south to the
northwest of McNary Field, with segments extending to 6.7 miles to the
northeast, and 8.2 miles to the southeast of the airport.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, and 6005, respectively, of FAA Order 7400.9Z,
dated August 6, 2015 and effective September 15, 2015, which is
incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed 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 1050.1E, ``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 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 5000: Class D airspace.

* * * * *

ANM OR D Salem, OR [Modified]

    Salem, McNary Field, OR (lat. 44[deg]54'34'' N., long.
123[deg]00'09'' W.)
    That airspace extending upward from the surface to and including
2,700 feet MSL within a 4-mile radius of McNary Field from the
330[deg] bearing from the airport clockwise to the 074[deg] bearing,
and that airspace within a 5-mile radius of McNary Field from the
074[deg] bearing from the airport clockwise to the 330[deg] bearing.
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 Airport/Facility Directory.

Paragraph 6002: Class E Airspace Designated as Surface Areas.

* * * * *

ANM OR E2 Salem, OR [Modified]

    Salem, McNary Field, OR (lat. 44[deg]54'34'' N., long.
123[deg]00'09'' W.)
    That airspace extending upward from the surface within a 4-mile
radius of McNary Field from the 330[deg] bearing from the airport
clockwise to the 074[deg] bearing, and that airspace within a 5-mile
radius of McNary Field from the 074[deg] bearing from the airport
clockwise to the 330[deg] bearing.

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

* * * * *

ANM OR E5 Salem, OR [Modified]

    Salem, McNary Field, OR (lat. 44[deg]54'34'' N., long.
123[deg]00'09'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of McNary Field from the 164[deg] bearing
from the airport clockwise to the 315[deg] bearing, and that
airspace within a 6.7-mile radius of McNary Field from the 315[deg]
bearing from the airport clockwise to the 074[deg] bearing, and that
airspace within a 8.2-mile radius of McNary Field from the 074[deg]
bearing from the airport clockwise to the 164[deg] bearing of the
airport.

    Issued in Seattle, Washington, on September 11, 2015.
Johanna Forkner,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-23508 Filed 9-18-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17638-17639]
[FR Doc No: 2014-06960]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Safety Information Analysis and Sharing Project
Demonstration for General Aviation (ASIAS for GA Project Demo)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: General statement of policy.

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SUMMARY: This document announces a one-year program to demonstrate the
capabilities of Aviation Safety Information Analysis and Sharing
(ASIAS) for the general aviation community. The document also states
the FAA's policy concerning enforcement during this demonstration
program.

DATES: This Notice becomes effective on March 28, 2014. The ASIAS for
GA Project Demo expires one year after the date of publication of this
notice.

FOR FURTHER INFORMATION CONTACT: Corey Stephens, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
Telephone:<PHONE_NUMBER> and<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    In recent years, the General Aviation (GA) community has
experienced little to no decrease in the number of fatal accidents over
the last five years. As a result, the Administrator has identified the
implementation of initiatives aimed at reducing GA fatal accidents as a
high priority. These initiatives include the work of the General
Aviation Joint Steering Committee (GA JSC) and bringing GA operations
into ASIAS.

Aviation Safety Information Analysis and Sharing (ASIAS)

    To promote an open exchange of safety information for the
continuous improvement of aviation safety, the FAA and the aviation
industry working in partnership developed ASIAS. ASIAS is a
collaborative information sharing program supported by the aviation
community to facilitate the proactive analysis of data from broad and
extensive sources for purposes of advancing safety initiatives and
discovering vulnerabilities in the air transportation system. The
sources of safety data range from public sector data that the FAA
collects to proprietary data that ASIAS participants voluntarily
submit. ASIAS enables the aviation community and the FAA to jointly
view different data sources and analyze the aggregate data. This allows
ASIAS participants to further analyze their own data and make
comparisons to industry norms. ASIAS benefits the FAA and the aviation
industry by enabling them to analyze and track accident precursors and
known safety hazards and to identify and track newly identified
operational risks.
    The ASIAS community consists of the FAA and private sector
organizations such as corporate operators, airlines, manufacturers and
pilot associations. ASIAS participants currently provide de-identified
digital flight data and/or de-identified safety reports to ASIAS under
various agreements.
    ASIAS is managed by a group of government and aviation industry
representatives through the ASIAS Executive Board (AEB). The AEB
oversees the ASIAS program, including policy and process development,
and approves all studies undertaken by ASIAS. The AEB established and
tasked a subcommittee known as the Issue Analysis Team (IAT) to perform
detailed analyses and effectiveness monitoring of specific safety
issues using aggregated

ASIAS data. The IAT submits de-identified study results to the AEB, and
the AEB determines how best to disseminate the results to the
appropriate stakeholders, including the GA JSC.

ASIAS for General Aviation

    The GA JSC is reaching out to the GA community directly and through
several GA associations to educate pilots and other stakeholders on the
benefits of sharing collected safety data with ASIAS in a protected
non-punitive manner, in a manner similar to programs for commercial
aviation. In addition, the GA JSC continues its work to maximize safety
in GA operations. For example, to date, it has proposed 26 safety
interventions to address loss of control. However, analysis shows that
more comprehensive data sources from the GA community resulting from a
GA ASIAS data sharing program would improve understanding of
contributing factors to safety risks in the system.
    Early in 2014, the steering committee will embark on a
demonstration to evaluate the value and benefits of ASIAS for the
broader GA community. One of the purposes of the demonstration will be
to allow the GA JSC to gain a better understanding of safety risks and
emerging threats for the GA community. The project will explore
potential new information sources such as General Aviation flight data
(recorded through avionics suites, data recorders and new common
technologies such as iOS and Android devices), voluntary safety
reports, and manufacturer reports.

ASIAS for GA Demonstration Project

    The Administrator announced the GA ASIAS Demonstration Project at
the General Aviation Summit at FAA Headquarters on January 27, 2014.
The purpose of this demonstration project is to test the technical
ability to bring GA data into ASIAS. This project will also demonstrate
the value of ASIAS to the GA pilot community and industry
(associations, manufacturers, instructors, type clubs, etc.).
    To fully demonstrate the ASIAS capabilities for GA, ASIAS needs to
collect safety information from voluntary safety reporting systems
(digital flight data from Flight Operations Quality Assurance (FOQA)/
Flight Data Monitoring (FDM) programs, pilot and other safety reports,
etc.).
    As part of the GA ASIAS Demonstration Project, pilots who
voluntarily submit their flight data will do so through the National
General Aviation Flight Information Database (NGAFID) which is
maintained by the University of North Dakota. Pilots who submit their
data will be able to review information for their own flights through
the NGAFID; however, a pilot may not access another pilot's data.
Additionally, the FAA will not have access to this data while it
contains information identifying a pilot.
    De-identified data will be regularly transferred to ASIAS. In this
de-identified state, the data cannot be linked to the specific pilot,
aircraft, or flight. This de-identified data is then aggregated and
used by the ASIAS community for safety purposes only.
    For the period of this project, data will be collected voluntarily
from the GA community in the area surrounding Phoenix, Arizona.
Volunteers who are based within a 40 nautical mile ring surrounding
KPHX will be sought to participate in the demonstration project.
Additional information can also be found at www.GAJSC.org.

Enforcement Policy

    The ASIAS for GA Demonstration Project is an important safety
initiative and the FAA supports and encourages wide participation. This
document is issued in order to alleviate any concerns that any
voluntarily submitted data may be used for enforcement purposes. The
FAA recognizes that it is important to promote the voluntary submittal
of data during the demonstration project. Therefore, none of the data
that is being collected during this demonstration project will be
accessed or otherwise used for any enforcement activities.
    Should an accident or incident occur involving a participant or
non-participant in the demonstration project, standard FAA policy for
accident or incident investigation will apply. Any data collected will
derive solely from routine investigation procedures. No data that is
voluntarily submitted in connection with the demonstration project will
be accessed for an accident or incident investigation.
    The ASIAS for GA Demonstration Project will be in effect for one
year beginning on the date of publication of this notice.

    Dated: Issued in Washington, DC on March 21, 2014.
Michael G. Whitaker,
Deputy Administrator.
[FR Doc. 2014-06960 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Notices]
[Page 13546-13547]
[DOCID:fr22mr07-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55481; File No. SR-CHX-2006-33]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Order Granting Approval of a Proposed Rule Change Amending Rules To
Require Listed Companies To Make Securities Eligible for the Direct
Registration System

March 15, 2007.

I. Introduction

    On October 30, 2006, the Chicago Stock Exchange, Inc. (``CHX'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-CHX-2006-33 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register; on December 7, 2006.\2\ No
comment letters were received. For the reasons discussed below, the
Commission is granting approval of the proposed rule change.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54833 (November 29,
2006), 71 FR 71004 (December 7, 2006) [File No. SR-CHX-2006-33].
    \3\ Concurrent with this order, the Commission is approving
similar rule changes submitted by the Boston Stock Exchange, Inc.,
and Philadelphia Stock Exchange, Inc. Securities Exchange Act
Release Nos. 54832 (November 29, 2006), 71 FR 71000 (December 7,
2006) [File No. SR-BSE-2006-46] and 54834 (November 29, 2006), 71 FR
71013 (December 7, 2006) [File No. SR-Phlx-2006-69]. The Commission
has also granted approval to similar rule changes submitted by the
New York Stock Exchange LLC (``NYSE''), American Stock Exchange LLC
(``Amex''), The NASDAQ Stock Market LLC (``Nasdaq''), and the NYSE
Arca, Inc. (``NYSE Arca''). Securities Exchange Act Release Nos.
54289 (August 8, 2006), 71 FR 47278 (August 16, 2006) [File No. SR-
NYSE-2006-29]; 54290 (August 8, 2006), 71 FR 47262 (August 16, 2006)
[File No. SR-Amex-2006-40]; 54288 (August 8, 2006), 71 FR 47276
(August 16, 2006) [File No. SR-NASDAQ-2006-08]; 54410 (September 7,
2006), 71 FR 54316 (September 14, 2006) [File No. SR-NYSE Arca-2006-
31].
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II. Description

    The Direct Registration System (``DRS'') allows an investor to
establish either through the issuer's transfer agent or through the
investor's broker-dealer a book-entry position on the books of the
issuer and to electronically transfer her position between the transfer
agent and the broker-dealer of her choice through a facility currently
administered by The Depository Trust Company (``DTC'').\4\ DRS,
therefore, enables an investor to have securities registered in her
name on the books of the issuer without having a securities certificate
issued to her and to electronically transfer her securities to her
broker-dealer in order to effect a transaction without the risk,
expenses, and delays associated with the use of securities
certificates.
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    \4\ Currently, the only registered clearing agency operating a
DRS is DTC. For a detailed description of DRS and the DRS facilities
administered by DTC, see Securities Exchange Act Release Nos. 37931
(November 7, 1996), 61 FR 58600 (November 15, 1996), [File No. SR-
DTC-96-15] (order granting approval to establish DRS) and 41862
(September 10, 1999), 64 FR 51162 (September 21, 1999), [File No.
SR-DTC-99-16] (order approving implementation of the Profile
Modification System).
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    Investors holding their securities in DRS retain the rights
associated with securities certificates, including such rights as
control of ownership and voting rights, without having the
responsibility of holding and safeguarding securities certificates. In
addition, in corporate actions such as reverse stock splits and
mergers, cancellation of old shares and issuance of new shares are
handled electronically with no securities certificates to be returned
to or received from the transfer agent.
    To reduce the number of transactions in securities for which
settlement is effected by the physical delivery of securities
certificates to and reduce the risks, costs, and delays associated with
the physical processing of securities certificates, the CHX is amending
its listing standards by adding paragraph (h) to Rule 1 \5\ that would
require certain issuers to make their securities eligible for DRS. As
amended, the new rule would require that any security initially listing
on CHX on or after January 1, 2007, must be eligible for a DRS that is
operated by a securities depository.\6\ This requirement, however,
would not extend to i) securities of companies which already have
securities listed on CHX, ii) securities of companies which immediately
prior to such listing had securities listed on another national
securities exchange, iii) derivative products, or iv) securities (other
than stocks) which are book-entry only. Under the rule, on and after
January 1, 2008, all securities listed on CHX must be eligible for a
DRS that is operated by a securities depository.\7\
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    \5\ The exact text of the CHX proposed rule change is set forth
in its filing, which can be found at http://www.chx.com/rules/proposed_rules.htm
.

    \6\ Under the proposed rule, a ``securities depository'' would
mean a securities depository registered as a clearing agency under
Section 17A(b)(2) of the Act.
    \7\ Securities (other than stock) that are book-entry-only and
derivative products would continue to be excluded from the DRS
requirement.
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    CHX understands that issuers and transfer agents may incur initial
costs when making an issue DRS-eligible. As an initial matter, the
issuer must have a transfer agent that is a DRS Limited Participant.\8\
Transfer agents will need to meet certain DTC criteria, such as
insurance and connectivity requirements in order to become DRS Limited
Participants and an issuer's corporate documents, such as its bylaws or
corporate charters, may need to be amended to permit the issuance of
book-entry shares. CHX believes that the proposed deadlines as set
forth above would allow issuers and transfer agents an appropriate
amount of time to meet applicable requirements.
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    \8\ DTC's rules require that a transfer agent (including an
issuer acting as its own transfer agent) acting for a company
issuing securities in DRS must be a DRS Limited Participant.
Securities Exchange Act Release No. 37931 (November 7, 1996), 61 FR
58600 (November 15, 1996), [File No. SR-DTC-96-15].
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III. Discussion

    Section 6(b)(5) of the Act requires, among other things, that the
rules of an exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
perfect the mechanism of a free and open market and a national market
system, and in general to protect investors and the public interest.\9\
For the reasons described below, the Commission finds that CHX's rule
change is consistent with Section 6(b)(5) of the Act.
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    \9\ 15 U.S.C. 78f(b)(5).
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    The use of securities certificates has long been identified as an
inefficient and risk-laden mechanism by which to hold and transfer
ownership.\10\ Because securities certificates require manual
processing, their use can result in significant delays and expenses in
processing securities transactions and presents the risk of
certificates being lost or stolen. Many of these costs and risks are
ultimately borne by investors.\11\ Congress has recognized the problems
and dangers that the use of certificates presents to the safe and
efficient operation of the U.S. clearance and settlement system and has
given the Commission the responsibility and the authority to address
these issues.\12\
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    \10\ Securities Exchange Act Release No. 49405 (March 11, 2004),
69 FR 12922 (March 18, 2004), [File No. S7-13-04] (Securities
Transaction Settlement Concept Release).
    \11\ Id.
    \12\ 5 U.S.C. 78q-1(a)(2)(A). Congress expressly envisioned the
Commission's authority to extend to all aspects of the securities
handling process of securities transactions within the United
States, including activities by clearing agencies, depositories,
corporate issuers, and transfer agents. See S. Rep. No. 75, 94th
Cong., 1st Sess. at 55 (1975).

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    Consistent with its Congressional directives and in its efforts to
improve efficiencies and decrease risks associated with processing
securities transactions, the Commission has long advocated a reduction
in the use of certificates in the trading environment by immobilization
or dematerialization of securities and has encouraged the use of
alternatives to holding securities in certificated form. Among other
things, the Commission has approved the rule filings of self-regulatory
organizations that require their members to use the facilities of a
securities depository for the book-entry settlement of all transactions
in depository-eligible securities \13\ and that require any security
listed for trading must be depository eligible if possible.\14\ More
recently the Commission has approved the implementation and expansion
of DRS.\15\
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    \13\ Securities Exchange Act Release No. 32455 (June 11, 1993),
58 FR 33679 (June 18, 1993) (order approving rules requiring
members, member organizations, and affiliated members of the New
York Stock Exchange, National Association of Securities Dealers,
American Stock Exchange, Midwest Stock Exchange, Boston Stock
Exchange, Pacific Stock Exchange, and Philadelphia Stock Exchange to
use the facilities of a securities depository for the book-entry
settlement of all transactions in depository-eligible securities
with another financial intermediary).
    \14\ Securities Exchange Act Release No. 35798 (June 1, 1995),
60 FR 30909 (June 12, 1995), [File Nos. SR-Amex-95-17; SR-BSE-95-09;
SR-CHX-95-12; SR-NASD-95-24; SR-NYSE-95-19; SR-PSE-95-14; SR-Phlx-
95-34] (order approving rules setting forth depository eligibility
requirements for issuers seeking to have their shares listed on the
exchange).
    \15\ In 1996, the NYSE modified its listing criteria to permit
listed companies to issue securities in book-entry form provided
that the issue is included in DRS. Securities Exchange Act Release
No. 37937 (November 8, 1996), 61 FR 58728 (November 18, 1996), [File
No. SR-NYSE-96-29]. Similarly, the NASD modified its rule to require
that if an issuer establishes a direct registration program, it must
participate in an electronic link with a securities depository in
order to facilitate the electronic transfer of the issue. Securities
Exchange Act Release No. 39369 (November 26, 1997), 62 FR 64034
(December 3, 1997), [File No. SR-97-51]. On July 30, 2002, the
Commission approved a rule change proposed by the NYSE to amend NYSE
Section 501.01 of the NYSE Listed Company Manual to allow a listed
company to issue securities in a dematerialized or completely
immobilized form and therefore not send stock certificates to record
holders provided the company's stock is issued pursuant to a
dividend reinvestment program or a stock purchase plan or is
included in a DRS. Securities Exchange Act Release No. 46282 (July
30, 2002), 67 FR 50972 (August 6, 2002), [File No. SR-NYSE-2001-33].
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    While the U.S. markets have made great progress in immobilization
and dematerialization for institutional and broker-to-broker
transactions, many industry representatives believe that the small
percentage of securities held in certificated form (held mostly by
retail investors) impose unnecessary risk and disproportionately large
expense to the industry and to investors. In an attempt to help address
this issue, CHX's rule change, along with those of the NYSE, Amex,
Nasdaq, NYSE Arca, BSE, and Phlx, should help expand the use of DRS. As
a result, risks, costs, and processing inefficiencies associated with
the use of securities certificates should be reduced, and impediments
to the perfection of the national market system should be removed.
Additionally, those investors holding securities in listed securities
certificates covered by the rule change that decide to hold their
securities in DRS should realize the benefits of more accurate,
quicker, and more cost-efficient transfers; faster distribution of sale
proceeds; reduced number of lost or stolen certificates and a reduction
in the associated certificate replacement costs; and consistency of
owning in book-entry across asset classes.
    The Commission realizes that some issuers and transfer agents may
bear expenses related to complying with the rule change. In order to
make an issue DRS-eligible, issuers of listed companies must have a
transfer agent which is a DRS Limited Participants and may need to
amend their corporate governing documents to permit the issuance of
book-entry shares. The Commission believes, however, that the long-term
benefits of increased efficiencies and reduced costs and risks afforded
by DRS outweigh the costs that some issuers and transfer agents may
incur. Furthermore, the time frames built into the proposal should
allow issuers and their transfer agents sufficient time to make any
necessary changes to comply with the rule change.
    While the rule change should significantly reduce the number of
transactions in securities for which settlement is effected by the
physical delivery of securities certificates, it will not eliminate the
ability of investors to obtain securities certificates provided the
issuer has chosen to issue certificates. Such investors can continue to
contact the issuer's transfer agent, either directly or through their
broker-dealer, to obtain a securities certificate. Accordingly, for the
reasons stated above the Commission finds that the rule change is
consistent with CHX's obligation under Section 6(b) of the Act to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to
perfect the mechanism of a free and open market and a national market
system, and in general to protect investors and the public
interest.\16\
---------------------------------------------------------------------------

    \16\ In approving the proposed rule change, the Commission
considered the proposal's impact on the efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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 with the requirements of Section 6(b)(5) of the Act and
the rules and regulations thereunder. It is therefore ordered, pursuant
to Section 19(b)(2) of the Act, that the proposed rule change (File No.
SR-CHX-2006-33) be and hereby is approved.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5191 Filed 3-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 30, 2009 (Volume 74, Number 59)]
[Notices]
[Page 14122-14125]
[DOCID:fr30mr09-41]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0123; FRL-8405-9]

Pentachloronitrobenzene (PCNB); Notice of Receipt of Requests to
Amend Registrations to Terminate Uses of Certain Pesticide
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrants to voluntarily amend
their registrations to terminate uses of certain products containing
the pesticide pentachloronitrobenzene, or PCNB. The requests would
terminate PCNB use on golf course roughs (i.e., use on golf courses
will be limited to tees, greens, and fairways); residential sites
including lawns, yards, and ornamental plants and gardens around homes
and apartments; grounds around day care facilities; school yards; parks
(except industrial parks); playgrounds; and athletic fields (except
professional and college fields). The requests would not terminate the
last PCNB products registered for use in the United States. EPA intends
to grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests, or
unless the registrants withdraw their requests within this period. Upon
acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before April 29, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0123, 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 docket ID number EPA-HQ-OPP-
2009-0123. 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: Jill Bloom, 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, 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 to Amend Registrations to
Delete Uses

    This notice announces receipt by EPA of requests from the
registrants, Amvac Chemical Corporation and Chemtura Corporation, to
amend 31 PCNB product registrations to terminate certain uses. PCNB is
a fungicide used to control diseases of turf, ornamentals, cole crops,
potatoes, cotton, and other agricultural and horticultural crops. In
letters dated February 10, 2009, Amvac and Chemtura each requested that
EPA amend the pesticide product registrations identified in this notice
to terminate certain uses. Specifically, Amvac and Chemtura requested
the termination of the uses of PCNB on golf course roughs; residential
sites including lawns, yards, and ornamental plants and gardens around
homes and apartments; grounds around day care facilities; school yards;
parks (except industrial parks); playgrounds; and athletic fields
(except professional and college fields). The registrants' requests
will not terminate the last PCNB products registered in the United
States for these uses. The Amvac and Chemtura products include
manufacturing-use products from which

other U.S.-registered PCNB products are formulated; after the relevant
existing stocks provisions have expired, end-use products formulated
from those manufacturing-use products must bear labeling consistent
with the revised labeling on the Amvac and Chemtura products.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from the
registrants to amend certain PCNB product registrations to terminate
the uses detailed in Unit II. The affected products and the registrants
making the requests are identified in Tables 1 and 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period for minor
uses, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The PCNB registrants have requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued amending the affected registrations.

                    Table 1.--PCNB Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
         Registration Number                 Product Name             Product Type               Company
----------------------------------------------------------------------------------------------------------------
400-399                                Terraclor 75W Wettable   End-use                  Chemtura Corporation
                                        Powder
----------------------------------------------------------------------------------------------------------------
400-401                                Terraclor Technical      Manufacturing-use        Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
400-402                                Terraclor 10% Granular,  End-use                  Chemtura Corporation
                                        Revere 10% Granular
----------------------------------------------------------------------------------------------------------------
400-403                                Greenback Lawn           End-use                  Chemtura Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
400-404                                Turfcide Emulsifiable    End-use                  Chemtura Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
400-407                                Turfcide 10% Granular    End-use                  Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
400-414                                Terraclor 90% Dust       Manufacturing-use        Chemtura Corporation
                                        Concentrate
----------------------------------------------------------------------------------------------------------------
400-453                                Terraclor Flowable       End-use                  Chemtura Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
400-454                                Turfcide 4F, Turfcide    End-use                  Chemtura Corporation
                                        400, Terraclor 400,
                                        Revere 4,000
----------------------------------------------------------------------------------------------------------------
400-457                                Turfcide 15G             End-use                  Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
400-458                                Terraclor 15G            End-use                  Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
400-459                                Terrazan PCNB Technical  Manufacturing-use        Chemtura Corporation
                                        99%
----------------------------------------------------------------------------------------------------------------
400-460                                Terrazan 24%             End-use                  Chemtura Corporation
                                        Emulsifiable
                                        Concentrate
----------------------------------------------------------------------------------------------------------------
400-479                                Turfcide WDG             End-use                  Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
400-504                                Terraclor Tech 96        Manufacturing-use        Chemtura Corporation
----------------------------------------------------------------------------------------------------------------
5481-197                               Technical Grade PCNB     Manufacturing-use        Amvac Chemical
                                        95%                                               Corporation
----------------------------------------------------------------------------------------------------------------
5481-211                               PCNB 10% Granules Soil   End-use                  Amvac Chemical
                                        Fungicide                                         Corporation
----------------------------------------------------------------------------------------------------------------
5481-214                               PCNB Soil & Turf Liquid  End-use                  Amvac Chemical
                                        Drench                                            Corporation
----------------------------------------------------------------------------------------------------------------
5481-279                               PCNB 75% Wettable        End-use                  Amvac Chemical
                                        Powder                                            Corporation
----------------------------------------------------------------------------------------------------------------
5481-419                               PCNB 75W Turf and        End-use                  Amvac Chemical
                                        Ornamental Soil                                   Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
5481-438                               80% PCNB                 Manufacturing-use        Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-441                               PCNB 75 DG               End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-443                               PCNB 2 Flowable Turf &   End-use                  Amvac Chemical
                                        Ornamental Soil                                   Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------

5481-444                               PCNB 10 G Turf &         End-use                  Amvac Chemical
                                        Ornamental Soil                                   Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
5481-450                               PCNB 20% WDG Soil        End-use                  Amvac Chemical
                                        Fungicide                                         Corporation
----------------------------------------------------------------------------------------------------------------
5481-453                               PCNB 75 WSP              End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-457                               Turfpro WSP Turf &       End-use                  Amvac Chemical
                                        Ornamental Soil                                   Corporation
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
5481-464                               Par-Flo 6F               End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-465                               Par-Flo                  End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-471                               Win-Flo 6F               End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------
5481-472                               Win-Flo                  End-use                  Amvac Chemical
                                                                                Corporation
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.

     Table 2.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
400                                         Chemtura Chemical
                                             Corporation, 1995 Benson
                                             Road, Middlebury, CT 06749
------------------------------------------------------------------------
5481                                        Amvac Chemical Corporation,
                                             4695 MacArthur Court, Suite
                                             1250, Newport Beach, CA
                                             92660
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before April 29, 2009. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) requests listed in this notice. If
the products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
    In any order issued in response to these requests for amendments to
terminate uses, the Agency proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1 in Unit III.
    Amvac Corporation and Chemtura Chemical Corporation will be
permitted to sell or distribute existing stocks of the manufacturing-
use products referenced in Table 1 of Unit III. with labels that are
not revised per their request as described in Unit III. (i.e.,
``previously approved labeling''), until 6 months after the effective
date of cancellation. Persons other than Amvac Corporation or Chemtura
Chemical Corporation may continue to use existing stocks of the
manufacturing-use products referenced in Table 1 of Unit III. with
previously approved labeling, for formulation into end-use products
until 18 months after the effective date of cancellation.
    Amvac Corporation and Chemtura Chemical Corporation will be
permitted to sell or distribute existing stocks of the end-use products
referenced in Table 1 of Unit III. with previously approved labeling,
until 18 months after the effective date of cancellation. Users will be
allowed to use existing stocks of the affected PCNB end-use products
with previously approved labeling until such stocks are exhausted,
provided such use is in a manner consistent with the previously
approved labeling for that product.
    If the requests for use termination are granted, the Agency intends
to publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 18, 2009.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-7043 Filed 3-27-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Pages 1518-1519]
[FR Doc No: 2015-00228]

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

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 11a-3, SEC File No. 270-321, OMB Control No. 3235-0358.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    Section 11(a) of the Investment Company Act of 1940 (``Act'') (15
U.S.C. 80a-11(a)) provides that it is unlawful for a registered open-
end investment company (``fund'') or its underwriter to make an offer
to the fund's shareholders or the shareholders of any other fund to
exchange the fund's securities for securities of the same or another
fund

on any basis other than the relative net asset values (``NAVs'') of the
respective securities to be exchanged, ``unless the terms of the offer
have first been submitted to and approved by the Commission or are in
accordance with such rules and regulations as the Commission may have
prescribed in respect of such offers.'' Section 11(a) was designed to
prevent ``switching,'' the practice of inducing shareholders of one
fund to exchange their shares for the shares of another fund for the
purpose of exacting additional sales charges.
    Rule 11a-3 (17 CFR 270.11a-3) under the Act is an exemptive rule
that permits open-end investment companies (``funds''), other than
insurance company separate accounts, and funds' principal underwriters,
to make certain exchange offers to fund shareholders and shareholders
of other funds in the same group of investment companies. The rule
requires a fund, among other things, (i) to disclose in its prospectus
and advertising literature the amount of any administrative or
redemption fee imposed on an exchange transaction, (ii) if the fund
imposes an administrative fee on exchange transactions, other than a
nominal one, to maintain and preserve records with respect to the
actual costs incurred in connection with exchanges for at least six
years, and (iii) give the fund's shareholders a sixty day notice of a
termination of an exchange offer or any material amendment to the terms
of an exchange offer (unless the only material effect of an amendment
is to reduce or eliminate an administrative fee, sales load or
redemption fee payable at the time of an exchange).
    The rule's requirements are designed to protect investors against
abuses associated with exchange offers, provide fund shareholders with
information necessary to evaluate exchange offers and certain material
changes in the terms of exchange offers, and enable the Commission
staff to monitor funds' use of administrative fees charged in
connection with exchange transactions.
    The staff estimates that there are approximately 1,633 active open-
end investment companies registered with the Commission as of March
2014. The staff estimates that 25 percent (or 408) of these funds
impose a non-nominal administrative fee on exchange transactions. The
staff estimates that the recordkeeping requirement of the rule requires
approximately 1 hour annually of clerical time per fund, for a total of
408 hours for all funds.
    The staff estimates that 5 percent of these 1,633 funds (or 82)
terminate an exchange offer or make a material change to the terms of
their exchange offer each year, requiring the fund to comply with the
notice requirement of the rule. The staff estimates that complying with
the notice requirement of the rule requires approximately 1 hour of
attorney time and 2 hours of clerical time per fund, for a total of
approximately 246 hours for all funds to comply with the notice
requirement.\1\ The staff estimates that such notices will be enclosed
with other written materials sent to shareholders, such as annual
shareholder reports or account statements, and therefore any burdens
associated with mailing required notices are accounted for in the
burdens associated with Form N-1A registration statements for funds.
The recordkeeping and notice requirements together therefore impose a
total burden of 654 hours on all funds.\2\ The total number of
respondents is 490, each responding once a year.\3\ The burdens
associated with the disclosure requirement of the rule are accounted
for in the burdens associated with the Form N-1A registration statement
for funds.
---------------------------------------------------------------------------

    \1\ This estimate is based on the following calculations: (1,633
(funds) x 0.05% = 82 funds); (82 x 1 (attorney hour) = 82 total
attorney hours); (82 (funds) x 2 (clerical hours) = 164 total
clerical hours); (82 (attorney hours) + 164 (clerical hours) = 246
total hours).
    \2\ This estimate is based on the following calculations: (246
(notice hours) + 408 (recordkeeping hours) = 654 total hours).
    \3\ This estimate is based on the following calculation: (408
funds responding to recordkeeping requirement + 82 funds responding
to notice requirement = 490 total respondents).
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
    Written comments are requested on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burden(s)
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Pamela Dyson, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send
an email to<EMAIL_ADDRESS>
    Dated: January 6, 2015.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2015-00228 Filed 1-9-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Rules and Regulations]
[Pages 64697-64698]
[FR Doc No: 2022-22782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0245; Airspace Docket No. 19-AAL-49]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
380; Emmonak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes RNAV T-route, T-380, in the vicinity
of Emmonak, AK in support of a large and comprehensive T-route
modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 expands the availability of RNAV in Alaska and improve
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-0244 in the Federal Register (87 FR 16679; March 24, 2022),
establishing RNAV T-route, T-380, in the vicinity of Emmonak, AK in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11G dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and

Reporting Points, dated August 19, 2022, and effective September 15,
2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-380
in the vicinity of Emmonak, AK in support of a large and comprehensive
T-route modernization project in the state of Alaska.
    The new route is described below.
    T-380: T-380 extends from the Emmonak, AK (ENM), VOR/Distance
Measuring Equipment (VOR/DME) to the Sparrevohn, AK (SQA), VOR/DME, due
to the decommissioning of St. Marys, AK, Aniak, AK, and Cairn Mountain,
AK, Non-Directional Beacons (NDBs).
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of establishing
RNAV route T-380 in the vicinity of Emmonak, AK qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

    Authority:  49 U.S.C. 106(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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-380 Emmonak, AK (ENM) to Sparrevohn, AK (SQA) [New]
Emmonak, AK (ENM)                               VOR/DME                        (Lat. 62[deg]47'04.52'' N, long. 164[deg]29'15.12'' W)
HUROP, AK                                       WP                             (Lat. 62[deg]05'37.50'' N, long. 163[deg]41'00.03'' W)
JOPES, AK                                       WP                             (Lat. 62[deg]03'33.30'' N, long. 163[deg]17'07.68'' W)
CIBUP, AK                                       WP                             (Lat. 61[deg]34'53.76'' N, long. 159[deg]32'34.95'' W)
AMEDE, AK                                       WP                             (Lat. 61[deg]34'17.31'' N, long. 158[deg]25'46.86'' W)
CERTU, AK                                       WP                             (Lat. 61[deg]25'08.81'' N, long. 157[deg]15'46.63'' W)
FABGI, AK                                       WP                             (Lat. 61[deg]13'51.69'' N, long. 156[deg]14'37.32'' W)
Sparrevohn, AK (SQA)                            VOR/DME                        (Lat. 61[deg]05'54.89'' N, long. 155[deg]38'04.49'' W)

* * * * *

    Issued in Washington, DC, on October 17, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22782 Filed 10-25-22; 8:45 am]
BILLING CODE 4910-13-P