[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34281-34288]
[FR Doc No: 2019-15248]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2019-0562; Amdt. No. 91-355]
RIN 2120-AL16

Revision to Automatic Dependent Surveillance-Broadcast (ADS-B)
Out Equipment and Use Requirements

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

ACTION: Interim final rule.

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SUMMARY: This interim final rule modifies the requirement that all
aircraft equipped with Automatic Dependent Surveillance-Broadcast Out
(ADS-B Out) must transmit at all times. This rulemaking provides an
exception to ADS-B requirements, removing the transmission requirement
for sensitive operations conducted by Federal, State and local
government entities in matters of national defense, homeland security,
intelligence and law enforcement. The changes provide relief to those
Federal, State and local government agencies that operate aircraft
equipped with ADS-B Out but need the ability to terminate the
transmission signal when conducting sensitive national defense,
homeland security, intelligence and law enforcement missions that could
be compromised by transmitting real time identification and positional
flight information over ADS-B. This rulemaking also allows the FAA to
except certain aircraft from operating a transponder or transmitting
ADS-B Out, when doing so would jeopardize Air Traffic Control (ATC)
functions.

DATES: This rule is effective on July 18, 2019.
    Comments must be received on or before September 16, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0562
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9

a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Scott Rosenbloom, Airspace Policy
Group, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authority and Good Cause for This Rulemaking

A. Legal Authority

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). 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, Sovereignty and use of
airspace, and Subpart III, Section 44701, General requirements. Under
section 40103, the FAA is charged with prescribing regulations on: (1)
The flight of aircraft, including regulations on safe altitudes; (2)
the navigation, protection, and identification of aircraft; and (3) the
safe and efficient use of the navigable airspace. Under section 44701,
the FAA is charged with promoting safe flight of civil aircraft in air
commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air commerce
and national security.
    This interim final rule is within the scope of sections 40103 and
44701 because it excepts certain operations from the ADS-B Out and
transponder-on requirements in order to preserve the security and
safety of these operations, and the safe execution of air traffic
control functions.

B. Good Cause for Dispensing With Notice and Comment and for Immediate
Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking notice and comment prior
to the rulemaking.
    The FAA finds there is good cause to issue the rule without seeking
prior notice and comment because complying with the transmission
requirement while waiting for a proposed rule to be finalized will draw
greater attention to operational vulnerabilities that expose government
aircraft performing sensitive missions to immediate risk and compromise
the operations security of missions necessary for national defense,
homeland security, intelligence and law enforcement. In support of this
determination, the FAA notes that other organizations have discussed
these vulnerabilities and have urged FAA to address them promptly,
including in the 2018 GAO Report Urgent Need for DOD and FAA to Address
Risks and Improve Planning for Technology That Tracks Military Aircraft
(GAO-18-177), which can be found in the docket for this interim final
rule.
    Additionally, the FAA finds good cause to revise the regulation to
permit pilots to turn off their transponders in certain circumstances
where the safe provision of air traffic control services would be
compromised. By regulation, a pilot is required in controlled airspace
to operate with his or her transponder on at all times. During the
development of this rule, the FAA determined there are circumstances
when air traffic control has directed the pilots of non-lead aircraft
engaged in formation flights to turn off their transponders.
Controllers took this action because the close proximity of the
aircraft in formation flight creates a risk to the safe execution of
ATC services through audio and visual collision alerts and overlapping
information displayed to the controller. As the safe provision of air
traffic services necessitates continuation of ATC's policy, seeking
prior public notice and comment on this provision is unnecessary.
    In addition, in accordance with 5 U.S.C. 553(d)(1), the FAA is
making this interim final rule effective upon publication because it is
a substantive rule that relieves a restriction and there is an
immediate need for operators conducting sensitive government missions
to exercise relief from the transmission requirement.

II. Comments Invited

    Consistent with the Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 11034; February 26, 1979),
which provide that to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice, the Department
requests comment on this interim final rule. The Department encourages
persons to participate in this rulemaking by submitting comments. The
Department will consider late filed comments to the extent practicable.
This interim final rule may be amended based on comments received.

III. Background

    On October 7, 2007, the FAA published a notice of proposed
rulemaking (NPRM) to mandate ADS-B Out.\1\ The FAA deemed it critical
to move from ground-based surveillance and navigation to more dynamic
and accurate airborne-based systems and procedures in order to
modernize America's air transportation system to make flying even
safer, more efficient, and more predictable. ADS-B equipment is an
advanced surveillance technology that combines an aircraft's
positioning source, aircraft avionics, and a ground infrastructure to
create an accurate surveillance interface between aircraft and air
traffic control.
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    \1\ Automatic Dependent Surveillance--Broadcast (ADS-B) Out
Performance Requirements to Support Air Traffic Control (ATC)
Service, NPRM, 72 FR 56947 (Oct. 5, 2007).
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    ADS-B Out, which is the subject of this rulemaking, periodically
broadcasts information about each aircraft, such as identification,
current position, altitude, and velocity, through an onboard
transmitter. ADS-B Out provides air traffic controllers with real-time
position information that is, in most cases, more accurate than the
information available with current radar-based systems. With more
accurate information, ATC will be able to position and separate
aircraft with improved precision and timing.
    In response to the ADS-B Out NPRM published in 2007, the Department
of Defense (DOD) submitted a comment \2\ identifying concerns with the
mandate

for all aircraft equipped with ADS-B Out to transmit that information
at all times. The concern was based on this new standard being adopted
by a multitude of aviation authorities worldwide, advancing aircraft
surveillance capabilities, but subjecting it to potential security
vulnerabilities. On May 28, 2010, the FAA published the final rule,
Automatic Dependent Surveillance-Broadcast (ADS-B) Out Performance
Requirements to Support Air Traffic Control (ATC) Service.\3\ The final
rule was effective on August 11, 2010, and mandates that all aircraft
operating in the airspace described in Sec.  91.225 of the rule have
ADS-B Out technology operational by January 1, 2020. Additionally, the
final rule requires aircraft equipped with ADS-B Out technology to
transmit at all times, irrespective of the date of equipage. The final
rule did not include a national security or law enforcement exception
to the requirement that all aircraft that are equipped with ADS-B Out
must transmit ADS-B Out at all times, and the FAA noted that it was not
operationally feasible to assign different performance requirements
dependent on the nature of the operation. However, the FAA did state
that it would collaborate with the DoD and other federal agencies to
accommodate national defense missions while supporting the needs of all
other NAS users.
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    \2\ https://www.regulations.gov/docket?D=FAA-2007-29305.
    \3\ Automatic Dependent Surveillance-Broadcast (ADS-B) Out
Performance Requirements to Support Air Traffic Control (ATC)
Service, Final Rule, 75 FR 30193 (May 28, 2010).
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    Over the last few years, the rapid evolution of flight tracking
technology in the private sector has impaired the ability of Federal,
State and local government entities to successfully execute sensitive
missions for the purposes of national defense, homeland security,
intelligence and law enforcement when required to transmit ADS-B Out.
The FAA has hosted multiple interagency meetings to discuss ADS-B
security risk mitigations for sensitive flights. Interagency
participants included DOD, Department of Homeland Security (DHS),
Federal Bureau of Investigation (FBI), and other intelligence and law
enforcement entities. All interagency participants voiced strong
concerns about the negative impact to their respective missions from
public access to real time ADS-B flight identification and positional
data.
    Additionally, the FAA is aware of some instances where operating a
transponder or transmitting ADS-B Out would jeopardize the safe
execution of air traffic control functions. For example, when aircraft
are conducting formation flight, the close proximity of the aircraft to
each other causes distracting audio and visual alerts on a controller's
display. Controllers are able to silence these alerts, but are still
subject to multiple, overlapping information elements on the
controller's display that make it difficult to discern information.
    This rule will give the FAA the necessary flexibility to adjust its
air traffic control procedures to accommodate sensitive government
missions and otherwise ensure the safe execution of air traffic control
functions. The FAA expects this rule to maintain the safety and
efficiency of the NAS without negative effect on users.

IV. Discussion of the Rule

    This rulemaking amends Title 14, Code of Federal Regulations (CFR),
Sec.  91.225(f), to add exceptions to the requirement that each person
operating an aircraft equipped with ADS-B Out must operate such
equipment in the transmit mode at all times. Section 91.225, paragraph
(f), is revised to provide relief from the mandatory transmit
requirement for sensitive missions for the purposes of national
defense, homeland security, intelligence and law enforcement where
transmitting ADS-B Out would compromise safety or the security of the
mission. Paragraph (f) is further revised to allow ATC to direct
aircraft not to transmit if transmitting would jeopardize the safe
execution of air traffic control functions. This rulemaking also amends
14 CFR 91.215(c) to expressly allow ATC to direct aircraft to cease
transponder operations in situations where operating the transponder
would jeopardize the safe execution of ATC functions.

A. Exception for Aircraft Performing a Sensitive Mission for National
Defense, Homeland Security, Intelligence or Law Enforcement Purposes

    The FAA acknowledges that there will be some sensitive missions
conducted by Federal, State, or local governments that could be
compromised by sending flight data over ADS-B. Therefore, this
rulemaking allows the aircrew to disable ADS-B transmissions if the
aircraft is performing a sensitive mission for the purposes of national
defense, homeland security, intelligence or law enforcement and if
transmitting could reasonably be expected to compromise the security
security of the mission or pose a risk to the aircraft, crew, or people
and property in the air or on the ground.
    Aircraft that transmit in compliance with Sec.  91.225(f) may be
detectable by the general public using readily available and
inexpensive open source third party networked receivers. ADS-B Out
avionics transmit flight data information once per second, including
critical information such as the aircraft identification, Global
Positioning System position, velocity, and altitude. Independent third
party flight tracking software is capable of interpreting the raw ADS-B
Out data and presenting a graphical display of the aircraft's exact
flight path over the ground in real time.
    The proliferation of open source third party flight tracking
networks is generally not a concern for non-sensitive flight
operations, which comprise the overwhelming majority of total flight
operations. Commercial airlines, in particular, have embraced open
information sharing of their flight data since the late 1990s. However,
if the success of a sensitive flight mission is dependent on its
ability to operate undetected by the potential adversary or target, a
third party's ability to independently track who and where an aircraft
is in real time can pose a risk to the success of the mission, and, at
times, to the safety of the personnel and assets conducting the
mission.
    The operations security of a sensitive government mission is
considered compromised when an adversary is able to obtain critical
information about that mission because the adversary now has the
potential to use that critical information to prevent the successful
completion of the mission, including endangering the aircraft.
Specifically, special U.S. Federal flights, State or local government
flights, including contractual flights in support of those operations,
conducting sensitive missions, such as but not limited to, combat air
patrol, intercept, counter-drug, counter-terrorism, VIP transport,
homeland security, and border surveillance may be relieved from openly
broadcasting their identity and position over a link that is easily
received and resolved by third-party actors and the general public.
    The FAA will defer to each agency regarding whether a mission falls
under this exception, and determine whether transmitting would
compromise the operations security of the mission or pose a safety risk
to the aircraft, crew, or people and property in the air or on the
ground. Once the FAA receives a request to terminate broadcasting, the
FAA will issue authorizations to turn ADS-B Out off following an
assessment that the operations can be accommodated without any negative
impact on the safety and efficiency of

the NAS. The FAA will not make an independent assessment of national
security, homeland security, or law enforcement considerations. The
purpose of the rule is to allow law enforcement and other security
agencies to take appropriate measures to protect operational security
and the safety of their operators. The FAA expects that each agency
will establish its own policies and conduct its own assessment to
determine whether the mission should be excepted from the transmitting
requirement. Because this relief is being granted to support sensitive
security operations, however, the FAA anticipates that non-transmission
of ADS-B Out will not be routinely used by agencies that have been
granted this relief. The FAA further expects that each agency will
conduct this assessment on a broad mission set basis; there is no
intent for the FAA to administer ADS-B Out off authorizations on a
dynamic, per flight, per mission or per unit basis. The FAA believes
there will be no impact to safety or the efficient use of the NAS, and
as such per mission authorizations are unnecessary and could result in
disruption to sensitive operations that must be conducted with
immediacy. However, as with all operations in the NAS, ATC will
continue to monitor trends and changes that could impact safety and
will modify or amend authorizations to the extent that operations have
a negative effect.
    Once an agency has determined the broad mission sets that should be
excepted from the transmitting requirement using its internal policies
and assessment criteria, it must contact the FAA for authorization to
conduct these broad mission sets without transmitting. In order to
maintain both the security of the qualifying mission sets and the
safety of the NAS, the FAA must verify the following: Aircraft equipage
and the inclusion of that aircraft into existing FAA support and
protection processes for the classified and sensitive unclassified
missions conducted in the NAS. This verification is necessary to ensure
safe separation when qualifying mission sets are excepted from the
transmitting requirement. The FAA does not intend to coordinate ADS-B
Out off authorizations on a dynamic, per flight, per mission, or per
unit basis. Rather, the FAA expects coordination for ADS-B Out off
authorization to be handled at the highest possible agency organization
level. For instance, ADS-B Out off authorizations for DoD aircraft
should be handled at the DoD agency level, not at an individual service
level (i.e., Air Force, Army, Navy), and not at an individual unit
level (i.e., 89th Airlift Wing at Joint Base Andrews).
    To initiate the process, Federal, State and local government
organizations should contact FAA System Operations Security via email
at<EMAIL_ADDRESS>To facilitate timely response, government
organizations should ensure that the subject line of the email to<EMAIL_ADDRESS>contains ``ADS-B Authorization under 14 CFR
91.225(f)(1)'', and that the body of the email includes the government
organization point-of-contact name and contact information. Once a
Federal, State or local government entity receives authorization by
following the process listed above, it may conduct those operations for
which it received authorization without transmitting. The FAA will make
adjustments if there is an impact on air traffic control systems,
including ADS-B, or the NAS that makes such changes necessary.
    There may be some broad mission sets conducted by Federal, State,
or local governments that do not meet their internal assessment
determination for national security risk or risk to the aircraft, crew,
or people and property in the air or on the ground, but may still
require relief from the transmission requirement. In these situations,
an agency can still seek relief through the exemption process. As such,
the FAA recommends that agencies review exemptions where the FAA has
provided relief from current transponder requirements, as these current
exemptions will provide valuable guidance regarding how FAA will
consider additional requests in a way that does not compromise the
safety or efficient operation of the NAS. After review, an agency could
then request an amendment to those exemptions and add a request for
relief from the applicable ADS-B Out requirements under 14 CFR 91.225.
For example, the U.S. Navy and U.S. Air Force have exemptions for
transponder off areas. These exemptions could be amended to include
ADS-B Out relief, or an agency could petition the FAA to designate new
operational training areas exempt from the ADS-B transmitting
requirement. If no current exemptions exist, an agency could petition
for a new exemption under 14 CFR part 11. As in the case of the other
provisions of this rule, FAA does not believe that the use of such
exemptions should become routine, and should be limited to areas in
which such relief represents and integral mission need of the
requestor.

B. Exception To Preserve the Safe Execution of Air Traffic Control
Functions

    This rulemaking also excepts certain aircraft from operating a
transponder or transmitting ADS-B, when such transmissions would
compromise the safe execution of air traffic control functions as
determined by ATC. The exception allows ATC to direct aircraft not to
transmit only when ATC has determined that such transmissions would
compromise the safe execution of ATC functions.
    One instance during which aircraft operating a transponder or
transmitting ADS-B in accordance with Sec.  91.215(c) and Sec.
91.225(f), respectively, causes distracting alerts for air traffic
controllers is when all aircraft flying in formation are transmitting.
Formation flight involves more than one aircraft which, by prior
arrangement between the pilots, operate as a single aircraft with
regard to navigation and position reporting to ATC. Separation between
aircraft within the formation is the responsibility of the flight lead
and the pilots of the other aircraft in the flight. This includes
transition periods when aircraft within the formation are maneuvering
to attain separation from each other to effect individual control, and
during join-up and breakaway. A standard formation is one in which a
proximity of no more than 1 mile laterally or longitudinally and within
100 feet vertically from the flight leader is maintained by each
wingman.\4\ Formation flying is used by both military and civilian
pilots.
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    \4\ Aeronautical Information Manual, Pilot/Controller Glossary.
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    During formation flight, the close proximity of aircraft and their
data/identification tags displayed on the radar display can, at a
minimum, clutter the ATC display making it hard for ATC to determine
the exact location of the aircraft to provide appropriate separation
from other aircraft. Additionally, an air traffic controller will
receive repeated audio and visual alerts (flashing data tag) that
aircraft are within close proximity to each other. These alerts can
distract controllers and redirect their attention to aircraft with
approved separation and away from other instances where the controller
may need to provide control instruction to maintain necessary
separation. In these cases, once aircraft are ``joined up'' as a
flight, it is in the best interest of flight safety to direct
subsequent ``wingmen'' in the flight to squawk stand-by or stop squawk
since control instructions are provided to only the lead and there are
established

separation minima from formation flights. In the instance of non-
standard formation, it is general practice to have the lead aircraft
squawk, along with the trail/last aircraft, a subset beacon code with
altitude. In order to minimize these conflicting or overlapping data
reports, this rule allows ATC to direct only the lead aircraft flying
in formation to transmit ADS-B or operate his or her transponder.
    The previous example illustrates one instance the FAA has
identified where operating a transponder or transmitting ADS-B
jeopardizes the safe execution of air traffic control functions. This
requirement should not be construed as requiring that all aircraft
equip such that the pilot can turn ADS-B transmission off. Rather, this
requirement provides ATC with the flexibility to direct pilots to turn
ADS-B or transponder equipment off in certain situations. If a pilot is
directed to turn ADS-B off, and is unable to do so, ATC will work with
the pilot to determine a safe alternative course of action. Ultimately,
this rule allows a controller to direct pilots to turn off ADS-B or
transponder equipment if ATC determines that leaving the equipment on
would jeopardize the safe execution of air traffic control functions.
The FAA expects operators to continue using the exemption process for
operations that do not meet the safe execution of air traffic control
functions standard included in this rule.

V. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354),
as codified in 5 U.S.C. 603 et seq., requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (Pub. L. 96-39), as amended, 19 U.S.C. Chapter 13,
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, the Trade Agreements Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), as codified in 2 U.S.C. Chapter 25, requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995).
    In conducting these analyses, the FAA has determined that this
interim final rule has benefits that justify its costs. This rule is a
significant regulatory action, as defined in section 3(f) of Executive
Order 12866, as it raises novel policy issues contemplated under that
Executive Order. As notice and comment under 5 U.S.C. 553 are not
required for this interim final rule, the regulatory flexibility
analyses described in 5 U.S.C. 603 and 604 regarding impacts on small
entities are not required. This rule will not create unnecessary
obstacles to the foreign commerce of the United States. This rule will
not impose an unfunded mandate on State, local, or tribal governments,
or on the private sector, by exceeding the threshold identified
previously.

A. Regulatory Evaluation

    Prior to initiating this interim final rule, the FAA considered
three alternatives, all of which were deemed inadequate because they
failed to meet sensitive U.S. Government operations security needs,
were deemed untimely with regard to implementation prior to January 1,
2020, or may result in higher costs than this rule.
    The first alternative to this rule that was considered was masking
the identity of a sensitive aircraft while still transmitting ADS-B
Out. In this scenario, third parties would still be able to receive
ADS-B Out data on the aircraft's precise location/track, velocity, and
altitude. DoD aircraft routinely enter and exit Special Use Airspace,
so third parties can reasonably assume that ADS-B tracks entering and
exiting Special Use Airspace are associated with DoD aircraft, thus
rendering the masked identity ineffective. Likewise, low altitude
surveillance conducted by Federal agencies or state/local law
enforcement agencies has a distinctive track/flight pattern that also
renders the masked identity ineffective. In addition, FAA held a face-
to-face meeting with interagency participants on June 30, 2017, and
asked interagency participants whether masking would be a sufficient
alternative to address their operations security concerns (OPSEC).
Interagency representatives unanimously stated that masking was
insufficient; their preferred solution to mitigate operational security
issues was authority to turn ADS-B Out off.
    The second alternative considered by the FAA was encryption of the
ADS-B Out transmissions for sensitive aircraft; however, no encryption
solution currently exists. The FAA will monitor technological advances
and consider using future technological solutions that could be
feasible alternatives, including encryption.
    The third alternative considered by the FAA is the use of the
exemption process for agencies to petition the FAA for authority to
turn ADS-B Out off. For this alternative, the technical solution is the
same as the technical solution for this rule; however it is less
efficient. The exemption process would require review by multiple FAA
offices, instead of review by the one FAA office designated by this
rule. Review by multiple FAA offices and the requirement to publish
certain information for each exemption in the Federal Register would
increase overall FAA processing time for each request. Finally, the
exemption process requires agencies to submit their requests to the FAA
at least 120 days in advance of the date they need the exemption to be
in place.
    This interim final rule allows the FAA to except certain aircraft
from operating a transponder or transmitting ADS-B Out, when doing so
would compromise certain sensitive government missions or jeopardize
the safe execution of ATC functions. In both scenarios, the aircraft
will continue to rely on existing equipment to transmit with ATC
thereby maintaining safety of flight operations.
    In the first instance, to preserve the safety and security of
certain sensitive government missions, this rule excepts aircraft
performing missions for the purposes of national defense, homeland
security, intelligence or law enforcement from transmitting ADS-B Out
if transmitting out could reasonably be expected to compromise the
mission or pose a risk to the aircraft, crew, or people and property on
the ground. The FAA recognizes that the lack of encryption over the
ADS-B Out data link could compromise certain missions or put aircrew,
aircraft and personnel and property on the ground at risk. As
previously stated in this preamble, those agencies performing safety
and security sensitive missions will notify the FAA one-time at the
highest possible agency organizational level as opposed to on a
dynamic, per mission, per flight or per unit basis to exclude them from
the requirement.
    In the second instance, this rule excepts certain aircraft from
operating a transponder or transmitting ADS-B Out when transmitting
would compromise

the safe execution of air traffic services. At this time, the only
operation of which the FAA is aware that would jeopardize the safe
execution of air traffic control functions due to operating a
transponder or transmitting ADS-B Out requirements is formation flight.
Specifically, formation flight causes unnecessary and distracting
alerts on ATC displays when all aircraft performing the flight are
transmitting out. This rule allows the FAA to except certain aircraft
from operating a transponder or transmitting ADS-B Out when doing so
would jeopardize ATC functions.
    The FAA expects this interim final rule will have benefits that
justify its costs since it maintains the safety and security of certain
sensitive government missions and allows the FAA to except certain
aircraft from operating a transponder or transmitting ADS-B Out when
doing so would jeopardize ATC functions. In addition, affected aircraft
will continue to rely on existing equipment to transmit with ATC
thereby maintaining safety of flight operations.
    As stated above, the FAA does not expect this authority to be
routinely used by agencies that have been granted this relief. As such,
the FAA does not believe that this process will induce a significantly
greater volume of flights receiving permission to operate without ADS-B
Out broadcasting and will not reduce the general advantages conveyed by
ADS-B Out deployment in the U.S. airspace in terms of cost savings and
traffic management efficiency.
    The FAA also considered potential costs to the public. The FAA does
not believe permitting certain categories of missions from operating
without ADS-B Out broadcasting will reduce any of the benefits
identified in earlier ADS-B Out rulemakings related to other users of
the NAS, including safety and efficiency gains through improved
situational awareness to pilots voluntarily operating with ADS-B In. In
addition, the FAA does not foresee that the authorizations will
negatively impact unmanned aircraft system (UAS) integration efforts.
    This rule will provide unquantified cost savings by relieving
affected operators from applying for exemptions. In the absence of this
rule, operators seeking to be excepted from the requirement to operate
a transponder or transmit ADS-B Out would have to seek an exemption
from the FAA in the future. The cost savings associated with avoiding
applying for exemptions will accrue to both the FAA and the agencies
seeking exemptions. The FAA does not currently maintain data on the
number or type of flights receiving ADS-B Out broadcasting exemptions
through the existing exemption process, nor on the length of time it
takes agencies to request and receive an exemption and thus is unable
to quantify the value of any potential time savings.

B. Regulatory Flexibility Determination

    Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rule. Similarly, section 604 of the RFA requires an agency to prepare a
final regulatory flexibility analysis when an agency issues a final
rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. RFA analysis requirements are limited to
rulemakings for which the agency ``is required by section 553 or any
other law, to publish a general notice of proposed rulemaking for any
proposed rule.'' 5 U.S.C. 603(a). FAA found good cause for implementing
an immediate effective date. As prior notice and comment under 5 U.S.C.
553 are not required to be provided in this situation, the analyses in
5 U.S.C. 603 and 604 are not required.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this interim final rule and determined
that it will respond to a domestic safety objective and is not
considered an unnecessary obstacle to trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This interim final rule does not contain such a mandate;
therefore, the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    The FAA has determined that there would be no new information
collection associated with the revision to Sec.  91.225, paragraph (f),
to exempt certain ADS-B Out-equipped entities from the requirement to
transmit at all times.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these modified regulations.
    However, the FAA has recently learned that in 2018 the European
Aviation Safety Agency (EASA) has proposed changes to their ADS-B
requirements to accommodate the operations security needs of State
aircraft. The EASA final report proposes the following major change to
amend the existing implementing rule, (EU) 1206/2011 ACID IR:

    Add to point 3 of ANNEX II
    (d) State aircraft engaged on nationally sensitive operations or
training, that require security and confidentiality.

    This change would provide the opportunity for State aircraft
operators to revert back to Secondary Surveillance Radar (SSR) for such
categories of flights in order to prevent their flight data

information from becoming publicly available on internet platforms. The
EASA change for State aircraft is the same technical solution chosen by
the FAA for sensitive U.S. Government operators in this rule.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this interim final rule under the principles
and criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this interim final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use (May 18, 2001). The agency has determined
that it would not be a ``significant energy action'' under the
executive order and would not be likely to have a significant adverse
effect on the supply, distribution, or use of energy.

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This interim final rule is expected to be an E.O. 13771
deregulatory action. Details on the deregulatory effects of this rule
can be found in the Regulatory Evaluation section. This rule will
provide unquantified cost savings by relieving affected operators from
applying for exemptions. In the absence of this interim final rule,
operators seeking to be excepted from the requirement to operate a
transponder or transmit ADS-B Out would have to seek an exemption from
the FAA. The cost savings associated with avoiding applying for
exemptions will accrue to both the FAA and the operators seeking
exemptions. The FAA requests comment on this designation of the rule
for E.O. 13771 purposes.

VII. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Publishing Office's web page at https://govinfo.gov.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
    All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed from the
internet through the Federal eRulemaking Portal referenced in item (1)
above.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation Safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 20101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-56507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.215 by revising paragraph (c) to read as follows:

Sec.  91.215  ATC transponder and altitude reporting equipment and use.

* * * * *
    (c) Transponder-on operation. While in the airspace as specified in
paragraph (b) of this section or in all controlled airspace, each
person operating an aircraft equipped with an operable ATC transponder
maintained in accordance with Sec.  91.413 of this part shall operate
the transponder, including Mode C equipment if installed, and shall
reply on the appropriate code or as assigned by ATC, unless otherwise
directed by ATC when transmitting would jeopardize the safe execution
of air traffic control functions.
* * * * *

0
3. Amend Sec.  91.225 by revising paragraph (f) to read as follows:

Sec.  91.225  Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use.

* * * * *
    (f) Each person operating an aircraft equipped with ADS-B Out must
operate this equipment in the transmit mode at all times unless--

    (1) Otherwise authorized by the FAA when the aircraft is performing
a sensitive government mission for national defense, homeland security,
intelligence or law enforcement purposes and transmitting would
compromise the operations security of the mission or pose a safety risk
to the aircraft, crew, or people and property in the air or on the
ground; or
    (2) Otherwise directed by ATC when transmitting would jeopardize
the safe execution of air traffic control functions.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), 106(g),
40103, and 44701(a), in Washington, DC, on July 11, 2019.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-15248 Filed 7-17-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Notices]
[Page 22967]
[DOCID:fr28ap08-69]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1751-DR]

Arkansas; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-1751-DR), dated March 26, 2008, and
related determinations.

EFFECTIVE DATE: April 21, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of March 26, 2008.

    Conway, Garland, and Newton Counties for Individual Assistance
(already designated for Public Assistance.)
    Hot Spring and Washington Counties for Individual Assistance
(already designated for emergency protective measures [Category B],
limited to direct Federal assistance, under the Public Assistance
program.)
    Arkansas County for Public Assistance.
    Pulaski County for Public Assistance (already designated for
Individual Assistance.)
(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050 Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs, 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-9228 Filed 4-25-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Notices]
[Page 66419]
[FR Doc No: 2013-26486]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Seventy Sixth Meeting: RTCA Special Committee 147, Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment

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

ACTION: Meeting Notice of RTCA Special Committee 147, Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
Seventy Sixth meeting of RTCA Special Committee 147, Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment.

DATES: The meeting will be held December 10-12, 2013 from 9:00 a.m. to
5:00 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC, 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC, 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 147. The agenda will
include the following:

December 10

 Opening Plenary Session
     Chairmen's Opening Remarks
     Introductions
     Approval of Minutes from 75th meeting of SC 147
     Approval of Agenda
 Working Group Reports
 SC-147 Terms of Reference (ToRs)
     Scope, Deliverables and Schedule
     Coordination with other SCs
 EUROCAE Working Group (WG)-75 Status
     Status of Current Activities
 SESAR Activities/Work
     Status of Current Activities
 AVS Activities/Report
     TCAS II TSO-C119d/AC 20-151 () updates
 FAA TCAS Program Office
     Status of Current Activities
     ACAS X Concept Review
    [ssquf] ACAS X ConOps Overview
    [ssquf] System Overview
     Threat Resolution Module

December 11

 Continuation of FAA TCAS Program Office
     ACAS X Functional Architecture
     Verification & Validation Activities Overview
    [ssquf] System Validation
    [ssquf] TSIM X
    [ssquf] Certification Perspective
     2013 FAA Flight Test Quick-Look
     Operational Performance
     Program Handouts
 Working Group Realignment
     Proposed Structure
     WG Formulation/Chairs
     Roles & Responsibilities
 Committee Process
     Change Proposal (CP) process
     Envisioned Products
     Degrees of Freedom for Manufactures
 MOPS Development Issues
     Technical Approach
     Technical Content

December 12

 Working Group Stand-ups
     Scope/Organization of Work
     High-level Schedule/Milestones
     Technical Discussion
     Planning
    [ssquf] Initial Actions
    [ssquf] Scheduling of teleconferences, etc.
     Working Group Sign-up
 Other Business
 Action Items
 Time and Place of Next Meeting
 Plenary Adjourn
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC on October 29, 2013
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2013-26486 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-13-P


member or member organization, the Membership Department of the
Exchange shall provide such member or member organization (as
applicable) with reasonable written verification of its status as a
member or member organization. No member or member organization has
requested verification in recent history. This rule is obsolete and
unnecessary. No other Affiliated Exchanges have a similar provision. If
requested, the Exchange would provide such verification as a courtesy.
Current Phlx General 3, Section 9, Administration of Rules by
Membership Department
    The Exchange proposes to delete current Phlx General 3, Section 9,
Administration of Rules by Membership Department. This rule, which
simply states that the Membership Department shall administer General
3, is unnecessary. No other Affiliated Exchanges have a similar
provision.
Current Phlx General 3, Section 10, General Powers and Duties of
Membership Department
    The Exchange proposes to delete current Phlx General 3, Section 10,
General Powers and Duties of Membership Department.
    Current Phlx General 3, Section 10(a) indicates that the Membership
Department shall have jurisdiction over the issuance of memberships (in
respect of members and member organizations) and permits and over
applications by nonmembers for admission as members. The Membership
Department shall also have jurisdiction over the revocation of
memberships and permits. All applications for a membership or a permit,
all applications by non-members for admission as members, all
applications for reinstatement of any membership or permit suspended
for insolvency of its holder, and any application for readmission of a
person who has been expelled from the Exchange shall be referred to the
Membership Department for review and action. Proposed General 3, Rule
1013 makes clear that the Membership Department handles memberships.
Proposed General 3, Rule 1018 describes the resignation, reinstatement,
termination, and transfer of memberships. The Exchange proposes to
delete current Phlx General 3, Section 10(a) in light of the proposed
rules. No other Affiliated Exchanges have a similar provision.
    Current Phlx General 3, Section 10(b) provides that all
applications to qualify and register a corporation or other entity as a
member organization and all applications for reinstatement of any
qualification or registration of a member organization shall be
referred to the Membership Department which shall investigate and act
thereon. The Membership Department shall have supervision over member
corporation (and similar) arrangements, and copies of the articles of
incorporation, by-laws and all amendments thereto shall be filed with
the Membership Department for approval. Proposed General 3, Rule 1013
makes clear that all applications for membership are handled by the
Membership Department, which would include a corporation's request for
membership. The Exchange proposes to delete this rule as proposed
General 3, Rule 1013 would govern. Additionally, today, the Membership
Department does not collect articles of incorporation, by-laws and all
amendments to those documents on an on-going basis beyond a request
from the Membership Department associated with the application to
become a member. Any arrangements that a corporation may have in terms
of ``events'' would be handled by the Membership Department pursuant to
proposed General 3, Rule 1017(a). No other Affiliated Exchanges have a
similar provision.
    Current Phlx General 3, Section 10(c) provides for a situation
where a member organization's only officer who was a member of the
Exchange dies or resigns and the remaining officers may request the
Membership Department to permit the corporation to have the status of a
member organization for such period, not exceeding sixty (60) days from
the date of such death or resignation. The Membership Department in its
discretion may, at any time during such

period, withdraw such permission and upon such withdrawal such status
shall terminate. The Exchange notes that such a request has never been
made to the Membership Department in recent history and the Exchange
believes that such discretion is not necessary. No other Affiliated
Exchanges have a similar provision.
Current Phlx General 3, Section 11, Rights and Privileges of A-1
Permits
    Current Phlx General 3, Section 11, Rights and Privileges of A-1
Permits, is proposed to be relocated to new General 2, Section 23, with
one change within subparagraph (c)(ii) to update a rule citation from
General 3, Section 13(a) to General 3, Rule 1002(a). The rule would
retain the current title.
Current Phlx General 3, Section 12, Member and Member Organization
Participation
    Current Phlx General 3, Section 12, Member and Member Organization
Participation, is being relocated into Equity 2, Section 3, which is
currently reserved, and Options 2, Section 2, which is currently
reserved. The rules would retain the same title. The Exchange proposes
to amend proposed Equity 2, Section 3(a)(3) to remove references to
FBMS, which is related to options, and the collective definition of
``System''. The rule is otherwise being relocated to Equity 2, Section
3, without change. Nasdaq has a similar rule within Equity 2, Section
3. Also, the Exchange proposes to amend proposed Options 2, Section
2(a)(3) to remove references to PSX, which is related to equities, and
the collective definition of ``System''. The rule is otherwise being
relocated to Options 2, Section 3 without change.
Current Phlx General 3, Section 13, Qualification; Designation of
Executive Representative
    Current Phlx General 3, Section 13, Qualification; Designation of
Executive Representative, is being relocated to General 2, Section 10,
which is currently reserved. This rule is being relocated without
change. The current title would be retained.
Current Phlx General 3, Section 14, Transfer of Accounts
    The Exchange proposes to relocate General 3, Section 14, Transfer
of Accounts, to new General 2, Section 24, without change. The current
title would be retained.
Current Phlx General 3, Section 15, Certificate of Incorporation
    The Exchange proposes to delete current Phlx General 3, Section 15,
Certificate of Incorporation. This rule requires a certificate of
incorporation and by-laws of a proposed member organization to be filed
with the Membership Department and approved as well as other
authorization documents. Also, amendments to the certificate of
incorporation and by-laws of a member organization are required to be
reviewed by the Membership Department for approval. Phlx has not
approved amendments to the certificate of incorporation and by-laws of
a member organization. Proposed General 3, Rule 1013 includes a list of
required documentation which may include a certificate of incorporation
and by-laws, if requested by the Membership Department. The Exchange
proposes to delete current Phlx General 3, Section 15 because it is
redundant and unnecessary.
Conclusion
    The amendments proposed herein will allow the Exchange to harmonize
its membership rules and processes with those of Nasdaq and other
Affiliated Exchanges. These amendments will provide uniform criteria
across the Affiliated Exchanges for membership qualifications and a
consistent process across the Affiliated Exchanges for processing
membership applications. The proposal will also provide for full
membership reciprocity between the Affiliated Exchanges so that a
member of one Affiliated Exchange would receive expedited treatment in
applying for membership on any other Affiliated Exchange. Similarly,
harmonized membership rules and processes will benefit Exchange
Applicants, members and member organizations by establishing consistent
membership requirements and processes that must be followed to apply
for membership on the Exchange.
    Moreover, as to the Exchange itself, the proposed changes described
herein will render the Exchange's membership rules and processes
clearer, better organized, simpler, and easier to comply with. Again,
such changes will provide benefits both to the Exchange's Membership
Department and to Exchange Applicants.
    The proposed membership rules and processes are similar to the
existing rules and process, and where there are differences between the
new and old processes, the Exchange believes that the new process does
not disadvantage its members, member organizations or Associated
Persons. To the contrary, the Exchange believes that the new rules and
processes will benefit all parties as it again provides greater
clarity, simplicity, and efficiency than the retired rules and
processes.
Implementation
    As noted in footnote 3 above, the Exchange's proposed rule change
will not become effective unless and until the Commission approves the
exemption request. To facilitate an orderly transition from the
existing rules under the General 3 title and the Nasdaq Membership
Rules to be incorporated by reference, the Exchange is proposing to
apply the existing Rules to all applications which have been submitted
to the Exchange (including applications that are not yet complete) and
are pending approval prior to the operative date. The Exchange also
will apply the existing Rules to any appeal of an Exchange membership
decision or any request for the Board to direct action on an
application pending before the Exchange Review Council, the Board, or
the Commission, as applicable. As a consequence of this transition
process, the Exchange will retain the existing processes during the
transition period until such time that there are no longer any
applications or matters proceeding under the existing rules. To
facilitate this transition process, the Exchange will retain a
transitional rulebook that will contain the Exchange's membership rules
as they are at the time that this proposal is filed with the
Commission. This transitional rulebook will apply only to matters
initiated prior to the operational date of the changes proposed herein
and it will be posted to the Exchange's public rules website. When the
transition is complete, the Exchange will remove the transitional
rulebook from its public website.
    The Exchange will announce and explain this transition process in a
regulatory alert.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\48\ in general, and furthers the objectives of Section
6(b)(5) and of the Act,\49\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. It is also consistent with Section 6(b)(7) of the Act in that
it provides for a fair

procedure for denying Exchange membership to any person who seeks it,
barring any person from becoming associated with an Exchange member or
member organization, and prohibiting or limiting any person with
respect to access to services offered by the Exchange or a member or
member organization thereof.\50\
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78f(b).
    \49\ 15 U.S.C. 78f(b)(5).
    \50\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

    As a general matter, the Exchange believes that its proposal to
delete its existing membership rules, incorporate by reference the
Nasdaq Membership Rules, and other related changes will promote a free
and open market, and will benefit investors, the public, and the
markets, because the new rules will be clearer, better organized, and
simpler, and will enhance consistency for membership procedures across
all of Nasdaq's Affiliated Exchanges.
    The proposal is just and equitable because it will render the
Exchange's membership rules easier for Applicants, members and member
organizations to read and understand, including by doing the following:
     Establishing a ``roadmap'' paragraph as shown in proposed
General 3, Rule 1014(a) that sets forth the basic authority of the
Membership Department to approve, approve with conditions, or deny
applications for membership before the Rule goes on to enumerate
criteria for the Membership Department to apply when taking each of
those actions;
     Making the titles of the rules more accurate and
descriptive (e.g., proposed General 3, Rule 1014(b));
     Grouping logically-related provisions together in the
rules (e.g., provisions governing resignation, termination, transfer,
and reinstatement of membership; recusals and disqualifications);
     Clarifying when the Membership Department will deem an
application to be filed (when the application is ``substantially
complete,'' as set forth in proposed General 3, Rule 1013(a)(2)) and by
requiring the Membership Department to notify an Applicant in writing
of the filing date;
     Clarifying what the Exchange means when it states that an
Applicant may ``waive-in'' to Exchange membership (as set forth in
proposed General 3, Rule 1013(b)); and
    The proposal will also make compliance with the membership rules
simpler and less burdensome for Applicants, members and member
organizations by, codifying the below practices which are not currently
specified within the rules:
     Eliminating obsolete requirements to submit paper articles
of incorporation and by-laws, pursuant to Phlx General 3, Section
10(b), unless requested;
     Permitting electronic filing of applications (proposed
General 3, Rule 1012(a)(1));
     Allowing payment of application fees by means other than
paper check (proposed General 3, Rule 1013(a)(1)(C)); and
     Harmonizing Phlx's disparate procedures under proposed
General 3, Rules 1013 and 1017 for filing, evaluating, and responding
to initial membership applications and applications for approval of
business changes as compared to the Affiliated Exchanges.
    Finally, the proposal will also make compliance with the membership
rules simpler and less burdensome for Applicants, members and member
organizations by, for example, detailing the circumstances in which an
Applicant may waive-into Exchange membership to include the Applicant's
membership in any of the Affiliated Exchanges and defining procedures
for processing and responding to waive-in applications (proposed
General 3, Rule 1013(b)).
    In sum, the foregoing changes will update, rationalize, and
streamline the Exchange's membership rules and processes, and enhance
consistency with membership rules and processes of the Affiliated
Exchanges, all to the benefit of Applicants, members and member
organizations. Moreover, these changes will not adversely impact the
rights of Applicants, members or member organizations to appeal adverse
Membership Department decisions under these Rules or to request Board
action to compel the Membership Department to render decisions on
applications.
    Last, the Exchange believes that its proposal to phase-in the
implementation of the new membership rules and processes is consistent
with Section 6(b)(7) of the Act \51\ because both the current and
proposed processes provide fair procedures for granting and denying
applications for becoming an Exchange member or member organization,
becoming an Associated Person, and making material changes to the
business operations of a member or member organization. The Exchange is
proposing to provide advanced notice of the implementation date of the
new processes, and will apply the new processes to new applications,
appeals, and requests for Board action that are initiated on or after
that implementation date.\52\ Any application, appeal, or request for
Board action initiated prior to the implementation date will be
completed using the current processes. As a consequence, the Exchange
will maintain a transitional rulebook on the Exchange's public rules
website which will contain the Exchange Rules as they are at the time
of filing this rule change. These transitional rules will apply
exclusively to applications, appeals, and requests for Board action
initiated prior to the implementation date. Upon conclusion of the last
decision on a matter to which the transitional rules apply, the
Exchange will remove the defunct transitional rules from its public
rules website. Thus, the transition will be conducted in a fair,
orderly, and transparent manner. Lastly, the proposed transition
process is the same process that Nasdaq and other Affiliated Exchanges
implemented during its transition to new membership rules.
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 78f(b)(7).
    \52\ See footnote 3 above. Additionally, the Exchange will issue
a regulatory alert to provide members and member organizations
notice of this rule change and the implementation date.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not expect
that its proposed changes to the membership rules will have any
competitive impact on its existing or prospective membership. The
proposed changes will apply equally to all similarly situated
Applicants, members and member organizations and they will confer no
relative advantage or disadvantage upon any category of Exchange
Applicant, member, or member organization. Moreover, the Exchange does
not expect that its proposal will have an adverse impact on competition
among exchanges for members; to the contrary, the Exchange hopes that
by clarifying, reorganizing, and streamlining its membership rules and
enhancing consistency across all Nasdaq Affiliated Exchanges, the
Exchange's membership process will be less burdensome for Applicants,
members, and member organizations. Also, the proposal will improve
Phlx's competitive standing relative to other exchanges by expanding
its waive-in process to all Affiliated Exchanges, not just Nasdaq and
BX, as well as FINRA members, thereby simplifying the process for
additional market participants to become a Phlx member or member
organization.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \53\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\54\
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \54\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Phlx-2022-28 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-Phlx-2022-28. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2022-28 and should be submitted on
or before August 3, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\55\
---------------------------------------------------------------------------

    \55\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14885 Filed 7-12-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76045-76047]
[FR Doc No: 2015-30783]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

TUV SUD America Inc.: Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of TUV SUD
America Inc. for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before December 22, 2015.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2007-0043). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to

read or download through the Web site. All submissions, including
copyrighted material, are available for inspection at the OSHA Docket
Office. Contact the OSHA Docket Office for assistance in locating
docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before December 22, 2015 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that TUV SUD America Inc. (TUVAM) is applying for expansion of
its current recognition as an NRTL. TUVAM requests the addition of one
recognized testing and certification site and fifteen test standards to
its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in Title 29, Code of Federal Regulations,
Section 1910.7 (29 CFR 1910.7). Recognition is an acknowledgment that
the organization can perform independent safety testing and
certification of the specific products covered within its scope of
recognition, and is not a delegation or grant of government authority.
Recognition enables employers to use products approved by the NRTL to
meet OSHA standards that require product testing and certification.
    The Agency processes applications by an NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including TUVAM, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition has three elements: (1) The type
of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that has/have the
technical capability to perform the product testing and product-
certification activities for test standards within the NRTL's scope;
and (3) the supplemental program(s) that the NRTL may use. Each of
these elements allows the NRTL to rely on other parties to perform
activities necessary for product testing and certification.
    TUVAM currently has three facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
TUD SUD America, Inc., 10 Centennial Drive, Peabody, MA 01960. A
complete list of TUVAM sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

II. General Background on the Application

    TUVAM submitted an application, dated October 16, 2014 (Exhibit 15-
3, Application to Add Test Site and Test Standards, OSHA-2007-0043), to
expand its recognition to include the addition of one recognized
testing and certification site located at: TUV SUD, 1229 Ringwell
Drive, Newmarket, ON, L3Y 8T8, Canada. Additionally, this application
seeks to expand its recognition to include fifteen additional test
standards. OSHA staff also performed an on-site review of TUVAM's
testing facilities in Newmarket, ON Canada on July 14-15, 2015, during
which the assessors found some nonconformances with the requirements of
29 CFR 1910.7. TUVAM addressed these issues sufficiently, and OSHA
staff preliminarily determined that OSHA should grant the application.
    Table 1 below lists the appropriate test standards found in TUVAM's
application for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                    TUVAM's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2202...........................  Standard for Electric Vehicle (EV)
                                     Charging System Equipment.
ANSI Z83.8........................  Gas Unit Heaters, Gas Utility
                                     Heaters and Gas-Fired Duct
                                     Furnaces.
ANSI Z21.13.......................  Gas-Fired Low Pressure Steam and Hot
                                     Water Boilers.
UL 795............................  Standard for Commercial-Industrial
                                     Gas Heating Equipment.
UL 726............................  Standard for Oil-Fired Boiler
                                     Assemblies.
UL 727............................  Standard for Oil-Fired Central
                                     Furnaces.
ANS Z21.10.3......................  Gas-Fired Water Heaters--Volume III,
                                     Storage Water Heaters With Input
                                     Ratings Above 75,000 BTU Per Hour,
                                     Circulating and Instantaneous.
UL 484............................  Standard for Room Air Conditioners.
UL 705............................  Standard for Power Ventilators.
UL 1812...........................  Standard for Ducted Heat Recovery
                                     Ventilators.
UL 1815...........................  Standard for Non-ducted Heat
                                     Recovery Ventilators.
UL 412............................  Standard for Refrigeration Unit
                                     Coolers.
UL 1042...........................  Standard for Electric Baseboard
                                     Heating Equipment.
UL 1996...........................  Standard for Electric Duct Heaters.
UL 2021...........................  Standard for Fixed and Location-
                                     Dedicated Electric Room Heaters.
------------------------------------------------------------------------

III. Preliminary Finding on the Application

    TUVAM submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application file and its
detailed on-site assessment indicate that TUVAM can meet the
requirements prescribed by 29 CFR 1910.7 for expanding its recognition
to include the addition of one site and fifteen standards for NRTL
testing and certification. This preliminary finding does not constitute
an interim or temporary approval of TUVAM's application.
    OSHA welcomes public comment as to whether TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2007-0043.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant TUVAM's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 2, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-30783 Filed 12-4-15; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: November 21, 2005 (Volume 70, Number 223)]
[Notices]
[Page 70087]
[DOCID:fr21no05-66]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1610-DR]

New Hampshire; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Hampshire (FEMA-1610-DR), dated October
26, 2005, and related determinations.

DATES: Effective October 26, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 26, 2005, the President declared a major disaster under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of New Hampshire, resulting from severe storms and flooding on
October 7-18, 2005, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206
(the Stafford Act). Therefore, I declare that such a major disaster
exists in the State of New Hampshire.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas; and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and the Other Needs
Assistance under Section 408 of the Stafford Act will be limited to
75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Acting Director, under
Executive Order 12148, as amended, Peter Martinasco, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
disaster.
    I do hereby determine the following areas of the State of New
Hampshire to have been affected adversely by this declared major
disaster:

    Cheshire, Grafton, Hillsborough, Merrimack, and Sullivan
Counties for Individual Assistance.
    Belknap, Cheshire, Hillsborough, Merrimack, and Sullivan
Counties for Public Assistance.
    All counties within the State of New Hampshire are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program--Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Director, Federal Emergency Management Agency.
[FR Doc. 05-22957 Filed 11-18-05; 8:45 am]

BILLING CODE 9110-10-P