[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Proposed Rules]
[Pages 28914-28915]
[FR Doc No: 2011-12309]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0518; Directorate Identifier 2010-NM-150-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and
F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes
(Collectively Called A300-600 Series Airplanes); and Model A310 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD was prompted by events of
excessive rudder pedal inputs and consequent high loads on the vertical
stabilizer on several airplanes. High loads on the vertical stabilizer
that exceed ultimate design loads could cause failure of the vertical
stabilizer and consequent reduced controllability of the airplane. The
proposed AD would require actions that are intended to address this
unsafe condition.

DATES: We must receive comments on this proposed AD by July 5, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 425-
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0518;
Directorate Identifier 2010-NM-150-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of events of excessive rudder pedal inputs
that resulted in high vertical stabilizer loads on Airbus Model A300-
600 and A310 series airplanes. In one case, the in-flight separation of
the vertical stabilizer resulted from loads beyond ultimate design that
were created by the pilot making excessive rudder pedal reversals. In
another incident, during stall recovery, the airplane accelerations
were so high that the rudder travel limiter was not capable of
appropriately limiting rudder travel. Rudder pedal inputs in this case
also resulted in high vertical stabilizer loads. Contributing to these
rudder pedal inputs were characteristics of the rudder system design.
Rudder pedal sensitivity on Model A300-600 and A310 series airplanes is
greater than that of other transport category airplane designs. Such
rudder control sensitivity could result in rudder over-control and
contribute to hazardous rudder pedal inputs such as rudder reversals.
Hazardous rudder pedal inputs could result in loads that exceed
ultimate design loads, potentially causing failure of the vertical
stabilizer and consequent reduced controllability of the airplane.
    Currently, there are no service instructions to address this unsafe
condition. However, one option under consideration consists of a
modification to the rudder control system that is called the pedal
travel limiter unit (PTLU). The PTLU limits rudder pedal stroke and
allows the yaw damper to decrease the rudder deflection. The PTLU also
provides limiting rates that ensure that rudder travel is appropriately
limited during high acceleration maneuvers. Other potential design
changes are also under review. We anticipate that one of these design
changes will be approved within three years and will meet the
requirements of this proposed AD.

FAA's Determination and Requirements of This Proposed AD

    These airplanes are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
    We are proposing this AD because we evaluated all relevant
information and determined that the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.
    The proposed AD would require actions to address this unsafe
condition.

Costs of Compliance

    We estimate that this proposed AD would affect 215 airplanes of
U.S. registry.
    One way, but not the only way, to modify the rudder control system
is to install a PTLU. The following table provides the estimated costs
for U.S. operators to comply with this proposed AD if a PTLU is
installed based on preliminary information provided by the
manufacturer.

                                      Estimated Costs for PTLU Installation
----------------------------------------------------------------------------------------------------------------
                                                   Average labor                     Cost per
                   Work hours                      rate per hour       Parts          product       Fleet cost
----------------------------------------------------------------------------------------------------------------
100.............................................             $85        $190,000        $198,500     $42,677,500
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA 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. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2011-0518; Directorate Identifier 2010-NM-
150-AD.

Comments Due Date

    (a) We must receive comments by July 5, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 B4-601, B4-603, B4-
620, and B4-622 airplanes; A300 B4-605R and B4-622R airplanes; A300
F4-605R and F4-622R airplanes; A300 C4-605R Variant F airplanes; and
A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes;
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Unsafe Condition

    (e) This AD was prompted by events of excessive rudder pedal
inputs and consequent loads on the vertical stabilizer that exceed
ultimate design loads. Such events could lead to failure of the
vertical stabilizer and consequent reduced controllability of the
airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Modification

    (g) Within 48 months after the effective date of this AD,
incorporate a design change to the rudder control system and/or
other systems to address the unsafe condition identified in
paragraph (e) of this AD, in accordance with a method approved by
the Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in the Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

Related Information

    (i) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 26, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-12309 Filed 5-18-11; 8:45 am]
BILLING CODE 4910-13-P


PAPERWORK REDUCTION ACT SUBMISSION 1. Agency/ Subagency originating request EPA/ Office of Solid Waste and Emergency Response/ Office of Solid Waste 2. OMB control number b.

None a. 2050 0024 3. Type of information collection ( check one)

a. New collection

b. Revision of a currently approved collection X  c. Extension of a currently approved collection

d. Reinstatement, without change, of a previously approved collection for which approval has expired

e. Reinstatement, with change, of a previously approved collection for which approval has expired

f. Existing collection in use without an OMB control number 4. Type of review requested ( check one) X  a. Regular

b. Emergency

c. Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities?

Yes X  No 6. Requested Expiration Date X  a. Three years from the approval date

b. Other 7. Title 2005 Hazardous Waste Report ( Renewal)

8. Agency form number( s) ( If applicable) ICR # 0976.12; EPA Form 8700 13A/ B 9. Keywords Hazardous Waste, Waste Treatment and Disposal, Reporting and Recordkeeping Requirements , Information, State and Local Governments 10. Abstract RCRA requires large quantity hazardous waste generators and treatment, storage, and disposal facilities ( TSDF's) to submit a report every other year ( the Biennial Report) on the quantity, composition, and disposition of hazardous wastes they generate or receive for treatment, storage, or disposal. To implement these provisions, EPA issued the Biennial Report regulations, found in 40 CFR parts 262.40( b) and ( d); 262.41( a)( 1 5), ( a)( 8), and ( b); 264.75( a)( e) and ( j); 265.75( a)( e) and ( j); and 270.30( l)( 9). Generators and TSDFs must submit the Biennial Report forms by March 1 of every even numbered year for their hazardous waste activities in the previous ( odd numbered) year. Through the Biennial Report forms and instructions, EPA tells generators and TSDFs what information they must provide.

11. Affected public

a. Individuals or households P  b. Business or other for profit

c. Not for profit institutions

d. Farms X

e. Federal Government X  f. State, Local or Tribal Government 12. Obligation to respond

a. Voluntary

b. Required to obtain or retain benefits P  c. Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 9,106 b. Total annual responses 569,273 1. Percentage of these responses collected electronically 90 % c. Total annual hours requested 166,297 d. Current OMB inventory 196,976 e. Difference ( 30,679) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 30,679) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 30 c. Total annualized cost requested $ 30 d. Current OMB inventory $ 25 e. Difference $ 5 f. Explanation of difference 1. Program change $ 0 2. Adjustment $ 5 15. Purpose of information collection

a. Application for benefits X  b. Program evaluation

c. General purpose statistics

d. Audit X

e. Program planning or management X  f. Research P  g. Regulatory or compliance 16. Frequency of recordkeeping or reporting ( check all that apply) X  a. Recordkeeping

b. Third party disclosure X  c. Reporting

1. On occasion Q 2. Weekly Q 3. Monthly Q 4. Quarterly Q 5. Semi annually Q 6. Annually X  7. Biennially Q 8. Other ( describe )

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X  No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Dave Levy Phone: 703 308 8479 Email: levy. dave@ epa. gov Mail: 5302W OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official James R. Berlow, Director Hazardous Waste Minimization and Management Division Office of Solid Waste Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95


[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55926-55927]
[FR Doc No: 2020-19962]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Adoption of Environmental Assessment for Long Range
Discrimination Radar Performance Testing, Clear Air Force Station,
Alaska, and Finding of No Significant Impact and Record of Decision for
Temporary Flight Restrictions.

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

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the FAA's Adoption
of Missile Defense Agency Environmental Assessment for Long Range
Discrimination Radar (LRDR) Performance Testing, Clear Air Force
Station (CAFS), Alaska, and Finding of No Significant Impact and Record
of Decision for Temporary Flight Restrictions in the Vicinity of CAFS
for LRDR Performance Testing. This document sets forth: (1) The FAA's
adoption of the Missile Defense Agency's (MDA) Environmental Assessment
for Long Range Discrimination Radar (LRDR) Performance Testing, Clear
Air Force Station (CAFS), Alaska; (2) the FAA's finding that no
significant environmental effects would result from two proposed
temporary flight restrictions (TFRs) the FAA would issue to protect
aviation from high-intensity radiated fields generated during the LRDR
performance testing; and (3) the FAA's decision to approve the TFRs.

FOR FURTHER INFORMATION CONTACT: Paula Miller, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    MDA prepared a Final Environmental Assessment (FEA) for performance
testing of a LRDR at CAFS, Alaska. The FEA includes analysis of the
potential environmental effects of two TFRs that

would be issued by the FAA pursuant to Title 14, Code of Federal
Regulations, Section 99.7, Special Security Instructions, to protect
aviation from high-intensity radiated fields generated by the LRDR
during the testing. MDA provided a Preliminary FEA for public review
from May 4, 2020, to June 2, 2020, and three comments were received.
The FEA was issued in July 2020, and MDA and the Department of the Air
Force (DAF) issued their Finding of No Significant Impact (FONSI) on
July 24, 2020.\1\
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    \1\ The FEA and the MDA/DAF FONSI are posted on MDA's website at
https://www.mda.mil/system/lrdr/.
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    The LRDR performance testing would occur for 16 hours a day
(specific times to vary by time of year) for 12 to 18 months. During
the testing hours, the larger of the two TFRs, which would apply in an
area defined as Zone 1 in the FEA, would be continuous (active every
day during the testing period); and the other TFR, which would apply in
an area defined as in Zone 2 in the FEA, would be non-continuous,
active for two hours a day (Tuesdays, Thursdays, and Saturdays, from
2:00 a.m. to 4:00 a.m. local Alaska time). During the activation hours
of the TFRs, the existing instrument flight rules arrival and departure
procedures at Healy River Airport, and emergency aircraft and medical
evacuation flights into and out of Clear Airport, would be available
through processes defined in a Letter of Agreement between MDA, CAFS,
and the FAA. Also, the FAA would provide notice (via Notices to Airmen
[NOTAMs]) of: (1) The unavailability of affected approach procedures at
Ted Stevens Anchorage International Airport (ANC); and (2) the
unavailability of affected portions of airways V-436 and J-125.
    In accordance with regulations of the Council on Environmental
Quality (CEQ) implementing the National Environmental Policy Act of
1969 (NEPA), and FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, the FAA participated as a cooperating agency on the FEA. In
that capacity, the FAA coordinated closely with MDA, provided subject
matter expertise, and participated actively in the FEA's preparation.
    Consistent with CEQ guidance, FAA Order 1050.1F provides that the
FAA may adopt another agency's Environmental Assessment (EA) for the
purpose of compliance with NEPA. To do so, the FAA must determine,
based on an independent evaluation, that the other agency's EA: (1)
Adequately addresses the FAA's action; and (2) meets the applicable
standards in FAA Order 1050.1F and CEQ's regulations implementing NEPA.
    After independently evaluating the FEA, the FAA has determined that
the document adequately addresses the proposed TFRs and meets the
applicable standards in FAA Order 1050.1F and CEQ's regulations
implementing NEPA. Accordingly, the FAA has adopted the FEA. Based on
the information and analysis in the FEA, the FAA has found that the
TFRs would not significantly affect the human environment and therefore
do not require preparation of an environmental impact statement under
NEPA. After considering this and other relevant factors, the FAA has
decided to approve the TFRs.

Notice of Availability

    The FAA's adoption of the FEA, its finding of no significant
environmental impact, and its decision on the TFRs are documented in
Adoption of Missile Defense Agency Environmental Assessment for Long
Range Discrimination Radar (LRDR) Performance Testing, Clear Air Force
Station, Alaska (CAFS) and Finding of No Significant Impact and Record
of Decision for Temporary Flight Restrictions in the Vicinity of CAFS
for LRDR Performance Testing (Adoption/FONSI/ROD). This document and
the FEA are available upon request by contacting Paula Miller at:
Airspace Policy and Regulations Group, Office of Airspace Services,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

Right of Appeal

    The FAA's Adoption/FONSI/ROD constitutes a final order of the FAA
Administrator and is subject to exclusive judicial review under 49
U.S.C. 46110 by the U.S. Circuit Court of Appeals for the District of
Columbia or the U.S. Circuit Court of Appeals for the circuit in which
the person contesting the decision resides or has its principal place
of business. Any party having substantial interest in this order may
apply for review of the decision by filing a petition for review in the
appropriate U.S. Court of Appeals no later than 60 days after the order
is issued in accordance with the provisions of 49 U.S.C. 46110. Any
party seeking to stay implementation of the Record of Decision must
file an application with the FAA prior to seeking judicial relief as
provided in Rule 18(a) of the Federal Rules of Appellate Procedure.

    Issued in Des Moines, WA, on September 3, 2020.
Maria A. Aviles,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-19962 Filed 9-9-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4539-4540]
[FR Doc No: 2018-01933]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0252]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt two individuals from
the requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have
``no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to cause loss of consciousness or
any loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on December 28, 2017. The
exemptions expire on December 28, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: 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 http://www.regulations.gov,

as described in the system of records notice (DOT/ALL-14 FDMS), which
can be reviewed at http://www.dot.gov/privacy.

II. Background

    On November 27, 2017, FMCSA published a notice announcing receipt
of applications from two individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public 82 FR 56108. The public comment
period ended on December 27, 2017, and zero comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to or greater than the level that would be
achieved by complying with the current regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received zero comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to achieve an equivalent or
greater level of safety than would be achieved without the exemption.
The exemption allows the applicants to operate CMVs in interstate
commerce.
    In reaching the decision to grant these exemption requests, FMCSA
considered the 2007 recommendations of the Agency's Medical Expert
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations which is the criteria the
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s) and
medical information about the applicant's seizure history, the length
of time that has elapsed since the individual's last seizure, the
stability of each individual's treatment regimen and the duration of
time on or off of anti-seizure medication. In addition, the Agency
reviewed the treating clinician's medical opinion related to the
ability of the driver to safely operate a CMV with a history of seizure
and each applicant's driving record found in the Commercial Driver's
License Information System (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). For non-CDL
holders, the Agency reviewed the driving records from the State
Driver's Licensing Agency (SDLA). A summary of each applicant's seizure
history was discussed in the November 27, 2017 Federal Register notice
82 FR 56108 and will not be repeated in this notice.
    These two applicants have been seizure-free over a range of 11
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last two years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the two-year exemption period; (2) each driver must submit
annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the two exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited
above: David W. Pamperin (WI); Sury L. Seijas (CT).
    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be
valid for two years from the effective date unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.

    Issued on: January 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01933 Filed 1-30-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44945-44946]
[FR Doc No: 2013-17898]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1990-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Amendment--Docket No. ER13-1990--Attachment T
Revisions to be effective 9/30/2013.
    Filed Date: 7/18/13.
    Accession Number: 20130718-5103.
    Comments Due: 5 p.m. ET 8/8/13.

    Docket Numbers: ER13-1991-000.
    Applicants: Desert Sunlight 250, LLC.
    Description: Desert Sunlight 250, LLC Application for Market-Based
Rates to be effective 7/18/2013.
    Filed Date: 7/17/13.
    Accession Number: 20130717-5307.
    Comments Due: 5 p.m. ET 8/7/13.

    Docket Numbers: ER13-1992-000.
    Applicants: Desert Sunlight 300, LLC.
    Description: Desert Sunlight 300, LLC Application for Market-Based
Rates to be effective 7/18/2013.
    Filed Date: 7/17/13.
    Accession Number: 20130717-5310.
    Comments Due: 5 p.m. ET 8/7/13.

    Docket Numbers: ER13-1993-000.
    Applicants: Canadian Hills Wind, LLC.
    Description: SFA Compliance Filing--June 24, 2013 Order to be
effective 6/24/2013.
    Filed Date: 7/18/13.
    Accession Number: 20130718-5073.
    Comments Due: 5 p.m. ET 8/8/13.

    Docket Numbers: ER13-1994-000.
    Applicants: California Independent System Operator Corporation.
    Description: SCE Omnibus to be effective 1/1/2013.
    Filed Date: 7/18/13.
    Accession Number: 20130718-5076.
    Comments Due: 5 p.m. ET 8/8/13.

    Docket Numbers: ER13-1995-000.
    Applicants: Southern California Edison Company.

    Description: Unexecuted LGIA with Watson to be effective 8/1/2013.
    Filed Date: 7/18/13.
    Accession Number: 20130718-5099.
    Comments Due: 5 p.m. ET 8/8/13.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES13-36-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Application of PJM Interconnection, L.L.C. under
Section 204 of the Federal Power Act for an Order Authorizing the
Issuance of Securities.
    Filed Date: 7/18/13.
    Accession Number: 20130718-5108.
    Comments Due: 5 p.m. ET 8/8/13.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR13-7-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of North American Electric Reliability
Corporation for Approval of Amendments to the Delegation Agreement with
Texas Reliability Entity, Inc. and Request for Expedited Action.
    Filed Date: 7/17/13.
    Accession Number: 20130717-5343.
    Comments Due: 5 p.m. ET 8/7/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 18, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-17898 Filed 7-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54959-54961]
[FR Doc No: 2023-17359]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1735; Airspace Docket No. 23-AGL-18]
RIN 2120-AA66

Amendment of VOR Federal Airways V-78 and V-171; Darwin, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Very High Frequency
Omnidirectional Range (VOR) Federal airways V-78 and V-171 in the
vicinity of Darwin, MN. The amendments are due to the planned
decommissioning of the VOR portion of the Darwin, MN (DWN), VOR/
Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Darwin
VOR is being decommissioned as part of the FAA's VOR Minimum
Operational Network (MON) program.

DATES: Comments must be received on or before September 28, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1735 and
Airspace Docket No. 23-AGL-18 using any of the following methods:
     Federal eRulemaking Portal: Go to 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, 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>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the 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.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the National Airspace System (NAS) as
necessary to preserve the safe and efficient flow of air traffic.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    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.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Operations Support Group,
Central Service Center, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX, 76177.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

Background

    The FAA is planning to decommission the VOR portion of the Darwin,
MN, VORTAC in May 2024. The Darwin VOR is one of the candidate VORs
identified for discontinuance by the FAA's VOR MON program and listed
in the Final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
on July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
    In addition to the planned decommissioning of the VOR portion of
the Darwin, MN, VORTAC, the Tactical Air Navigation (TACAN) portion of
the NAVAID is being decommissioned also. However, the co-located
Distance Measuring Equipment (DME) portion of the NAVAID is being
retained to support current and future NextGen PBN flight procedure
requirements.
    The VOR Federal airways affected by the Darwin VOR decommissioning
are V-78 and V-171. With the planned decommissioning of the Darwin VOR,
the remaining ground-based NAVAID coverage in the area is insufficient
to enable the continuity of the affected airways. As such, the proposed
modifications to V-78 and V-171 would result in V-78 being shortened
and the creation of an additional gap in V-171 due to the loss of the
airway segments supported by the Darwin VOR.
    To address these proposed modifications, instrument flight rules
(IFR) traffic could use adjacent VOR Federal airways V-2, V-82, V-148,
and V-175 or receive air traffic control (ATC) radar vectors to fly
around or through the affected area. Additionally, IFR pilots operating
aircraft equipped with Area Navigation (RNAV) capabilities could also
use United States RNAV routes T-403 and T-462 or navigate point to
point using the existing fixes that would remain in place to support
continued operations though the affected area. Visual flight rules
(VFR) pilots who elect to navigate via the affected VOR Federal airways
could also take advantage of the adjacent ATS routes or ATC services
listed previously.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending VOR
Federal airways V-78 and V-171 due to the planned decommissioning of
the VOR portion of the Darwin, MN, VORTAC. The proposed airway actions
are described below.
    V-78: V-78 currently extends between the Darwin, MN, VORTAC and the
Escanaba, MI, VOR/VOR/DME; and between the Pellston, MI, VORTAC and the
Saginaw, MI, VOR/DME. The FAA proposes to remove the airway segment
between the Darwin VORTAC and the Gopher, MN, VORTAC. As amended, the
airway would extend between the Gopher VORTAC and the Escanaba VOR/DME
and between the Pellston VORTAC and the Saginaw VOR/DME.
    V-171: V-171 currently extends between the Lexington, KY, VOR/DME
and the Joliet, IL, VOR/DME; and between the Nodine, MN, VORTAC and the
Grand Forks, ND, VOR/DME. The FAA proposes to remove the airway segment
between the Farmington, MN, VORTAC and the Alexandria, MN, VOR/DME. As
amended, the airway would extend between the Lexington VOR/DME and the
Joliet VOR/DME, between the Nodine VORTAC and the Farmington VORTAC,
and between the Alexandria VOR/DME and the Grand Forks VOR/DME.
    The NAVAID radials contained in the VOR Federal airway descriptions
listed in The Proposed Amendment section below are unchanged and stated
in degrees True north.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal airways.

* * * * *

V-78 [Amended]

    From Gopher, MN; INT Gopher 091[deg] and Eau Claire, WI,
290[deg] radials; Eau Claire; Rhinelander, WI; Iron Mountain, MI; to
Escanaba, MI. From Pellston, MI; Alpena, MI; INT Alpena 232[deg] and
Saginaw, MI, 353[deg] radials; to Saginaw.
* * * * *

V-171 [Amended]

    From Lexington, KY; INT Lexington 251[deg] and Louisville, KY,
114[deg] radials; Louisville; Terre Haute, IN; Danville, IL;
Peotone, IL; INT Peotone 281[deg] and Joliet, IL, 173[deg] radials;
to Joliet. From Nodine, MN; INT Nodine 298[deg] and Farmington, MN,
124[deg] radials; to Farmington. From Alexandria, MN; INT Alexandria
321[deg] and Grand Forks, ND, 152[deg] radials; to Grand Forks.
* * * * *

    Issued in Washington, DC, on August 8, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-17359 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 53059-53060]
[DOCID:fr12se08-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58456; File No. SR-CBOE-2008-93]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Temporary Membership Status and Interim Trading
Permit Access Fees

September 3, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 29, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the CBOE.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    CBOE proposes to adjust (1) the monthly access fee for persons
granted temporary CBOE membership status (``Temporary Members'')
pursuant to Interpretation and Policy .02 under CBOE Rule 3.19 (``Rule
3.19.02'') and (2) the monthly access fee for Interim Trading Permit
(``ITP'') holders under CBOE Rule 3.27. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.org/
Legal/), at the Exchange's Office of the Secretary, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The current access fee for Temporary Members under Rule 3.19.02 \3\
and the current access fee for ITP holders under Rule 3.27 \4\ are both
$10,653 per month. Both access fees are currently set at the indicative
lease rate (as defined below) for August 2008. The Exchange proposes to
adjust both access fees effective at the beginning of September 2008 to
be equal to the indicative lease rate for September 2008 (which is
$10,800). Specifically, the Exchange proposes to revise both the
Temporary Member access fee and the ITP access fee to be $10,800 per
month commencing on September 1, 2008.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 56458 (September 18,
2007), 72 FR 54309 (September 24, 2007) (SR-CBOE-2007-107) for a
description of the Temporary Membership status under Rule 3.19.02.
    \4\ See Securities Exchange Act Release No. 58178 (July 17,
2008), 73 FR 42634 (July 22, 2008) (SR-CBOE-2008-40) for a
description of the Interim Trading Permits under Rule 3.27.
---------------------------------------------------------------------------

    The indicative lease rate is defined under Rule 3.27(b) as the
highest clearing firm floating monthly rate \5\ of the CBOE Clearing
Members that assist in facilitating at least 10% of the CBOE
transferable membership leases.\6\ The Exchange determined the
indicative lease rate for September 2008 by polling each of these
Clearing Members and obtaining the clearing firm floating monthly rate
designated by each of these Clearing Members for that month.
---------------------------------------------------------------------------

    \5\ Rule 3.27(b) defines the clearing firm floating monthly rate
as the floating monthly rate that a Clearing Member designates, in
connection with transferable membership leases that the Clearing
Member assisted in facilitating, for leases that utilize that
monthly rate.
    \6\ The concepts of an indicative lease rate and of a clearing
firm floating month rate were previously utilized in the CBOE rule
filings that set and adjusted the Temporary Member access fee. Both
concepts were also recently codified in Rule 3.27(b) in relation to
ITPs.
---------------------------------------------------------------------------

    The Exchange used the same process to set the proposed Temporary
Member and ITP access fees that it used to set the current Temporary
Member and ITP access fees. The only difference is that the Exchange
used clearing firm floating monthly rate information for the month of
September 2008 to set the proposed access fees (instead of clearing
firm floating monthly rate information for the month of August 2008 as
was used to set the current access fees) in order to take into account
changes in clearing firm floating monthly rates for the month of
September 2008.
    The Exchange believes that the process used to set the proposed

Temporary Member access fee and the proposed Temporary Member access
fee itself are appropriate for the same reasons set forth in CBOE rule
filing SR-CBOE-2008-12 with respect to the original Temporary Member
access fee.\7\ Similarly, the Exchange believes that the process used
to set the proposed ITP access fee and the proposed ITP access fee
itself are appropriate for the same reasons set forth in CBOE rule
filing SR-CBOE-2008-77 with respect to the original ITP access fee.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 57293 (February 8,
2008), 73 FR 8729 (February 14, 2008) (SR-CBOE-2008-12), which
established the original Temporary Member access fee, for detail
regarding the rationale in support of the original Temporary Member
access fee and the process used to set that fee, which is also
applicable to this proposed change to the Temporary Member access
fee as well.
    \8\ See Securities Exchange Act Release No. 58200 (July 21,
2008), 73 FR 43805 (July 28, 2008) (SR-CBOE-2008-77), which
established the original ITP access fee, for detail regarding the
rationale in support of the original ITP access fee and the process
used to set that fee, which is also applicable to this proposed
change to the ITP access fee as well.
---------------------------------------------------------------------------

    Each of the proposed access fees will remain in effect until such
time either that the Exchange submits a further rule filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \9\ to modify the applicable access
fee or the applicable status (i.e., the Temporary Membership status or
the ITP status) is terminated. Accordingly, the Exchange may, and
likely will, further adjust the proposed access fees in the future if
the Exchange determines that it would be appropriate to do so taking
into consideration lease rates for transferable CBOE memberships
prevailing at that time.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    The procedural provisions of the CBOE Fee Schedule related to the
assessment of each proposed access fee are not proposed to be changed
and will remain the same as the current procedural provisions relating
to the assessment of that access fee.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\11\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among persons using its facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(2)
of Rule 19b-4 \13\ thereunder. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-93 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-CBOE-2008-93. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2008-93 and should be
submitted on or before October 3, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E8-21162 Filed 9-11-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Rules and Regulations]
[Pages 38266-38267]
[FR Doc No: 2022-13689]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0854; Airspace Docket No. 20-AAL-54]
RIN 2120-AA66

Revocation of Colored Federal Airway Blue 25 (B-25); Gulkana, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Blue 25 (B-25) in
the vicinity of Gulkana, AK due to the decommissioning of the
Glenallen, AK, (GLA) Non-Directional Beacon (NDB).

DATES: Effective date 0901 UTC, September 8, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the air traffic service route structure in the
north central United States to maintain the efficient flow of air
traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2021-0854 in the Federal Register (86 FR 58606; October 22, 2021),
revoking Colored Federal airway B-25, due to the decommissioning of the
Glenallen, AK, (GLA) NDB. Interested parties were invited to
participate in this rulemaking effort by submitting comments on the
proposal. No comments were received.
    Colored Federal airways are published in paragraph 6009(d) of FAA
Order JO 7400.11F, dated August 10, 2021, and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The Colored
Federal airway

listed in this document will be removed from FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal
airway B-25 in the vicinity of Gulkana, AK due to the decommissioning
of the Glenallen, AK, (GLA) NDB.
    B-25: B-25 currently extends between the Orca Bay, AK, NDB and the
Delta Junction, AK, NDB. The FAA is removing the entire route.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this airspace action of revoking
Colored Federal Airway B-25 qualifies for categorical exclusion under
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6009(d) Colored Federal Airways.

* * * * *

B-25 [Remove]

* * * * *

    Issued in Washington, DC, on June 22, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-13689 Filed 6-27-22; 8:45 am]
BILLING CODE 4910-13-P


Agenda for the Public Meeting on the Draft 2013 Vessel General Permit (VGP) and Small Vessel General Permit (sVGP)

                              EPA East Room 1153
                           1201 Constitution Ave NW
                              Washington DC 20004

Wednesday, January 11, 2012

9:10   -  9:25 	 	Opening Remarks   (Deborah Nagle)

9:25   -  10:10  		Overview of the Draft 2013 VGP   (Ryan Albert)

10:10  -  10:40  	Overview of the Draft 2013 sVGP   (Robin Danesi)

10:40   -  11:00  	Break

11:00   -  12:30 	Public Comments

12:30   -  1:30 	 	Lunch

1:30   -  3:30	  	Public Comments

3:30   -  3:40		Break

3:40   -  5:00	  	Public Comments

***If you would like to speak today, please register at the door.***

***Meeting will end once all comments have been heard***

List of Attendees at the January 11, 2012 Public Hearing on the Draft 2013 Vessel General Permit (VGP) and Small Vessel General Permit (sVGP)

#
                                     Name
                                  Affiliation
                            Provided Oral Comment?
                                                                              1
Mark Doherty
ECM Maritime Services
No
                                                                              2
Mario Tamburri
University of Maryland/MERC
No
                                                                              3
Chris Wholley
Vickers Oils
No
                                                                              4
Charles J. Dorchnk
American Bureau of Shipping
No
                                                                              5
Angel Mascoso
American Bureau of Shipping
No
                                                                              6
Peter McNulty
NEI Treatment Systems
No
                                                                              7
Stefanie Moreland
Office if Senator Murkowski
No
                                                                              8
Barbra Spangler
Embassy of Canada
No
                                                                              9
Marvourneen Dolor
SLS DC
No
                                                                             10
Rich Everett
USCG
No
                                                                             11
Jennifer Wilk
Passenger Vessel Association
Yes
                                                                             12
Ed Welch
Passenger Vessel Association
Yes
                                                                             13
Colin Henein
Transport Canada
No
                                                                             14
Brittany Meyer
American Waterway Operators
No
                                                                             15
John Morris
USCG
No
                                                                             16
Douglas Schneider
World Shipping Council
Yes
                                                                             17
Jesse W. Senkel
Herbert Engineering Co.
No
                                                                             18
Garrett Billemeyer
Relko
No
                                                                             19
John Hopewell
American Coatings Association
Yes
                                                                             20
Marie Hobson
American Coatings Association
No
                                                                             21
Dawn Champney
Water and Wastewater Equipment Manufacturers Association
No
                                                                             22
Drew Minkiewicz
KDW
No
                                                                             23
Michaela Noble
MARAD
No
                                                                             24
Scott Glover
SMC1976 Inc
No
                                                                             25
Lou Mazzarone
Compass Water Solutions
No
                                                                             26
Kathy Metcalf
CSA
No
                                                                             27
Pex J. Langenberg
Netherland Embassy
No
                                                                             28
Kevin Ferrie
USCG
No
                                                                             29
Mehieen Imgiaz
Canadian Embassy
No
                                                                             30
Dan Grochowalski
Canadian Embassy
No
                                                                             31
Jennifer Carpenter
American Waterway Operators
Yes
                                                                             32
Brian Peter
APL Maritime
No
                                                                             33
Christine Mataya
Booz Allen Hamilton
No
                                                                             34
Caitlyn Stewart
American Waterway Operators
No
                                                                             35
Sarah Branch
Offshore Marine Service Assn
Yes
                                                                             36
Arild Wegener
Norwegian Embassy
No
                                                                             37
Jon Stewart
International Maritime Tech
Yes
                                                                             38
Henrik D Madsen
Danish Embassy
No
                                                                             39
Andrew Newhart
K&L Gates
No
                                                                             40
Noyle Harding
Havtech
No