[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Rules and Regulations]
[Pages 720-722]
[FR Doc No: 2016-29144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9263; Airspace Docket No. 15-AWA-6]
RIN 2120-AA66

Revocation of Offshore Airspace Areas; Control 1154H, Control
1173H, Control 1154L, and Control 1173L, California

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes offshore airspace areas Control 1154H and
Control 1154L located offshore of Ukiah, California, and removes
offshore airspace areas Control 1173H and Control 1173L located
offshore of San Francisco, California. The FAA has determined these
offshore airspace areas are no longer required.

DATES: Effective date 0901 UTC, March 2, 2017. The Director of the
FEDERAL REGISTER approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, 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 removes offshore airspace areas no longer required to
ensure the safe and efficient flow of air traffic offshore of the west
coast.

History

    In 1950, the Civil Aeronautics Administration (CAA), (renamed the
Federal Aviation Agency on August 23, 1958, and then renamed the
Federal Aviation Administration (FAA) on October 15, 1966), issued a
final rule establishing ``Control area extension (San Francisco,
Calif.) (North dogleg route)'' (15 FR 3316, May 30, 1950). Subsequently
in 1952, the CAA renamed the control area extension ``Control area
extension (San Francisco, Calif.)'' (17 FR 8323, September 17, 1952).
Then in 1962, the Federal Aviation Agency re-described the control area
extension as an additional control area and renamed it ``Control 1173''
(27 FR 220-1, 220-56 (immediately after the 4 blank pages following 27
FR 11030), November 10, 1962). In 1969, the FAA issued a final rule
establishing ``Control 1154'' (34 FR 13589, August 23, 1969) as an
additional control area.
    In 1993, as a result of the Airspace Reclassification final rule
(56 FR 65638, December 17, 1991) and the Offshore Airspace
Reconfiguration; Additional Control Areas final rule (58 FR 12128,
March 2, 1993), additional control areas were re-designated as either
offshore airspace areas or en route domestic airspace areas, as
appropriate, and revised controlled airspace determinations were
published, in accordance with Presidential Proclamation No. 5928,
``Territorial Sea of the United States,'' signed December 27, 1988.
Accordingly, the additional control areas Control 1154 and Control 1173
were each re-designated into two offshore airspace areas; Control 1154L
and Control 1154H, and Control 1173L and Control 1173H, respectively.
The primary purpose of these offshore airspace areas was to define the
airspace areas over the high seas for which the United States has
jurisdiction through an ICAO regional agreement and within which
domestic air traffic control procedures are applied.
    Based on recent aeronautical reviews of these offshore airspace
areas, the FAA has determined that the outer boundaries for the control
areas contain geographic latitude/longitude coordinate references that
do not align with the Flight Information Region (FIR) boundary, as
indicated in their legal descriptions. Additionally, the inner boundary
of these offshore airspace areas extend inside the United States
territorial limit and are inconsistent with the offshore airspace area
guidance, reference being designated in international airspace,
published in Title 14 Code of Federal Regulations, part 71, and FAA
Order 7400.2, Procedures for Handling Airspace Matters. Further, the
Control 1154H, Control 1173H, Control 1154L, and Control 1173L offshore
airspace areas are duplicated by the Pacific High and Pacific Low
offshore airspace areas that were established in 1993 (58 FR 12128,
March 2, 1993) and amended in 2010 (75 FR 51661, August 23, 2010). No
operational impact will occur by the removal of Control 1154 and
Control 1173 offshore airspace areas. Therefore, the FAA is taking
action to remove offshore airspace areas Control 1154H, Control 1173H,
Control 1154L, and Control 1173L.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by removing offshore airspace areas Control 1154H, Control
1173H, Control 1154L, and Control 1173L. The FAA has determined these
control areas are no longer required as they are not in compliance with
current regulatory criteria, are duplicated by the Pacific High and
Pacific Low offshore airspace areas, and no operational impact will
occur by removing them. As this action removes offshore airspace areas
no longer needed, notice and public procedure under 5 U.S.C. 553(b) are
unnecessary.
    Offshore airspace areas (Class A) extending upward from 18,000 feet
mean sea level (MSL) to a specified altitude are published in paragraph
2003, and offshore airspace areas (Class E) extending upward from a
specified altitude to, but not including 18,000 feet MSL are published
in paragraph 6007, of FAA Order 7400.11A, signed August 3, 2016, and
effective September 15, 2016, which is incorporated by reference in 14
CFR 71.1. Offshore airspace areas Control 1154H and Control 1173H
listed in this document will be subsequently removed from paragraph
2003 of the Order. Control 1154L and Control 1173L will be subsequently
removed from paragraph 6007 of the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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 action qualifies for categorical
exclusion under the National Environmental Policy Act and its agency
implementing regulations in FAA Order 1050.1F, ``Environmental Impacts:
Policies and Procedures'' regarding categorical exclusions for
procedural actions at paragraph 5-6.5a which categorically excludes
from full environmental impact review actions that are 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). This airspace action consists of removing offshore
airspace areas no long needed and is not expected to cause any
potentially

significant environmental impacts. In accordance with FAAO 1050.1F,
paragraph 5-2 regarding Extraordinary Circumstances, this action has
been reviewed for factors and circumstances in which a normally
categorically excluded action may have a significant environmental
impact requiring further analysis, and it is determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1   [Amended]

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

Paragraph 2003. Offshore Airspace Areas

* * * * *

Control 1154H [Removed]

* * * * *

Control 1173H [Removed]

* * * * *

Paragraph 6007. Offshore Airspace Areas

* * * * *

Control 1154L [Removed]

* * * * *

Control 1173L [Removed]

* * * * *

    Issued in Washington, DC, on November 29, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-29144 Filed 1-3-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Notices]
[Page 51901-51902]
[DOCID:fr08oc09-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60767; File No. SR-ISE-2009-67]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Changes

October 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 25, 2009, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to change its
Competitive Market Maker (``CMM'') Inactivity Fee. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.ise.com), at the principal office of the Exchange, 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, the self-regulatory organization
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 self-regulatory organization
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
    ISE currently charges the owner \3\ of a CMM membership an
Inactivity Fee of $5,000 a month per trading right, with a cap of
$25,000 on a per-firm basis,\4\ if the owner does not (i) itself
operate the CMM membership, (ii) lease the CMM trading right to another
member which operates the CMM membership, or (iii) avail itself to one
of the exemptions specifically authorized in the Notes to the CMM
Inactivity Fee on the Schedule of Fees. The CMM Inactivity Fee was

adopted by the Exchange in 2002 \5\ at a time when there was
significant demand for CMM memberships and some owners were holding
onto inactive memberships. The purpose of the CMM Inactivity Fee has
always been to promote greater trading activity on the Exchange.
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    \3\ The Note to the CMM Inactivity Fee on the Schedule of Fees
provides that the fee applies to the owner of the CMM membership,
unless the inactive CMM membership is subject to a lease that was
approved by the Exchange prior to the effective date of the fee, in
which case the fee would apply to the lessee.
    \4\ A firm that owns five or more inactive CMMs would pay the
$25,000 maximum fee.
    \5\ See Securities Exchange Act Release No. 46272 (July 26,
2002); 67 FR 50497 (August 2, 2002).
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    The Exchange subsequently lowered this fee because, in the
Exchange's opinion, the circumstances that lead to the enactment of the
fee no longer existed to the same degree they did in 2002.\6\ For one
thing, the demand for trading rights had waned. There were a number of
other reasons that were taken into consideration by the Exchange when
it lowered this fee.\7\ With the demand for CMM trading rights now much
greater, the Exchange proposes to reinstitute the original fee.
Specifically, the Exchange proposes to increase the fee to $25,000 per
month per trading right and to eliminate the current cap. The Exchange
believes that anything short of full utilization of its trading rights
has adverse consequences. Not only does the Exchange lose fee revenues
that these trading rights would generate, the ISE market place loses
liquidity that additional market making would provide. Further, since
this fee was reduced in 2006, the Exchange has relaxed quoting
requirements applicable to CMMs thus making the operation of these
trading rights more manageable.\8\
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    \6\ See Securities Exchange Act Release No. 53223 (February 3,
2006); 71 FR 7098 (February 10, 2006).
    \7\ Id.
    \8\ See Securities Exchange Act Release No. 59066 (December 8,
2008), 73 FR 76080 (December 15, 2008).
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    The options industry has grown exponentially over the last few
years with exchanges notching record trading volumes. The increased
trading volume has resulted in additional lost revenue for the Exchange
because all of its trading rights are not fully utilized. ISE believes
the proposed fee change will allow the Exchange to recoup some lost
revenue.\9\ This proposed fee change will be operative on October 1,
2009.
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    \9\ ISE represents that it based the amount of the fee on a
conservative estimate of the revenues lost for an inactive CMM. ISE
notes that the amount of the proposed fee is the same as the amount
that ISE previously assessed to an inactive CMM. See e-mail from
Samir Patel, Assistant General Counsel, Exchange, to Nicholas
Shwayri, Law Clerk, Division of Trading and Markets, Commission
dated September 30, 2009.
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    Also, as a matter of ``housekeeping,'' the Exchange proposes to
replace certain language in the Notes to the CMM Inactivity Fee with
language that accurately reflects CMM memberships as trading rights.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(4) that an exchange have an equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, the proposed fee change will allow the
Exchange to recoup lost revenue because its trading rights are not
being fully utilized.

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder. At any
time within 60 days of the filing of such 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.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 19b-4(f)(2).
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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-ISE-2009-67 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2009-67. 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 publicly available. All
submissions should refer to File Number SR-ISE-2009-67 and should be
submitted on or before October 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24261 Filed 10-7-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77509-77511]
[FR Doc No: 2023-24856]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0870]
RIN 1625-AA00

Safety Zone; APEC 2023 Fireworks; San Francisco Bay, San
Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable water of the San Francisco Bay in San Francisco, CA in
support of a fireworks display on November 15, 2023. The safety zone is
necessary to protect personnel, vessels, and the marine environment
from potential hazards created by pyrotechnics. Unauthorized persons or
vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without the permission of the Captain of
the Port San Francisco or a designated representative.

DATES: This rule is effective from 8 a.m. until 7:30 p.m. on November
15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0870 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, phone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this event until October 31, 2023. It
is impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by
November 15, 2023, and lacks sufficient time to provide a reasonable
comment period and to consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because action is
necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the scheduled
fireworks display in San Francisco, CA on November 15, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port San Francisco (COTP) has determined that
potential hazards associated with scheduled fireworks display on
November 15, 2023, will be a safety concern for anyone within a 100-
foot radius of the fireworks vessel during loading and staging. For
this reason, this temporary safety zone is needed to protect personnel,
vessels, and the marine environment on the navigable waters around the
fireworks vessel.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. until
7:30 p.m. on November 15, 2023, during the loading, staging, and
transit of the fireworks vessel from Westar Marine Service Pier 50, San
Francisco, CA. During the loading, staging, and transit of the
fireworks vessel scheduled to take place between 8 a.m. and 7:30 p.m.
on November 15, 2023, the safety zone will encompass the navigable
waters around and under the fireworks vessel, from surface to bottom,
within a circle formed by connecting all points 100 feet out from the
fireworks vessel. The safety zone will terminate at 7:30 p.m. on
November 15, 2023, or as announced via Marine Information Broadcast.
    This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks vessel during loading, staging,
and transit. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in a restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel, or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the safety zone. This regulation is necessary to ensure
the safety of transiting vessels.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. Vessels desiring to transit through or
around the temporary safety zone may do so upon receiving express
permission from the COTP or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business,

organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary safety zone in the navigable waters of the San Francisco Bay
around the loading, staging, and transit of fireworks at Westar Marine
Services Pier 50. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-147 to read as follows:

Sec.  165.T11-147   Safety Zone; APEC 2023 Fireworks; San Francisco
Bay, San Francisco, CA.

    (a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 100 feet out from the fireworks
vessel during loading and staging at Westar Marine Services Pier 50 in
San Francisco, CA, as well as during transit and arrival to the display
location on November 15, 2023.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-21A or through the 24-hour Command Center at telephone (415) 399-
3547.
    (d) Enforcement period. This section will be enforced from 8 a.m.
until 7:30 p.m. on November 15, 2023.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.

    Dated: November 4, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2023-24856 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18233-18234]
[FR Doc No: 2013-06826]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 814, 822, 862, 864, 866, 868, 870, 872, 874, 876, 878,
880, 882, 884, 886, 888, 890, and 892

[Docket No. FDA-2013-N-0011]

Medical Devices; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Food and Drug Administration (FDA) is amending certain
medical device regulations to correct minor errors in the Code of
Federal Regulations (CFR). This action is editorial in nature and is
intended to provide accuracy and clarity to the Agency's regulations.

DATES: This rule is effective March 26, 2013.

FOR FURTHER INFORMATION CONTACT: Abigail Corbin, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave. Bldg. 66, rm. 4430, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is amending certain regulations in 21
CFR parts 814, 822, 862, 864, 866, 868, 870, 872, 874, 876, 878, 880,
882, 884, 886, 888, 890, and 892. This action corrects minor spelling
errors and outdated Web site addresses affecting certain regulations
regarding medical devices.
    Publication of this document constitutes final action of these
changes under the Administrative Procedure Act (5 U.S.C. 553). These
amendments are merely correcting nonsubstantive errors. FDA therefore,
for good cause, finds under 5 U.S.C. 553(b)(3)(B) and (d)(3) that
notice and public comment are unnecessary.
    FDA has determined under 21 CFR 25.30(i) that this final rule is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required. In
addition, FDA has determined that this final rule contains no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

List of Subjects

21 CFR Part 814

    Administrative practice and procedure, Confidential business
information, Medical devices, Medical research, Reporting and
recordkeeping requirements.

21 CFR Part 822

    Medical devices, Reporting and recordkeeping requirements.

21 CFR Part 862

    Medical devices.

21 CFR Part 864

    Blood, Medical devices, Packaging and containers.

21 CFR Part 866

    Biologics, Laboratories, Medical devices.

21 CFR Part 868, 870, 872, 874, 876, 878, and 880

    Medical devices.

21 CFR Part 882

    Medical devices, Neurological devices.

21 CFR Part 884

    Medical devices.

21 CFR Part 886

    Medical devices, Ophthalmic goods and services.

21 CFR Part 888

    Medical devices.

21 CFR Part 890

    Medical devices, Physical medicine devices.

21 CFR Part 892

    Medical devices, Radiation protection, X-rays.

    Therefore, under the Federal Food, Drug, and Cosmetic Act, and
under authority delegated to the Commissioner of Food and Drugs, 21 CFR
Chapter I is amended as follows:

Sec. Sec.  814.20, 822.7, 822.15, 862.1, 864.1, 866.1, 868.1, 870.1,
872.1, 874.1, 876.1, 878.1, 880.1, 882.1, 884.1, 886.1, 888.1, 890.1,
and 892.1  [Amended]

    1. In the table below, for each section indicated in the left
column, remove the Web address indicated in the middle column from
wherever it appears in the section, and add the Web address indicated
in the right column:

------------------------------------------------------------------------
             Section                    Remove                Add
------------------------------------------------------------------------
814.20..........................  http://www.fda.gov/ http://www.fda.gov/
                                   cdrh/devadvice/     MedicalDevices/
                                   pma/.               DeviceRegulationa
                                                       ndGuidance/
                                                       HowtoMarketYourDe
                                                       vice/
                                                       PremarketSubmissi
                                                       ons/
                                                       PremarketApproval
                                                       PMA/default.htm.
822.7...........................  http://www.fda.gov/ http://www.fda.gov/
                                   cdrh/ombudsman/     AboutFDA/
                                   dispute.html.       CentersOffices/
                                                       OfficeofMedicalPr
                                                       oductsandTobacco/
                                                       CDRH/
                                                       CDRHOmbudsman/
                                                       default.htm.
822.15..........................  www.fda.gov/cdrh/   http://www.fda.gov/
                                   ombudsman/.         AboutFDA/
                                                       CentersOffices/
                                                       OfficeofMedicalPr
                                                       oductsandTobacco/
                                                       CDRH/
                                                       CDRHOmbudsman/
                                                       default.htm.
862.1, 864.1, 866.1, 868.1,       http://www.fda.gov/ http://www.fda.gov/
 870.1, 872.1, 874.1, 876.1,       cdrh/               MedicalDevices/
 878.1, 880.1, 882.1, 884.1,       guidance.html.      DeviceRegulationa
 886.1, 888.1, 890.1, and 892.1.                       ndGuidance/
                                                       GuidanceDocuments/
                                                       default.htm.
------------------------------------------------------------------------

PART 870--CARDIOVASCULAR DEVICES

0
2. The authority citation for 21 CFR part 870 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
3. Amend Sec.  870.3600 by revising the second sentence in paragraph
(a) to read as follows:

Sec.  870.3600  External pacemaker pulse generator.

    (a) Identification. * * * This device, which is used outside the
body, is used as a temporary substitute for the heart's intrinsic
pacing system until a permanent pacemaker can be implanted, or to
control irregular heartbeats in patients following cardiac surgery or a
myocardial infarction. * * *
* * * * *
0
4. Amend Sec.  870.5300 by revising the section heading to read as
follows:

Sec.  870.5300  DC-defibrillator (including paddles).

* * * * *

PART 882--NEUROLOGICAL DEVICES

0
5. The authority citation for 21 CFR part 882 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

0
6. Amend Sec.  882.5870 by revising the second sentence in paragraph
(a) to read as follows:

Sec.  882.5870  Implanted peripheral nerve stimulator for pain relief.

    (a) Identification. * * * The stimulator consists of an implanted
receiver with electrodes that are placed around a peripheral nerve and
an external transmitter for transmitting the stimulating pulses across
the patient's skin to the implanted receiver.
* * * * *

PART 886--OPHTHALMIC DEVICES

0
7. The authority citation for 21 CFR part 886 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.
0
8. Amend Sec.  886.1120 by revising the section heading to read as
follows:

Sec.  886.1120  Ophthalmic camera.

* * * * *

    Dated: March 20, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-06826 Filed 3-25-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Proposed Rules]
[Pages 23498-23500]
[FR Doc No: 2020-08666]

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

40 CFR Part 52

[EPA-R04-OAR-2020-0156; FRL-10008-17-Region 4]

Air Plan Approval; KY: Jefferson County Performance Tests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the Jefferson County portion of the Kentucky State
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky,
through the Energy and Environment Cabinet (Cabinet), Division of Air
Quality (DAQ), through a letter dated September 5, 2019. The changes
were submitted by the Cabinet on behalf of the Louisville Metro Air
Pollution Control District (District, also referred to herein as
Jefferson County). The SIP revision includes changes to Jefferson
County regulations regarding performance tests.

DATES: Comments must be received on or before May 28, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0156 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be
reached via electronic mail at<EMAIL_ADDRESS>or via telephone at
(404) 562-9089.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Jefferson County portion
of the Kentucky SIP that were provided to EPA through DAQ via a letter
dated September 5, 2019.\1\ EPA is proposing to approve the changes to
Jefferson County's Regulation 1.04, Performance Tests.\2\ The September
5, 2019, SIP revision first makes minor changes to Regulation 1.04 that
do not alter the meaning of the regulation such as clarifying changes
to its notification requirements under the SIP. In addition, other
changes strengthen the SIP by adding a specific reporting requirement
to communicate results from any required performance testing. The SIP
revision updates the current SIP-approved version of Regulation 1.04
(Version 6) to Version 7. The changes to this rule and EPA's rationale
for proposing approval are described in more detail in Section II of
this notice of proposed rulemaking.
---------------------------------------------------------------------------

    \1\ In 2003, the City of Louisville and Jefferson County
governments merged and the ``Jefferson County Air Pollution Control
District'' was renamed the ``Louisville Metro Air Pollution Control
District.'' See The History of Air Pollution Control in Louisville,
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. However,
each of the regulations in the Jefferson County portion of the
Kentucky SIP still has the subheading ``Air Pollution Control
District of Jefferson County.'' Thus, to be consistent with the
terminology used in the SIP, we refer throughout this notice to
regulations contained in the Jefferson County portion of the
Kentucky SIP as the ``Jefferson County'' regulations.
    \2\ EPA notes that the Agency received several submittals
revising the Jefferson County portion of the Kentucky SIP
transmitted with the same September 5, 2019, cover letter. EPA will
be considering action for these other SIP revisions in separate
rulemakings.
---------------------------------------------------------------------------

II. EPA's Analysis of the Commonwealth's Submittal

    As mentioned in Section I of this proposed action, the September 5,
2019, SIP revision that EPA is proposing to approve makes changes to
Jefferson County Air Quality Regulations at Regulation 1.04,
Performance Tests. The

changes to Section 2, Test Requirements, makes several ministerial
language changes throughout to include ``the Administrator of the EPA''
in place of ``EPA'' \3\ and similar minor edits which do not alter the
meaning of the regulation. As approved into the SIP before this
revision, EPA has a role in approving alternative testing procedures,
including changes in methodology or equivalent methods for use. In some
instances, the Administrator of the EPA is now included where the
provision only referred previously to the District. Specifically, the
changes clarify that that EPA has the authority to require or conduct
performance testing in addition to the District. Section 2 is then
modified to move a noticing requirement ahead of starting testing to
Section 3, Testing Notification, to streamline the regulation. This
change also results in renumbering of the remainder of Section 2.
---------------------------------------------------------------------------

    \3\ EPA is proposing to approve the SIP revision with the
understanding that these provisions referencing the ``Administrator
of the EPA'' include any EPA official with the delegated authority
to take the actions described in Section 2.
---------------------------------------------------------------------------

    Section 2 is also modified with additional language under 2.10 to
describe the limited circumstances under which a person conducting a
test may halt the test in progress. This language allows for halting
the test only if: (1) There is a forced shutdown; (2) there is failure
of an irreplaceable portion of the sampling train; (3) there are
extreme meteorological conditions; or (4) there are unforeseen
circumstances beyond the owner's or operator's control. Next, halting a
test is specifically not allowed for the purpose of adjusting the
parameters of the performance test. SIP-approved Section 2.11 already
lists items 2.10.1--2.10.3 as potential causes of halting a test run.
Therefore, the changes to Section 2.10 are intended to clarify when it
is appropriate to halt a test run and when it is not allowed.
Importantly, all data, including from halted test runs, is required to
be reported in newly added Section 5. EPA proposes that these changes
to Section 2 are clarifying and minor in nature.
    Section 3, Testing Notification, is modified first by reorganizing
the section. Section 3.1 is moved from former 3.1.1, and the
requirement to submit an intent to test at least 25 working days ahead
of the projected start of a performance test is modified to require a
test protocol at least 30 calendar days ahead of the projected start.
These changes are clarifying and strengthening in nature, requiring a
full test protocol--which Jefferson County describes as a site-specific
testing plan--rather than an intent to test. Section 3.2 is modified to
note that a pre-test conference may be arranged, but is not required.
This conference is no longer specifically necessary since Section 3.1
now requires further advance notice of the performance test along with
a site-specific testing protocol. Section 3.2 is also changed to remove
the requirement that a pre-test ``survey,'' which was undefined, must
accompany the conference. This requirement is superseded with the
requirement to submit a protocol under 3.1. Next, Section 3.3 is added
to include the 10-day notification of the intent to test to the
District that was previously included in Section 2. EPA preliminarily
finds these changes to Section 3 to be administrative, minor, and
clarifying in nature.
    Section 4, Notification Waiver, is modified to correct a
typographical error, restructure and renumber a provision, and
eliminate language which is no longer necessary. The pre-test survey
previously referenced in Section 4.2 is no longer required by Section 3
and is removed accordingly from the list of items for which
notification is waived in the case of an emergency or malfunction.
    Finally, the September 5, 2019, SIP revision adds Section 5, Test
Report, to provide specific instruction on submitting a final test
report following the test. Section 5.1 provides that a report shall be
submitted within 60 days of the completion of any performance test, and
Section 5.2 provides that the report shall include all data, including
any data from aborted or rejected test runs and any other specified
data in the test protocol. EPA proposes that the submission of a report
at the end of a performance test is appropriate for communicating the
results of any required testing pursuant to Regulation 1.04, and that
the inclusion of Section 5 in the SIP is SIP-strengthening.
    These rule changes do not change any applicable emissions
limitations or relax requirements for affected sources. EPA proposes
that the changes serve to strengthen and clarify the SIP. Therefore,
EPA has made the preliminary determination that the aforementioned
changes will not have a negative impact on air quality in the area and
is therefore proposing to approve Version 7 of Regulation 1.04 into the
Jefferson County portion of the Kentucky SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Jefferson County's Regulation 1.04, Performance Tests,
Version 7, state effective June 19, 2019, which makes minor and
ministerial changes for consistent language throughout the regulation
and includes a new requirement for submitting reports on the conducted
performances tests. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information).

IV. Proposed Action

    EPA is proposing to approve changes to the Jefferson County portion
of the Kentucky SIP included in a September 5, 2019, SIP revision.
Specifically, EPA is proposing to approve the District's Regulation
1.04 Version 7 into the SIP. The September 5, 2019, SIP revision makes
minor and ministerial changes for consistent language throughout the
regulation and includes a new requirement for submitting reports on the
conducted performances tests. EPA believes these changes are consistent
with the Clean Air Act (CAA or Act), and this rule adoption will not
impact the national ambient air quality standards or interfere with any
other applicable requirement of the Act.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Authority: 42 U.S.C. 7401 et seq.

Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-08666 Filed 4-27-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26912-26913]
[FR Doc No: 2021-10416]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1880-000]

Niyol Wind, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Niyol Wind, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 1, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://

www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 12, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-10416 Filed 5-17-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Rules and Regulations]
[Pages 4081-4083]
[FR Doc No: 2023-01235]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1107; Airspace Docket No. 22-AGL-1]
RIN 2120-AA66

Amendment of VOR Federal Airway V-156 and V-285 in the Vicinity
of Kalamazoo, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Very High Frequency (VHF) Omnidirectional
Range (VOR) Federal airways V-156 and V-285. The FAA is taking this
action due to the planned decommissioning of the VOR portion of the
Kalamazoo, MI (AZO), VOR/Distance Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Kalamazoo VOR is being decommissioned in
support of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, April 20, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

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

FOR FURTHER INFORMATION CONTACT: 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 modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-1107 in the Federal Register (87 FR 55926; September 13,
2022), amending VOR Federal airways V-156 and V-285 due to the planned
decommissioning of the VOR portion of the Kalamazoo, MI, VOR/DME.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022,
which is incorporated by reference in 14 CFR 71.1. The VOR Federal
airway actions listed in this document will be published subsequently
in FAA Order JO 7400.11.

Differences From the NPRM

    Subsequent to the NPRM, the FAA published a rule for Docket No.
FAA-2021-0822 in the Federal Register (88 FR 2816: January 18, 2023),
amending VOR Federal airway V-285 by removing the airway segment
between the Brickyard, IN, VOR/Tactical Air Navigation (VORTAC) and the
Goshen, IN, VORTAC. That airway amendment, effective April 20, 2023, is
included in this rule.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    This action amends 14 CFR part 71 by amending VOR Federal airways
V-156 and V-285 due to the planned decommissioning of the VOR portion
of the Kalamazoo, MI, VOR/DME. The airway actions are described below.
    V-156: V-156 extends between the Cedar Rapids, IA, VOR/DME and the
Kalamazoo, MI, VOR/DME. The airway segment overlying the Kalamazoo VOR/
DME between the Gipper, MI, VORTAC and the Kalamazoo, MI, VOR/DME is
removed. As amended, the airway is changed to extend between the Cedar
Rapids VOR/DME and the Gipper VORTAC.
    V-285: V-285 extends between the Goshen, IN, VORTAC and the
Victory, MI, VOR/DME. The airway segment overlying the Kalamazoo VOR/
DME between the Goshen, IN, VORTAC and the Victory, MI, VOR/DME is
removed. As amended, the airway is removed in its entirety.
    The NAVAID radials listed in the VOR Federal airway V-156
description below are unchanged and stated in degrees True north.
    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 will only affect air traffic
procedures and air navigation, it is certified that this 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

    The FAA has determined that this action of amending VOR Federal
airways V-156 and V-285 due to the planned decommissioning of the VOR
portion of the Kalamazoo, MI, VOR/DME NAVAID, qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points) and paragraph 5-6.5k,
which categorically excludes from further environmental impact review
the publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change concentration of aircraft on these tracks. 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. The FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

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

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

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

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

Sec.  71.1   [Amended]

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

Paragraph 6010(a) Domestic VOR Federal airways.

* * * * *

V-156 [Amended]

    From Cedar Rapids, IA; Moline, IL; Bradford, IL; Peotone, IL;
INT Peotone 098[deg] and Knox, IN, 238[deg] radials; Knox; to
Gipper, MI.
* * * * *

V-285 [Removed]

* * * * *

    Issued in Washington, DC, on January 18, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-01235 Filed 1-23-23; 8:45 am]
BILLING CODE 4910-13-P