[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Rules and Regulations]
[Pages 59926-59928]
[FR Doc No: 2019-24325]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0853; Product Identifier 2019-CE-036-AD; Amendment
39-19774; AD 2019-21-08]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation Inc. (Type Certificate
Previously Held by Beechcraft Corporation) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Textron Aviation Inc. (Textron) Models E33, E33A, E33C, F33, G33, 35-
C33, 35-C33A, K35, M35, N35, P35, S35, V35, V35A, 36, and certain
Models F33A, F33C, V35B, and A36 airplanes. This AD requires inspecting
the right aileron flight control cable end fittings (terminal
attachment fittings) and replacing any damaged cable assembly. This AD
was prompted by reports of cracked and fractured right aileron flight
control cable end fittings. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective November 22, 2019.
    The FAA must receive comments on this AD by December 23, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0853; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations is
listed above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Alan Levanduski, Aerospace Engineer,
Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas
67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Within the last year, the FAA has received an estimated 17 reports
of the right aileron flight control cable end fittings failing on
Textron Models E33A, S35, V35, and A36 airplanes. There are two
different cable assemblies installed on the right aileron flight
control system. The forward aileron cable assembly connects the control
wheel to the turnbuckle, and the aft aileron cable assembly connects
the aileron surface to the turnbuckle. These failures have occurred at
the swaged cable end fittings that thread into the turnbuckle. The
location of the right aileron cable end fittings, just forward of the
aft carry through spar and underneath a heating duct, creates an
environment where corrosion may be accelerated. Also, the presence of
the turnbuckle safety wire, combined with the location beneath the
heating duct, makes corrosion and cracking difficult to detect. Some of
the reports of failed cable end fittings revealed that the aileron
cables had been held together only by the safety wire, while other
reports were of complete aileron cable separation. Because of airplane
design similarities, this unsafe condition could also occur on Models
E33, E33C, F33, F33A, F33C, G33, 35-C33, 35-C33A, K35, M35, N35, P35,
V35A, V35B, and 36.
    This condition, if not addressed, could result in failure of the
right aileron flight control cable assembly, un-commanded right roll of
the airplane, and loss of roll control in the left direction, which may
lead to loss of control of the airplane. The FAA is issuing this AD to
address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires inspecting the right aileron flight control cable
end fittings that thread into the turnbuckle for corrosion, pitting,
and cracks and replacing any damaged cable assembly.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the quantity of recent reports of failure of the right aileron
flight control cable end fittings necessitates that the corrective
actions be accomplished within 30 days. Therefore, the FAA finds good
cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the Docket Number FAA-2019-
0853 and Product Identifier 2019-CE-036-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments it receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this final rule.

Costs of Compliance

    The FAA estimates that this AD affects 4,138 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                    Labor cost              Parts cost             product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the right aileron   5 work-hours x $85   Not applicable...........            $425      $1,758,650
 cable end fittings.               per hour = $425.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspection. The FAA has no way of determining the number of airplanes
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of a forward aileron cable       6 work-hours x $85 per hour = $510.          $1,123          $1,633
 assembly.
Replacement of an aft aileron cable          4 work-hours x $85 per hour = $340.            $785          $1,125
 assembly.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2019-21-08 Textron Aviation Inc. (Type Certificate Previously Held
by Beechcraft Corporation) Airplanes: Amendment 39-19774; Docket No.
FAA-2019-0853; Product Identifier 2019-CE-036-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 22,
2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Textron Aviation Inc. (Type
Certificate previously held by Beechcraft Corporation) airplanes,
certificated in any category:
    (1) Models E33, E33A, E33C, F33, G33, 35-C33, 35-C33A, K35, M35,
N35, P35, S35, V35, V35A, and 36, all serial numbers (S/Ns);
    (2) Model F33A, S/Ns CE-290 through CE-680;
    (3) Model F33C, S/Ns CJ-26 through CJ-128;
    (4) Model V35B, S/Ns D-9069 through D-9961; and
    (5) Model A36, S/Ns E-185 through E-925.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2710, Aileron Control System.

(e) Unsafe Condition

    This AD was prompted by reports of cracked and fractured right
aileron flight control cable end fittings (terminal attachment
fittings). The FAA is issuing this AD to detect and address damaged
right aileron flight control cable end fittings. The unsafe
condition, if not addressed, could result in failure of the right
aileron flight control cable assembly, un-commanded right roll of
the airplane, and loss of roll control in the left direction, which
may lead to loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Within 30 days after November 22, 2019 (the effective date of
this AD) inspect the forward and aft right aileron flight control
cable end fittings that thread into the turnbuckle. To gain access
to the end fittings, you must remove the front seats and floorboards
and, if installed, the rear seats and under-seat closeout. The end
fittings are located underneath the heating duct, just forward of
the aft carry through spar.
    Note to paragraph (g) of this AD: Adjusting the turnbuckle
relative to the end fittings will affect cable tension.
    (1) Remove any safety wire from the end fittings and turnbuckle,
if installed. Remove any sleeving and tape on the shank of the cable
end fittings without gouging or scratching the fitting surface.
    (2) Using a 10X magnification, a mirror, and a light source,
inspect all exposed surfaces of both control cable end fittings for
cracks, pitting, and corrosion.

(h) Follow-On Actions

    Before further flight after the inspection required by paragraph
(g) of this AD, do one of the following actions, as applicable:
    (1) If there are no cracks, no pitting, and no corrosion, check
cable tension and make any necessary adjustments, and replace safety
wire; or
    (2) If there is a crack or any pitting or corrosion, replace any
damaged cable assembly.

(i) Credit for Previous Actions

    (1) If you performed the actions required by paragraphs (g) and
(h) of this AD before November 22, 2019 (the effective date of this
AD) using one of the following documents, you met the requirements
of this AD:
    (i) American Bonanza Society (ABS) Air Safety Foundation
Beechcraft Control Cable Turn Buckle Inspection Recommendation,
dated February 8, 2019;
    (ii) ABS Air Safety Foundation Recommended Beechcraft Control
Cable Turnbuckle Inspection, Update 1, dated February 20, 2019; or
    (iii) ABS Air Safety Foundation Recommended Beechcraft Control
Cable Turnbuckle Inspection, Update 2, dated August 8, 2019.
    (2) The ABS Air Safety Foundations recommended inspection
documents are available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0853. You may also obtain copies of these documents by
contacting the ABS at American Bonanza Society, 3595 N Webb Road,
Suite 200, Wichita, KS 67226; email<EMAIL_ADDRESS>telephone:
(316) 945-1700; fax:<PHONE_NUMBER>; or internet: https://www.bonanza.org/.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, 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 certification office, send it to the attention of the
person identified in paragraph (k) 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.

(k) Related Information

    For more information about this AD, contact Alan Levanduski,
Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax: (316) 946-
4107; email<EMAIL_ADDRESS>
    Issued in Kansas City, Missouri, on November 1, 2019.
Pat Mullen,
Manager, Aircraft Certification Service, Small Airplane Standards
Branch, AIR-690.
[FR Doc. 2019-24325 Filed 11-6-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Pages 46815-46816]
[FR Doc No: 2013-18615]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0606]

Safety Zone; Fireworks Event in Captain of the Port New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce safety zones in the Captain of
the Port New York Zone on the specified dates and times. This action is
necessary to ensure the safety of vessels and spectators from hazards
associated with fireworks displays. During the enforcement period, no
person or vessel may enter the safety zones without permission of the
Captain of the Port.

DATES: The regulation for the safety zones described in 33 CFR 165.160
will be enforced on the dates and times listed in the supplementary
information section that follows.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade Kristopher Kesting, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.160 on the specified dates and times as
indicated in Table 1 below. This regulation was published in the
Federal Register on November 9, 2011 (76 FR 69614).

                                 Table 1
------------------------------------------------------------------------

------------------------------------------------------------------------
1. Wolfe's Pond Fireworks, Wolfe's Pond   Launch site: A barge
 Park, Staten Island Safety Zone, 33      located in approximate
 CFR 165.160(2.12).                       position 40[deg]30'52.1'' N,
                                          074[deg]10'58.8'' W (NAD
                                          1983), approximately 540 yards
                                          east of Wolfe's Pond Park. The
                                          Safety Zone is a 500-yard
                                          radius from the barge.
                                          Date: August 30, 2013.

                                          Time: 8:30 p.m.-10:00
                                          p.m.
2. Scripps Network Fireworks, Pier 60     Launch site: A barge
 Hudson River Safety Zone, 33 CFR         located in approximate
 165.160(5.1).                            position 40[deg]44'49'' N,
                                          074[deg]01'02'' W (NAD 1983),
                                          approximately 500 yards west
                                          of Pier 60, Manhattan, New
                                          York. This Safety Zone is a
                                          360-yard radius from the
                                          barge.
                                          Date: October 18,
                                          2013.
                                          Time: 8:15 p.m.-9:27
                                          p.m.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.160, a vessel may not enter the
regulated area unless given express permission from the COTP or the
designated representative.
    Spectator vessels may transit outside the regulated area but may
not anchor, block, loiter in, or impede the transit of other vessels.
The Coast Guard may be assisted by other Federal, State, or local law
enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that the regulated area
need not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: July 17, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-18615 Filed 8-1-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45636-45638]
[FR Doc No: 2011-19236]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64957; File No. SR-BATS-2011-023]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
BATS Rules in Connection With the Elimination of a Directed Order
Program for BATS Options

July 25, 2011.

    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 July 22, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii)

thereunder,\4\ which renders it effective upon filing with the
Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend BATS Rule 21.1, entitled
``Definitions,'' to remove two order types, Market Maker Price
Improving Orders and Directed Orders, from the types of approved order
types offered by the BATS options market (``BATS Options''). Through
this amendment, the Exchange is eliminating its recently approved rules
related to the establishment of a directed order program on a pilot
basis for BATS Options.\5\
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    \5\ See Securities Exchange Act Release No. 64781 (June 30,
2011), 76 FR 39953 (July 7, 2011) (SR-BATS-2011-023).
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, at http://www.sec.gov, 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 Exchange 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 Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements

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

1. Purpose
    The Exchange recently received approval to operate a directed order
program for BATS Options on a pilot basis.\6\ The BATS Options directed
order program would allow members of BATS Options (``Options Members'')
to direct an order to a particular BATS Options Market Maker for
potential execution at a price improved over the existing National Best
Bid (``NBB'') or National Best Offer (``NBO''). The goal of the
directed order program was to create a competitive structure to enhance
aggressive quoting and shift economics associated with non-transparent
payment for order flow arrangements to better execution prices for
customer orders on the Exchange. While pending, the proposal to operate
a directed order program received several comments from competitors of
the Exchange and other market participants, some of which raised
concerns that the directed order program may foster internalization and
a widening of quoted spreads.\7\ During this time period, the Exchange
also discussed the proposal with several Options Members, and the
Exchange has continued these discussions following the approval of the
proposal. While the Exchange continues to believe that the proposal is
consistent with the Act and contains appropriate requirements to incent
competitive quotations and further the public price discovery process,
based on on-going discussions with Options Members, the Exchange
believes there is sufficient reason to withdraw the directed order
program and continue analyzing potential refinements that may better
achieve the Exchange's goal. The Exchange notes that it has not yet
implemented the directed order program.
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    \6\ Id.
    \7\ See e.g., Letters to Elizabeth M. Murphy, Secretary,
Commission, from Thomas F. Price, Managing Director, Securities
Industry and Financial Markets Association, dated June 30, 2011;
Christopher Nagy, Managing Director Order Strategy, TD Ameritrade,
dated June 30, 2011; Jennifer M. Lamie, Assistant General Counsel,
Legal Division, Chicago Board Options Exchange, dated June 29, 2011;
Tom Wittman, The NASDAQ OMX PHLX, Inc. and The NASDAQ Options
Market, dated June 24, 2011; Janet L. McGinness, SVP & Corporate
Secretary, Legal & Government Affairs, NYSE Euronext, dated June 17,
2011; Michael J. Simon, Secretary, International Securities
Exchange, LLC, dated June 17, 2011; Anthony D. McCormick, Chief
Executive Officer, BOX Options Exchange Group, LLC, dated June 13,
2011; John C. Nagel, Managing Director and General Counsel, Asset
Management and Markets, Citadel LLC, dated April 25, 2011; Andrew
Stevens, Legal Counsel, IMC Chicago, LLC d/b/a IMC Financial
Markets, dated April 21, 2011. The Exchange also notes that other
options exchanges filed with the Commission a joint petition related
to the directed order program following the approval of the directed
order program.
---------------------------------------------------------------------------

    Based on the foregoing, the Exchange proposes to eliminate the
definitions for Market Maker Price Improving Orders and Directed Orders
from the types of approved order types offered by the BATS Options
pursuant to Rule 21.1.
2. Statutory Basis
    The rule change proposed in this submission is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\8\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\9\
because it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system, and, in general, protect investors and
the public interest. The Exchange believes that elimination of the
directed order program will provide the Exchange and the options
industry as a whole with additional time to evaluate the potential
benefits of a program such as the directed order program.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \10\
and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. BATS is deemed to have satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission has determined that waiving the 30-day
operative delay of the Exchange's proposal is consistent with the
protection of investors and the public interest because the Exchange
would like additional time to consider potential refinements to the
directed

order program and the directed order program has not been
implemented.\12\ Therefore, the Commission designates the proposal
operative upon filing.
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BATS-2011-023 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-BATS-2011-023. 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 Web site viewing and
printing in the Commission's Public Reference Room 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 Number SR-
BATS-2011-023 and should be submitted on or before August 19, 2011.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19236 Filed 7-28-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Page 19933]
[FR Doc No: 2014-08002]

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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0538, SEC File No. 270-481]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 203-3, Form ADV-H.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension of the previously approved
collection of information discussed below.
    The title for the collection of information is ``Form ADV-H under
the Investment Advisers Act of 1940.'' Rule 203-3 (17 CFR 275.203-3)
under the Investment Advisers Act of 1940 (15 U.S.C. 80b) requires that
registered advisers requesting either a temporary or continuing
hardship exemption submit the request on Form ADV-H. Rule 204-4 (17 CFR
275.204-4) under the Investment Advisers Act of 1940 requires that
exempt reporting advisers requesting a temporary hardship exemption
submit the request on Form ADV-H. The purpose of this collection of
information is to permit advisers to obtain a hardship exemption to not
complete an electronic filing. The temporary hardship exemption that is
available to registered advisers under rule 203-3 and exempt reporting
advisers under rule 204-4 permits these advisers to make late filings
due to unforeseen computer or software problems. The continuing
hardship exemption available to registered advisers under rule 203-3
permits advisers to submit all required electronic filings on hard copy
for data entry by the operator of the IARD.
    The Commission has estimated that compliance with the requirement
to complete Form ADV-H imposes a total burden of approximately one hour
for an adviser. Based on our experience with hardship filings, we
estimate that we will receive 11 Form ADV-H filings annually from
registered investment advisers and three Form ADV-H filings annually
from exempt reporting advisers. Based on the 60 minute per respondent
estimate, the Commission estimates a total annual burden of 14 hours
for this collection of information.
    Rule 203-3, rule 204-4, and Form ADV-H do not require recordkeeping
or records retention. The collection of information requirements under
the rule and form are mandatory. The information collected pursuant to
the rule and Form ADV-H consists of filings with the Commission. These
filings are not kept confidential. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: April 4, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-08002 Filed 4-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38774-38775]
[FR Doc No: 2014-16061]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0389; Airspace Docket No. 14-ASO-6]
RIN 2120-AA66

Amendment of Time of Designation for Restricted Area R-3002G;
Fort Benning, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action amends the time of designation for restricted area
R-3002G at Fort Benning, GA, by removing the words ``local time'' and
adding the words ``Eastern time'' to the published time of designation.
The majority of the R-3002 complex (i.e., R-3002A through F) lies
within the Eastern time zone. However, R-3002G is a small segment that
is in the Central time zone. Since the Eastern time zone is predominant
and is used for scheduling activities in the entire complex, the time
of

designation for R-3002G is amended to avoid confusion.

DATES: Effective date 0901 UTC, September 18, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, AJV-11, Office of Airspace Services, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Fort Benning, GA, restricted area complex consists of seven
subareas designated R-3002A through G. Restricted areas R-3002A through
F lie within the Eastern time zone, while R-3002G is a small segment
that lies within the Central time zone. Normally, the times listed in
the ``time of designation'' for a restricted area include the qualifier
``local time'' in the description. However, when a complex overlaps
more than one time zone, the predominant time zone is specified in the
time of designation for the lesser subarea even though that area
extends into an adjacent time zone. In this case, all R-3002 subareas,
except area G, lie within the Eastern time zone and the using agency
schedules activation of the entire area based on Eastern time.
Therefore, to avoid possible confusion, ``Eastern time'' is being added
to the time of designation for R-3002G.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by removing the words ``local time'' from the time of
designation for restricted area R-3002G, Fort Benning, GA, and
inserting the words ``Eastern time.'' Since all R-3002 subareas, except
area G, lie within the Eastern time zone, the Eastern time zone is
predominant and is used for scheduling the activation of all subareas
(A through G).
    Because this amendment is simply an editorial change that does not
affect the boundaries, designated altitudes, or activities conducted
within the restricted area, notice and public procedure under 5 U.S.C.
553(b) are unnecessary.
    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that 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 in accordance
with 311d., FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures. This airspace action is an administrative change to the
description of restricted area R-3002G to clarify the time zone used in
scheduling activation of the airspace. It does not alter the
dimensions, altitudes, or activities conducted within the airspace;
therefore, it is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exists that
warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.30  [Amended]

0
2. Section 73.30 is amended as follows:
* * * * *

R-3002G Fort Benning, GA [Amended]

    By removing the current time of designation and adding the
following:
    Time of designation. Intermittent, 0600-0200 Eastern time daily;
other times by NOTAM 6 hours in advance.
* * * * *

    Issued in Washington, DC, on July 2, 2014.
Gary A. Norek,
Manager, Airspace Policy and Regulations Group.
[FR Doc. 2014-16061 Filed 7-8-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28896-28898]
[FR Doc No: 2018-13317]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0053]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from eight individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before July 23, 2018

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0053 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours
each day, 365 days each year. If you want acknowledgment that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgement page that appears
after submitting comments online.
    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.

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 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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The eight individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    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.]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Ricky B. Alegre

    Mr. Alegre is a 31 year-old class D driver in New Jersey. He has a
history of a single provoked seizure and has been seizure free since
April 2014. He takes anti-seizure medication with the dosage and
frequency remaining the same since April 2014. His physician states
that he is supportive of Mr. Alegre receiving an exemption.

Stephen M. Christner

    Mr. Christner is a 39 year-old class C driver in Pennsylvania. He
has a history of epilepsy and has been seizure free since 2000. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2007. His physician states that he is supportive of Mr.
Christner receiving an exemption.

Paul J. Gomez

    Mr. Gomez is a 56 year-old class C driver in California. He has a
history of generalized convulsive epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since August 2010. His physician states
that he is supportive of Mr. Gomez receiving an exemption.

Lawrence J. Knox

    Mr. Knox is a 57 year-old class D driver in Massachusetts. He has a
history of a seizure disorder and has been seizure free since 1988. He
takes anti-seizure medication with the dosage and frequency remaining
the same since May 2015. His physician states that he is supportive of
Mr. Knox receiving an exemption.

Thomas A. Ork

    Mr. Ork is a 56 year-old class C driver in New York. He has a
seizure disorder and has been seizure free since 2004. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2004. His physician states that he is supportive of Mr. Ork
receiving an exemption.

Constance Seale

    Ms. Seale is a 64 year-old class CB CDL holder in Delaware. She has
a history of a seizure disorder and has been seizure free since 1978.
She takes anti-seizure medication with the dosage and frequency
remaining the same since 1978. Her physician states that he is
supportive of Ms. Seale receiving an exemption.

Anne M. Spencer-Brown

    Ms. Spencer-Brown is a 38 year-old class A CDL holder in West
Virginia. She has a history of a seizure disorder and has been seizure
free since 2008. She takes anti-seizure medication with the dosage and
frequency remaining the same since 2008. Her physician states that she
is supportive of Ms. Spencer-Brown receiving an exemption.

Floyd C. Williams

    Mr. Williams is a 53 year-old class D driver in Virginia. He has a
history of a seizure disorder and has been seizure free since 2003. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2003. His physician states that he is supportive of Mr.
Williams receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0053 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0053 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: June 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13317 Filed 6-20-18; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10812-10814]
[FR Doc No: 2021-02482]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0889; Airspace Docket No. 20-ASO-25]
RIN 2120-AA66

Amendment of Class D Airspace, and Class E Airspace; Smyrna, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class D airspace and Class E airspace
extending upward from 700 feet above the surface at Smyrna Airport,
Smyrna, TN. An evaluation of airspace in the area determined that this
airport required an adjustment of Class D and E airspaces. Controlled
airspace is necessary for the safety and management of instrument
flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, August 12, 2021. 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 7400.11E, 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 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 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of prosed rulemaking in the Federal
Register (85 FR 73436, November 18, 2020) for Docket No. FAA-2020-0889
to amend Class D airspace for Smyrna, TN, as the FAA has determined
that extensions of 1.2 miles each side of the 142[deg] bearing from the
airport, extending from the 3.9-mile radius to 5.5 miles southeast of
the airport, and within 1.2 miles each side of the 184[deg] bearing
from the airport, extending from the 3.9-mile radius to 5.5 miles south
of the airport are necessary for the safety of IFR aircraft landing at
Smyrna Airport. Also, the Class D ceiling is reduced from 3,000 feet to
2,500 feet as per the request of the air traffic facilities involved.
In addition, the FAA proposed to update Class E airspace extending
upward from 700 feet above the surface by increasing the airport radius
from 9 miles to 11.5 miles. The FAA also proposed the reference to
Nashville Class C in the Class D description be removed as it is not
necessary (7400.11, 1003.b).
    Finally, subsequent to publication of the proposal the FAA found
the southern Class D extension was incorrectly identified as the
181[deg] bearing. This action corrects the extension to read 184[deg]
bearing.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and Class E airspace designations are published in
Paragraph 5000, and 6005, respectively, of FAA Order 7400.11E, dated
July 21, 2020, and effective September 15, 2020, which is incorporated
by reference in 14 CFR 71.1. The Class E airspace designations listed
in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    This amendment to 14 CFR part 71 amends Class D airspace for
Smyrna, TN, as the FAA has determined that extensions of 1.2 miles each
side of the 142[deg] bearing from the airport, extending from the 3.9-
mile radius to 5.5 miles southeast of the airport, and within 1.2 miles
each side of the 184[deg] bearing from the airport, extending from the
3.9-mile radius to 5.5 miles south of the airport are necessary for the
safety of IFR aircraft landing at Smyrna Airport. Also, the Class D
ceiling is reduced from 3,000 feet to 2,500 feet as per the request of
the air traffic facilities involved. In addition, the FAA updates Class
E airspace extending upward from 700 feet above the surface by
increasing the airport radius from 9 miles to 11.5 miles. Also, the
reference to Nashville Class C, in the Class D description, is removed
as it is not necessary (7400.11, 1003.b). FAA Order 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 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 in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020,
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO TN D Smyrna, TN [Amended]

Smyrna Airport, TN
    (Lat. 36[deg]00'32'' N, long. 86[deg]31'12'' W)

    That airspace extending upward from the surface to but not
including 2,500 feet MSL within a 3.9-mile radius of the Smyrna
Airport, and within 1.2 miles each side of the 142[deg] bearing from
the airport, extending from the 3.9-mile radius to 5.5-miles
southeast of the airport, and within 1.2-miles each side of
the184[deg] bearing from the airport, extending from the 3.9-mile
radius to 5.5-miles south of the airport. This Class D airspace area
is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective dates and times will
thereafter be continuously published in the Chart Supplement.

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

ASO TN E5 Nashville, TN [Amended]

Nashville International Airport, TN
    (Lat. 36[deg]07'28'' N, long. 86[deg]40'41'' W)
Smyrna Airport

    (Lat. 36[deg]00'32'' N, long. 86[deg]31'12'' W)
Music City Executive Airport
    (Lat. 36[deg]22'30'' N, long. 86[deg]24'30'' W)
Lebanon Municipal Airport
    (Lat. 36[deg]11'25'' N, long. 86[deg]18'56'' W)
Murfreesboro Municipal Airport
    (Lat. 35[deg]52'43'' N, long. 86[deg]22'39'' W)
John C. Tune Airport
    (Lat. 36[deg]10'59'' N, long. 86[deg]53'11'' W)
Vanderbilt University Medical Center Hospital Point In Space
Coordinates
    (Lat. 36[deg]08'30'' N, long. 86[deg]48'6'' W)

    That airspace extending upward from 700 feet above the surface
within a 15 mile radius of Nashville International Airport, and
within a 11.5-mile radius of Smyrna Airport, and within a 7-mile
radius of Music City Executive Airport, and within a 10-mile radius
of Lebanon Municipal Airport, and within a 9-mile radius of
Murfreesboro Municipal Airport, and within an 8.6-mile radius of
John C. Tune Airport, and that airspace within a 6-mile radius of
the Point In Space serving Vanderbilt University Medical Center
Hospital.

    Issued in College Park, Georgia, on February 1, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-02482 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P