[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Pages 3986-3992]
[FR Doc No: 2020-01023]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. SIPA-179; File No. SIPC-2019-02]

Securities Investor Protection Corporation; Notice of Filing of
Proposed Bylaw Changes Relating to SIPC Member Assessments

January 16, 2020.
    Pursuant to Section 3(e)(1) of the Securities Investor Protection
Act of 1970 (``SIPA''),\1\ on November 19, 2019 the Securities Investor
Protection Corporation (``SIPC'') filed with the Securities and
Exchange Commission (``Commission'') proposed bylaw changes relating to
SIPC member assessments. Pursuant to section 3(e)(1)(B) of SIPA, the
Commission finds that these proposed bylaw changes involve a matter of
such significant public interest that public comment should be
obtained.\2\ Therefore, pursuant to section 3(e)(2)(A) of SIPA, the
Commission is publishing this notice to solicit comment from interested
persons on the proposed bylaw changes.\3\
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    \1\ 15 U.S.C. 78ccc(e)(1).
    \2\ 15 U.S.C. 78ccc(e)(1)(B).
    \3\ 15 U.S.C. 78ccc(e)(2)(A).
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    In its filing with the Commission, SIPC included statements
concerning the purpose of and statutory basis for the proposed bylaw
changes as described below, which description has been substantially
prepared by SIPC.

I. SIPC's Statement of the Purpose of, and Statutory Basis for, SIPC
Proposed Bylaw Changes Relating to SIPC Member Assessments

    Pursuant to Section 3(e)(1) of SIPA, SIPC hereby submits for filing
with the Commission proposed amendments to Article 6 of the SIPC Bylaws
(``Bylaws''). Article 6 relates to the assessments that SIPC imposes
upon its members.
    As revised, Article 6 would maintain assessments at the current
rate of 0.15 percent of a member's net operating revenue from the
securities business until SIPC's unrestricted net assets reach $5
billion.\4\ ``Unrestricted net assets'' are comprised primarily of the
amount in the SIPC Fund at year end, minus the estimated cost to
complete pending liquidation proceedings, as reflected in SIPC's most
recent audited Statement of Financial Position. Once the aforementioned
condition is met, SIPC would commission a study to consider the
adequacy of the SIPC Fund, and would do so every four years thereafter.
The study would analyze a variety of factors, as set forth in the
proposed amended Bylaw. After consideration of the study and the report
thereon, and after consultation with the Commission and self-regulatory
organizations, SIPC could increase or decrease, within certain limits,
the appropriate assessment rate in order to maintain the Fund and
effect SIPA's purposes.
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    \4\ ``Net operating revenues from the securities business'' is
``gross revenues from the securities business less interest and
dividend expenses, and includes those clarifications as are set
forth in the SIPC assessment forms and instructions.'' SIPC Bylaw
Article 6, Section 1(a)(3)(g) [sic].
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    Pursuant to SIPA Section 78ddd(c)(2), SIPC has consulted with self-
regulatory organizations with respect to the proposed amendments. SIPC
has determined that the changes are necessary and appropriate to
maintain the SIPC Fund.

Background

    SIPC is a non-profit member organization created in 1970 under
SIPA, for the protection of customers of member broker-dealers placed
in liquidation under SIPA. With some exceptions set by statute, all
registered securities brokers or dealers are members of SIPC. SIPC
protects the customers of member firms in liquidation under SIPA. Among
other things, SIPC advances funds to satisfy the claims of customers.
Each customer is protected by SIPC up to $500,000 against the loss of
missing cash and/or securities entrusted by the customer to the broker.
The $500,000 includes a limit of up to $250,000 where the allowed claim
is for cash only. The advances by SIPC come from a ``Fund'' that SIPC
administers. The Fund largely is comprised of assessments paid to SIPC
by its members. The Fund also is used to pay the administrative
expenses of a liquidation proceeding where the debtor's general estate
is insufficient, and to finance the day-to-day operations of SIPC.

The Assessment Bylaw

    Article 6 of the Bylaws now imposes a yearly assessment rate of
0.15% of net operating revenues from the member's securities business
(``NOR'') where the balance of the SIPC Fund is less than $2.5 billion
and will remain at that amount for six months or more. If the SIPC Fund
has reached $2.5 billion but SIPC's unrestricted net asset amount is
less than $2.5 billion, then the yearly assessment rate is .15% of NOR.
Once the unrestricted net assets total at least $2.5 billion, then the
assessment rate is a minimum assessment of .02% of NOR.
    Currently, SIPC's only sources of funding are its Fund and a
possible Government loan. To ensure that SIPC

has sufficient independent resources to carry out its purposes (thus
obviating the need to borrow from the Federal Government), SIPC has
determined to keep the assessment rate at 0.15% of NOR until SIPC's
unrestricted net assets total $5 billion. This will accomplish a few
things: (1) Provide a larger cushion for unknown contingencies; (2)
reduce the potential volatility of member assessments during periods of
economic downturn or individual member crisis; and (3) promote sound
financial management in light of SIPC's statutory mission.

General Statement of Basis and Purpose of Proposed Changes

    There is no scientific basis for determining the exact adequacy of
the SIPC Fund. Nevertheless, SIPC's statutory obligation to protect
customers of failed firms, and in certain cases, to pay the costs and
expenses of administration of the liquidation proceeding, impose upon
SIPC a duty to take a responsible approach to calculating both the size
of the SIPC Fund, and the reasonableness of an assessment rate that
maintains and promotes adequate funding.
    As SIPC has witnessed over the past decade, risks abound--from a
large firm failure with encumbered assets, to a Ponzi scheme with
significant losses to customers, to risks presented by a cybersecurity
attack or the use of digital assets. Assessing the adequacy of the Fund
is especially challenging because the cost of a liquidation does not
necessarily correlate with any traditional measure of financial
exposure for broker-dealers. Instead, the Fund's adequacy depends
largely on member firms' compliance with customer protection or net
capital rules, the probability of which is challenging to quantify.
    SIPC's resources must enhance investor confidence. Given the risks
described above, and remaining vigilant regarding the uncertainties in
an ever-changing marketplace, SIPC believes that in order for its
mission of customer protection to succeed, SIPC must maintain a robust
Fund.

Historical Perspective

    The initial SIPC Fund totaled $77.6 million.\5\ In 1992, SIPC's
Board (``the Board'') raised the target balance of the SIPC Fund to $1
billion, and the SIPC Fund reached that amount in 1996. The Board last
sought to augment the size of the Fund in 2009, when, following the
commencement of the liquidation proceedings of Lehman Brothers Inc.
(``LBI''), and Bernard L. Madoff Investment Securities LLC (``BLMIS''),
the assessment rate was revised to cause the Fund to grow to $2.5
billion.
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    \5\ Comprised of member assessments of $9.6 million, the
transfer of $3 million from the American Stock Exchange, Inc. trust
fund, and confirmed lines of credit totaling $65 million.
[GRAPHIC] [TIFF OMITTED] TN23JA20.001

    As the graph above reveals, before the liquidation of BLMIS in
2008, SIPC's Fund balance had doubled roughly every ten years. In
addition, during those years and until 2010, SIPC had a substantial
confirmed private line of credit.\6\ Due to the high cost and/or
unavailability, SIPC no longer has the private line of credit.
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    \6\ SIPC's last credit agreement, a $500 million, 3-yr.
revolving credit facility, expired March 1, 2010.
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The Risk Landscape

    The financial crisis of 2008, and the ensuing liquidation
proceedings of LBI and BLMIS, revealed clearly the need for SIPC to
increase the Fund balance. Although the LBI liquidation proceeding
ultimately did not require SIPC to advance funds to satisfy claims, or
pay for expenses of administration, any future failure of a global
enterprise and its broker-dealer affiliate could have a very different
outcome for SIPC. For example, had funds sought by LBI been encumbered
overseas, or had LBI been reducing artificially its segregated customer
reserve requirement through otherwise legal complex transactions, that
may have imposed significant demands on the SIPC Fund.
    The liquidation proceeding of BLMIS has required SIPC to make the
largest aggregate advance in its history. In statistical terms, the
amount is more than 100 standard deviations greater than the amounts
advanced by SIPC in all of its previous cases.\7\ Today, an event
statistically comparable to BLMIS would require advances to customers
amounting to between $4 billion and $5 billion.
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    \7\ In addition, the amounts advanced by SIPC in the BLMIS
liquidation are more than 107 times greater than the average advance
of the ten next largest SIPC cases.
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    SIPC faces risks beyond those posed by large Ponzi schemes or a
credit crisis. These additional risks, many of which are hard to
quantify, include, for example, technology-related failures, such as a
cyberattack on a large SIPC member that restricts access by customers
to their assets; or risks stemming from the delay in computing a
broker-dealer's reserve requirement. For example, SEC Rule 15c3-3, 17
CFR 240.15c3-3, which governs the protection of customer assets,
requires a broker-dealer to compute its cash reserve requirement on a
weekly, not daily, basis. Although a number of SIPC members voluntarily
rebalance their cash reserves on a daily basis, a large SIPC member
that does not might not have enough cash in its Rule 15c3-3(e) reserve
account due to an increase in its net cash obligations following its
last required reserve computation.
    Another factor underscoring SIPC concerns is the potential risk to
the solvency of the SIPC Fund under the Orderly Liquidation provisions
of the Dodd Frank Act, Title II. Dodd-Frank creates an important role
for SIPC in the event of the failure of a covered, large complex
securities broker-dealer that presents systemic risk. Under Dodd-Frank,
SIPC is designated as trustee for the liquidation of the broker-dealer
under SIPA. 12 U.S.C. 5385(A). As trustee, SIPC must determine and
satisfy claims against the broker-dealer consistent with SIPA. 12
U.S.C. 5385(D). While the FDIC has expressed a preference to use Dodd-
Frank to intervene at the holding company

level,\8\ the law nevertheless remains available to liquidate a
systemically important broker-dealer.
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    \8\ Resolution of Systemically Important Financial Institutions:
The Single Point of Entry Strategy, 78 FR 76614 (Dec. 18, 2013).
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Mechanism for Setting the Assessment Rate

    Once the unrestricted net asset amount is $5 billion, SIPC would,
as it often has in the past,\9\ commission a study to review the
adequacy of the SIPC Fund. In the ordinary course, SIPC would
commission the study every four years. The study would entail
consideration of such factors as the overall state of the SIPC Fund,
current and projected financial market conditions and trends, historic
and perceived risks and threats to the viability of the SIPC Fund, any
undue burden on members, or members' customers, and other factors
deemed appropriate by the SIPC Board.
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    \9\ At various times, the size of SIPC's Fund has been
independently reviewed. See, e.g., GAO Report, The Regulatory
Framework Has Minimized SIPC's Losses, September 1992; Review of
SIPC Risk Profile and Practices, Fitch Risk Management, 2003; Loss
Modeling and Capital Reserve Adequacy Study, Algorithmics Inc.,
2008; Task Force Recommendation Analysis: Methodology and Summary of
Results, Opera Solutions LLC, 2013.
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    Upon consideration of the results of the study and the report
thereon that would issue, and after consultation with the Commission
and one or more self-regulatory organizations, SIPC would set the
appropriate assessment rate necessary to maintain the Fund and satisfy
SIPA's purposes.
    Other provisions of SIPC Bylaw Article 6 are unchanged such as the
rate when the Fund is less than $150 million, or less than $100
million, or the circumstances under which the rate imposed can be more
than \1/2\ of 1% of gross revenues from the securities business but not
more than 1% thereof.\10\ These provisions largely track the
requirements under SIPA Sections 78ddd(c)(3)(B) and 78ddd(d)(1)(A) and
B.
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    \10\ ``Gross revenues from the securities business'' is defined
in SIPA Section 78lll(9).
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    Given not only the risks described above, but the risk to members
that, by statute, a significant event could cause assessment rates
immediately to jump to at least 0.50% of gross revenues from the
securities business and possibly be as high as 1%, SIPC submits that
growing the Fund at a consistent pace lessens any negative impact on
members, with the attendant benefit of reaching $5 billion sooner.
Barring unforeseen sizeable expenditures, SIPC estimates that at the
current yearly assessment rate of .15% of NOR, SIPC's unrestricted net
assets, as reflected in SIPC's audited Statement of Financial Position,
would be $5 billion by no later than December 31, 2026. If SIPC did
nothing to address the adequacy of the Fund or the assessment rate,
then at a rate of 0.02% per annum, which would be the assessment under
the current version of the Assessment Bylaw, the $5 billion balance
would not be reached until the year 2040.

Impact on Members

    Adopting the modifications proposed by SIPC should have a limited
impact on member firms. As the chart below reveals, based on 2018 data,
SIPC staff estimates that two-thirds of the total difference in annual
assessments under the proposed assessment rate structure would be paid
by only 30 members for which the difference in the assessment payment
would amount, on average, only to .091% of their total revenue.

[GRAPHIC] [TIFF OMITTED] TN23JA20.002

    In the above chart, column 1 refers to the difference in amount
that a broker-dealer would pay as a result of being assessed at a rate
of .15% instead of .02%. Column 2 is the number of broker-dealers
impacted at that amount. Column 3 is the percentage that the broker-
dealers at a certain level represent relative to the total number of
broker-dealers. Column 4 is the total additional amount paid by all
broker-dealers at a given level. Column 5 is the percentage that the
payments reflect relative to all payments. Column 6 is the percentage
that the payments represent, on average, relative to the broker-
dealers' revenue.
    Thus, an assessment rate of .15%, as opposed to .02%, would cause
the largest 30 SIPC members to pay approximately $172 million more out
of their approximately $213 billion in revenue. This increase amounts
to approximately 8/100 of 1% of such members' revenue, and represents
\2/3\ of the total impact on all members. More than half of SIPC
members would see an increase of less than $2,500 in the amount of
their annual assessment, with more than 20% of members paying a
difference of less than $100. In other words, the impact of modifying
the assessment structure on both the total assessment burden, and the
distribution of the assessment burden, among individual broker-dealers,
would be comparatively limited.

Proposed Technical Changes

Clarification of Role of Collection Agent
    In addition to the above, SIPC proposes to amend that portion of
the Assessment Bylaw relating to Collection of General Assessments
(SIPC Bylaw Article 6, Section 1(c)).
    Under SIPA Section 78iii(a), each self-regulatory organization
(``SRO'') may act as the collection agent for SIPC to collect
assessments payable by members for which the SRO is the examining
authority. However, SIPA does not mandate that SIPC use a collection
agent to collect assessments, and SIPA does not restrict collection
exclusively to collection agents. See, e.g., SIPA Section 78ddd(c)(1)
(``Each member of SIPC shall pay to SIPC, or the collection agent for
SIPC . . . . [emphasis added]''). Furthermore, under SIPA Section
78ccc(b)(8), since SIPC has the power to ``do any and all other acts
and things as may be necessary or incidental to the conduct of its
business and the exercise of all other rights and powers granted to
SIPC,'' SIPC has the general authority

directly to collect assessments. Indeed, for more than 20 years--since
the mid-1990s--members have paid assessments directly to SIPC. Where
members have failed to pay their assessments, SIPC has referred the
delinquency to Commission staff and currently brings the matter to the
attention of FINRA for collection.
    In keeping with current practice, and in light of technological
developments and capabilities that have continued to improve
considerably, the proposed bylaw removes the provision that requires
members to pay assessments to collection agents. The proposed Bylaw
amendment re-letters the provisions that follow current Bylaw Article
6, Section 1(c). The re-lettered provisions include current Section
1(d) of Bylaw Article 6 (Report by Collection Agents). Section 1(d)
requires the SROs to report in writing to SIPC as to any member from
which the SRO has or has not been successful in collecting payment. In
this manner, SIPC can stay informed as to any member that continues to
be delinquent and refer the member, as needed, to the Commission for
further action under SIPA Section 78jjj(a).
Elimination of Interest Payment Period on Past-Due Payments
    Currently, the SIPC Bylaw provides that if a member's assessment
payment has not been received within 15 days of the due date, the
stated interest rate for late payments applies to unpaid amounts. In
January, 2019, SIPC developed an internet payment portal, whereby
members can pay SIPC directly online. SIPC is also presently working on
the development of a portal through which, among other things, members
can file assessment forms. The creation by SIPC of the means by which
members can make immediate payment obviates the need for a grace
period.

II. Need for Public Comment

    Section 3(e)(1) of SIPA provides that the SIPC Board must file a
copy of any proposed bylaw change with the Commission, accompanied by a
concise general statement of the basis and purpose of the proposed
bylaw change.\11\ The proposed bylaw change will become effective
thirty days after the date of filing with the Commission or upon such
later date as SIPC may designate or such earlier date as the Commission
may determine unless: (A) The Commission, by notice to SIPC setting
forth the reasons for such action, disapproves the proposed bylaw
change as being contrary to the public interest or contrary to the
purposes of SIPA; or (B) the Commission finds that the proposed bylaw
change involves a matter of such significant public interest that
public comment should be obtained, in which case it may, after
notifying SIPC in writing of such finding, require that the procedures
for SIPC proposed rule changes in section 3(e)(2) of SIPA be followed
with respect to the proposed bylaw change.\12\
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    \11\ 15 U.S.C. 78ccc(e)(1).
    \12\ 15 U.S.C. 78ccc(e)(1).
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    The SIPC Fund, which is built from assessments on its members and
the interest earned on the Fund, is used for the protection of
customers of members liquidated under SIPA to maintain investor
confidence in the securities markets. In light of this fact and that
the bylaw change provides for a modified calculation of the assessment
rate and a change to collection practices, the Commission finds,
pursuant to section 3(e)(1)(B) of SIPA,\13\ that the proposed bylaw
change involves a matter of such significant public interest that
public comment should be obtained and is requiring that the procedures
applicable to SIPC proposed rule changes in section 3(e)(2) of SIPA
\14\ be followed. As required by section 3(e)(1)(B) of SIPA,\15\ the
Commission has notified SIPC of this finding in writing.
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    \13\ 15 U.S.C. 78ccc(e)(1)(B).
    \14\ 15 U.S.C. 78ccc(e)(2).
    \15\ 15 U.S.C. 78ccc(e)(1)(B).
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III. Date of Effectiveness of the Proposed Bylaw Changes and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register, or within such longer period (A) as the Commission
may designate of not more than ninety days after such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (B) as to which SIPC consents, the Commission shall: (i) By
order approve such proposed bylaw changes; or (ii) institute
proceedings to determine whether such proposed bylaw changes should be
disapproved.\16\
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    \16\ 15 U.S.C. 78ccc(e)(2)(B).
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IV. Text of Proposed Bylaw Change

    The text of the proposed bylaw changes is provided below. Proposed
new language is in italics; proposed deletions are in brackets.
ARTICLE 6
ASSESSMENTS
Section 1. General
    (a) Amount of Assessment
    (1) The amount of each member's assessment for the member's fiscal
year shall be the product of the assessment rate established by SIPC
for that fiscal year and either the member's gross [or net ]revenues or
net operating revenues from the securities business, as follows:
    (A) [The assessment rate shall be one-fourth (\1/4\) of one (1)
percent per annum of net operating revenues from the member's
securities business for each calendar year or part thereof unless SIPC
determines that the balance of the SIPC Fund, as defined in Section
4(a)(2) of the Act, exclusive of confirmed lines of credit, will remain
at or above $2.5 billion for six months or more] If at any time SIPC
determines that SIPC's unrestricted net assets are:
    (i) Less than $5.0 billion but not less than $2.5 billion, and are
reasonably likely to remain less than $5.0 billion but not less than
$2.5 billion, the amount of each member's assessment shall be 0.15
percent per annum of net operating revenues from the member's
securities business for each calendar year or part thereof.[has
aggregated a balance of $2.5 billion, and]
    (ii) less than $2.5 billon, the amount of each member's assessment
shall be one-fourth (\1/4\) of one (1) percent per annum of net
operating revenues from the member's securities business for each
calendar year or part thereof.
    (B) Notwithstanding anything herein to the contrary, if at any time
SIPC determines that the balance of the SIPC Fund aggregates or is
reasonably likely to aggregate:
    (i) Less than $150,000,000--the amount of each member's assessment
shall be at an amount to be determined by SIPC, but in no case shall
the amount of each member's assessment be less than an assessment rate
of one-fourth (\1/4\) of one (1) percent per annum of such member's
gross revenues from the securities business.
    (ii) less than $100,000,000--the amount of each member's assessment
shall be at an amount to be determined by SIPC, but in no case shall
the amount of each member's assessment be less than an assessment rate
of one-half (\1/2\) of one (1) percent per annum of such member's gross
revenues from the securities business.
    (iii) The amount of each member's assessment shall not exceed one-
half (\1/2\) of one (1) percent per annum of such member's gross
revenues from the securities business, unless SIPC determines that a
rate in excess of one-half (\1/2\) of one (1) percent during any twelve
(12) month period will not have a material adverse effect on the
financial condition of its members or their customers. No assessment
made pursuant to this section 1(a)(1) shall require payments during any
such period that exceed in the aggregate one (1) percent of any
member's gross

revenues from the securities business for such period.
    [Notwithstanding the provisions of Section 1(a)(1)(A) herein, if
SIPC determines that the balance of the SIPC Fund, as defined in
Section 4(a)(2) of the Act, exclusive of confirmed lines of credit, (i)
has aggregated $2.5 billion, and (ii) will remain at or above $2.5
billion for six months or more, but SIPC's unrestricted net assets, as
reflected in SIPC's most recent audited Statement of Financial
Position, are less than $2.5 billion, the assessment rate shall be 0.15
percent per annum of net operating revenues from the member's
securities business for each calendar year or part thereof.](C) SIPC
shall commission a study (``Study'') every four years to examine the
adequacy of the balance of SIPC's unrestricted net assets and the SIPC
Fund and the appropriate assessment rate that is necessary to fulfill
the purposes of the Act. The Study will examine the overall state of
SIPC's unrestricted net assets and Fund balances, current and projected
financial market conditions and trends, historic and perceived risks
and threats to the viability of SIPC's unrestricted net assets and
Fund, any undue burden on members or members' customers, and such other
factors as the Board determines. The Study shall result in a report
(``Report'') to be furnished to SIPC. The first Study shall be
commissioned when SIPC reasonably anticipates that SIPC's unrestricted
net assets have reached a total of $5.0 billion. [If SIPC determines
that the balance of the SIPC Fund, as defined in Section 4(a)(2) of the
Act, exclusive of confirmed lines of credit, has aggregated $2.5
billion or more, and will remain at or above $2.5 billion for six
months or more, and SIPC's unrestricted net assets, as reflected in
SIPC's most recent audited Statement of Financial Position, are at or
above $2.5 billion, members shall pay a minimum assessment, which shall
be 0.02 percent of the net operating revenues from the securities
business for each calendar year or part thereof.](D) Without limitation
of SIPC's authority under 15 U.S.C. 78ccc and 78ddd to set assessments,
if SIPC determines that SIPC's unrestricted net assets are $5.0 billion
or more and are reasonably likely to remain above $5.0 billion, and
after review of the information contained in the last Report at such
time, and after consultation with the Securities and Exchange
Commission and self-regulatory organizations, SIPC may not more than
once in any four-year period, increase or decrease the assessment rate
by up to, but not more than, twenty-five percent (25%) of the rate in
effect at that time. [Anything to the contrary herein notwithstanding,
if at any time SIPC determines that the balance of the SIPC Fund, as
defined in Section 4(a)(2) of the Act, exclusive of confirmed lines of
credit, aggregates or is reasonably likely to aggregate:
    (i) Less than $2.5 billion and will likely remain less than $2.5
billion for a period of six (6) months or more--the amount of each
member's assessment shall be at an assessment rate of one-fourth (\1/
4\) of one (1) percent per annum of net operating revenue.
    (ii) less than $150,000,000--the amount of each member's assessment
shall be at an amount to be determined by SIPC, but in no case shall
the amount of each member's assessment be less than an assessment rate
of one-fourth (\1/4\) of one (1) percent per annum of such member's
gross revenues from the securities business.
    (iii) less than $100,000,000--the amount of each member's
assessment shall be at an amount to be determined by SIPC, but in no
case shall the amount of each member's assessment be less than an
assessment rate of one-half (\1/2\) of one (1) percent per annum of
such member's gross revenues from the securities business.
    (iv) The amount of each member's assessment shall not exceed one-
half (\1/2\) of one (1) percent per annum of such member's gross
revenues from the securities business, unless SIPC determines that a
rate in excess of one-half (\1/2\) of one (1) percent during any twelve
(12) month period will not have a material adverse effect on the
financial condition of its members or their customers. No assessment
made pursuant to this section 1(a)(1) shall require payments during any
such period that exceed in the aggregate one (1) percent of any
member's gross revenues from the securities business for such period.]
    (E) Any minimum assessment imposed upon each member of SIPC shall
be 0.02 percent of the net operating revenues from the securities
business of such member for each calendar year or part thereof.
    (2) Any change in assessments made in accordance with Section
1(a)(1) herein shall commence on the first day of the year following
the date on which SIPC announces its determination, or on such other
date if the exigency of the circumstances so warrants in SIPC's
determination, and continue until such time as SIPC provides otherwise.
    (3) Commencing on the first day of the month following the date on
which SIPC borrows moneys pursuant to Section 4(f) or Section 4(g) of
the Act, and continuing while any such borrowing is outstanding and
until such further time as SIPC provides otherwise, the amount of each
member's assessment shall be at an assessment rate of not less than
one-half (\1/2\) of one (1) percent per annum of such member's gross
revenues from the securities business.
    (b) Payments. Assessments shall be payable at such times and in
such manner as may be determined by SIPC's Vice President--Finance with
the approval of the Chairman.
    [(c) Collection of General Assessments. Each member of the
Corporation who is a member of a self-regulatory organization shall pay
assessments to its collection agent. In the case of members who are not
members of any self-regulatory organization, assessments shall be paid
directly to the Corporation.]
    [(d)](c) Report by Collection Agents. Within 45 days after each due
date, each self-regulatory organization that acts as[which is the]
collection agent for SIPC shall submit a written report to SIPC[ the
Corporation] as to any entity [for whom it acts as collection agent
]whose filing or assessment payment has not been received.
    [(e)](d) Interest on Assessments. If all or any part of an
assessment payable under Section 4 of the Act has not been timely
received[ by the collection agent within 15 days after the due date
thereof], the member shall pay, in addition to the amount of the
assessment, interest at the rate of 20% per annum on the unpaid portion
of the assessment for each day it has been overdue. If any broker or
dealer has incorrectly filed a claim for exclusion from membership in
the Corporation, such broker or dealer shall pay, in addition to
assessments due, interest at the rate of 20% per annum on the unpaid
assessment for each day it has not been paid since the date on which it
should have been paid.
    [(f) Gross Revenues. The term ``gross revenues from the securities
business'' includes the revenues in the definition of gross revenues
from the securities business set forth in the applicable sections of
the Act.]
Section 2. Overpayments
    If the final annual reconciliation filed by a terminated member
reflects an assessment overpayment carried forward that exceeds
$150.00, SIPC may refund such excess to the member upon receipt of the
member's written request therefor and after [the member's ]SIPC
[collection agent ]has confirmed [to SIPC ]that all of the member's
SIPC assessment form filings and payments

and reports required by SEC Rule 17a-5 covering periods through the
termination date have been reviewed and accepted.
Section 3. Interpretation of Terms
    (a) For purposes of calculating assessments[ this article]:
    [(a)](i) The term ``securities in trading accounts'' shall mean
securities held for sale in the ordinary course of business and not
identified as having been held for investment.
    [(b)](ii) The term ``securities in investment accounts'' shall mean
securities that are clearly identified as having been acquired for
investment in accordance with provisions of the Internal Revenue Code
applicable to dealers in securities.
    [(c)](iii) The term ``fees and other income from such other
categories of the securities business'' shall mean all revenue related
either directly or indirectly to the securities business except revenue
included in Section 16(9)(A)-(K) and revenue specifically excepted in
Section 4(c)(3)(C).
    (b) For purposes of this Article:
    (i) Gross Revenues. The term ``gross revenues from the securities
business'' includes the revenues in the definition of gross revenues
from the securities business set forth in the applicable sections of
the Act.
    (ii) Net Operating Revenues. The term ``net operating revenues from
the securities business'' means gross revenues from the securities
business less interest and dividend expenses, and includes those
clarifications as are set forth in the SIPC assessment forms and
instructions.
    (iii) SIPC Fund or Fund. The term ``SIPC Fund'' or ``Fund'' is as
defined in Section 4(a)(2) of the Act, exclusive of confirmed lines of
credit.
    (iv) SIPC's unrestricted net assets. The term ``SIPC's unrestricted
net assets'' means the lesser of SIPC's unrestricted net assets as
reflected in SIPC's most recent audited Statement of Financial Position
or reasonably expected by SIPC to be reflected in its next audited
Statement of Financial Position.

V. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SIPC-2019-02 on the subject line.

Paper Comments

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

All comments should refer to File Number SIPC-2019-02. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed bylaw changes that are filed
with the Commission, and all written communications relating to the
proposed bylaw changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Commission.
All comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SIPC-2019-02, and
should be submitted on or before February 13, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(f)(2)(i); 17 CFR 200.30-3(f)(3).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01023 Filed 1-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14574-14576]
[FR Doc No: 2018-06756]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9378; Airspace Docket No. 16-ASW-16]

Amendment, Revocation, and Establishment of Class D and E
Airspace; Enid Vance AFB, OK; Enid Woodring Municipal Airport, OK;
Enid, OK; and Vance AFB, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action: Removes the Class D airspace for Enid Woodring
Municipal Airport, OK, and Enid Vance AFB, OK; establishes Class D
airspace for Enid Woodring Regional Airport, Enid, OK, and Vance AFB,
OK; amends the Class E airspace designated as a surface area for Enid
Woodring Regional Airport; establishes Class E airspace designated as a
surface area for Vance AFB; removes the Class E airspace designated as
an extension of Class D and Class E surface areas at Enid Woodring
Municipal Airport, OK, and Enid Vance AFB, OK; establishes Class E
airspace designated as an extension of Class D and Class E surface
areas at Enid Woodring Regional Airport and Vance AFB; and amends the
Class E airspace extending upward from 700 feet above the surface at
Enid Woodring Regional Airport and Vance AFB. Due to the differing
operating hours of the two airports, the airspace descriptions are
being separated for safety and management of instrument flight rules
(IFR) operations at these airports. Additionally, airspace redesign is
necessary to accommodate new instrument procedures at Enid Woodring
Regional Airport.

DATES: Effective 0901 UTC, July 19, 2018. 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 7400.11B, 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 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 and Class E airspace in the Enid, OK, area to
support IFR operations.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 28794; June 26, 2017) for Docket No. FAA-2016-9378 to
remove the Class D and Class E airspace at Enid Woodring Municipal
Airport, OK, and Enid Vance AFB, OK, and establish and amend Class D
and E airspace at Enid Woodring Regional Airport, OK, and Vance AFB,
OK, to enhance the safety and management of IFR operations at these
airports. 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, 6002, 6004, and 6005, respectively, of FAA Order
7400.11B, dated August 3, 2017, and effective September 15, 2017, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.

Differences From the NPRM

    The description for the Class E airspace designated as an extension
to Class D or Class E surface area at Enid Woodring Regional Airport,
Enid, OK, has been updated to include the radial and width information
for the extensions that was inadvertently omitted from the NPRM.
    The description for the Class E airspace designated as an extension
to Class D or Class E surface area at Vance AFB, OK, has been updated
to include the radial and width information for the extensions that was
inadvertently omitted from the NPRM.
    The airspace description for the Class D airspace at Vance AFB, OK,
has been simplified to provide a clearer description of the airspace.
    The airspace description for the Class E airspace designated as a
surface area at Vance AFB, OK, has been simplified to provide a clearer
description of the airspace.
    The eastern boundary for the Class E airspace area extending upward
from 700 feet or more above the surface for Enid, OK, has been changed
from ``8.7 miles east and west of Vance AFB'' to ``9.1 miles east and
8.7 miles west of Vance AFB'' to fully contain the new southern Class E
airspace area designated as an extension to Class D or Class E surface
areas at Enid Woodring Regional Airport within this airspace.
Additionally, the exclusionary language in the airspace description is
no longer required and has been removed.
    Additionally, the geographic coordinates for Vance AFB are being
updated to coincide with a recent change to the FAA aeronautical
database.

    Except for the changes noted above, the actions in this final rule
are the same as published in the NPRM.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by:
    Removing the Class D airspace at Enid Vance AFB, OK;
    Removing the Class D airspace at Enid Woodring Municipal Airport,
OK;
    Establishing Class D airspace at Enid Woodring Regional Airport,
Enid, OK, within a 4.5-mile radius of the airport;
    Establishing Class D airspace at Vance AFB, OK, within a 5.1-mile
radius of the airport;
    Amending the Class E airspace designated as a surface area within a
4.5-mile radius (increased from a 4.1-mile radius) of Enid Woodring
Regional Airport, Enid, OK, removing the airspace within a 5.1-mile
radius of Vance AFB, and removing references to Vance AFB from the
airspace description;
    Establishing Class E airspace designated as a surface area within a
5.1-mile radius of Vance AFB, OK;
    Removing the Class E airspace designated as an extension to Class D
or Class E surface area at Enid Vance AFB, OK;
    Removing the Class E airspace designated as an extension to Class D
or Class E surface area at Enid Woodring Municipal Airport, OK;
    Establishing Class E airspace designated as an extension to Class D
or Class E surface area at Enid Woodring Regional Airport, Enid, OK,
within 2.4 miles each side of the 347[deg] radial of the Woodring VOR/
DME extending from the 4.5-mile radius of the airport to 7 miles north
of the airport, and within 2.4 miles each side of the 177[deg] radial
of the Woodring VOR/DME extending from the 4.5-mile radius to 7 miles
south of the airport;
    Establishing Class E airspace designated as an extension to Class D
or Class E surface area at Vance AFB, OK, with a segment 1.3 miles each
side of the 188[deg] radial of the Vance VORTAC extending from the 5.1-
mile radius to 6.1 miles south of the airport; and
    Amending the Class E airspace extending upward from 700 feet above
the surface at Enid, OK, within 9.1 miles east (increased from 8.7
miles) and 8.7 miles east of Vance AFB, and within a 7-mile radius
(increasing from a 6.6-mile radius) of Enid Woodring Regional Airport,
removing the Woodring VOR/DME extensions, and updating the name of the
airport to coincide with the FAA's aeronautical database.
    The FAA has determined that due to the differing operating hours of
the two airports, the airspace descriptions should be separated for
safety and management of IFR operations at these airports. Also, after
an airspace review of the Enid Woodring Regional Airport, the FAA found
airspace redesign was necessary at Enid Woodring Regional Airport to
accommodate new instrument procedures at the airport and for the safety
and management of IFR operations at this airport.

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, is
non-controversial and unlikely to result in adverse or negative
comments. 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 5-6.5.a. 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 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW OK D Enid Vance AFB, OK [Removed]

ASW OK D Enid Woodring Municipal Airport, OK [Removed]

* * * * *

ASW OK D Enid, OK [New]

Enid Woodring Regional Airport, OK
    (Lat. 36[deg]22'33'' N, long. 97[deg]47'22'' W)

    That airspace extending upward from the surface to and including
3,800 feet within a 4.5-mile radius of Enid Woodring Regional
Airport, excluding that portion of airspace west of long.
97[deg]51'01'' W. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
* * * * *

ASW OK D Vance AFB, OK [New]

Vance AFB, OK
    (Lat. 36[deg]20'23'' N, long. 97[deg]55'02'' W)

    That airspace extending upward from the surface to and including
3,800 feet within a 5.1-mile radius of Vance AFB, excluding the
Enid, OK, Class D and Class E airspace designated as surface areas.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as a Surface Area.

* * * * *

ASW OK E2 Enid, OK [Amended]

Enid Woodring Regional Airport, OK
    (Lat. 36[deg]22'33'' N, long. 97[deg]47'22'' W)

    That airspace within a 4.5-mile radius of Enid Woodring Regional
Airport excluding that portion of airspace west of long.

97[deg]51'01'' W. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
* * * * *

ASW OK E2 Vance AFB, OK [New]

Vance AFB, OK
    (Lat. 36[deg]20'23'' N, long. 97[deg]55'02'' W)

    That airspace within a 5.1-mile radius of Vance AFB, excluding
the Enid, OK, Class D and Class E airspace designated as surface
areas. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
Class D or Class E Surface Areas.

* * * * *

ASW OK E4 Enid Vance AFB, OK [Removed]

ASW OK E4 Enid Woodring Municipal Airport, OK [Removed]

* * * * *

ASW OK E4 Enid, OK [New]

Enid Woodring Regional Airport, OK
    (Lat. 36[deg]22'33'' N, long. 97[deg]47'22'' W)
Woodring VOR/DME
    (Lat. 36[deg]22'26'' N, long. 97[deg]47'17'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the 347[deg] radial of the Woodring VOR/DME extending
from the 4.5-mile radius of Enid Woodring Regional Airport to 7
miles north of the airport, and within 2.4 miles each side of the
177[deg] radial of the Woodring VOR/DME extending from the 4.5-mile
radius of the airport to 7 miles south of the airport.
* * * * *

ASW OK E4 Vance AFB, OK [New]

Vance AFB, OK
    (Lat. 36[deg]20'23'' N, long. 97[deg]55'02'' W)
Vance VORTAC
    (Lat. 36[deg]20'42'' N, long. 97[deg]55'06'' W)

    That airspace extending upward from the surface within 1.3 miles
each side of the 188[deg] radial of the Vance VORTAC extending from
the 5.1-mile radius of Vance AFB to 6.1 miles south of the airport.

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

* * * * *

ASW OK E5 Enid, OK [Amended]

Vance AFB, OK
    (Lat. 36[deg]20'23'' N, long. 97[deg]55'02'' W)
Enid Woodring Regional Airport, OK
    (Lat. 36[deg]22'33'' N, long. 97[deg]47'22'' W)

    That airspace extending upward from 700 feet above the surface
within 9.1 miles east and 8.7 miles west of Vance AFB extending to
15.2 miles north and south of Vance AFB, and within a 7-mile radius
of Enid Woodring Regional Airport.

    Issued in Fort Worth, Texas, on March 28, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-06756 Filed 4-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89633-89636]
[FR Doc No: 2023-28590]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2402; Project Identifier MCAI-2023-00370-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model CL-600-2B16 (601-3A, 601-3R, and
604 Variants) airplanes. This proposed AD was prompted by a report
indicating that a new filter plate connector for the nose wheel
steering (NWS) system electronic control module (ECM) does not meet
certain certification requirements. This proposed AD would require
replacing all affected non-compliant ECMs. This proposed AD would also
prohibit the installation of affected parts under certain conditions.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by February
12, 2024.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2402; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.

Material Incorporated by Reference

     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email<EMAIL_ADDRESS>website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2402; Project Identifier
MCAI-2023-00370-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each

substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; email: [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-14R1, dated May 15, 2023 (Transport
Canada AD CF-2023-14R1) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model CL-600-
2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI states that
the manufacturer of the NWS system ECM, part number (P/N) 601-86100-27,
introduced a new filter plate connector that does not meet the
certification requirements related to the susceptibility of electronic
components to high intensity radiated field. This non-compliant filter
plate connector, if not replaced, could result in a malfunction of the
NWS system causing potential un-commanded steering or lateral excursion
from the runway.
    The FAA is proposing this AD to address the unsafe condition on
these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2402.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information.
     Service Bulletin 604-32-032, dated October 18, 2021.
     Service Bulletin 605-32-009, dated October 18, 2021.
     Service Bulletin 650-32-006, dated October 18, 2021.
    This service information specifies procedures for removing and
replacing all affected non-compliant ECMs, P/N 601-86100-27. These
documents are distinct since they apply to different airplane
configurations.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of affected parts under certain
conditions.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 164 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510..............................         $75,972         $76,482     $12,543,048
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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:

Bombardier, Inc.: Docket No. FAA-2023-2402; Project Identifier MCAI-
2023-00370-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 12, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (601-3A,
601-3R, and 604 Variants) airplanes, certificated in any category,
with serial numbers 5301 through 5665 inclusive, 5701 through 5990
inclusive, and 6050 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Unsafe Condition

    This AD was prompted by a report indicating that a new filter
plate connector for the nose wheel steering (NWS) system electronic
control module (ECM) does not meet certain certification
requirements. The FAA is issuing this AD to address this non-
compliant filter plate connector, which, if not replaced, could
result in a malfunction of the NWS system causing potential
uncommanded steering or lateral excursion from the runway.

(f) Compliance

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

(g) Verification of Airplane Technical Records

    Within 24 months after the effective date of this AD: Inspect
the serial number of the ECM, P/N 601-86100-27, in accordance with
Section 2.B. Part A of the Accomplishment Instructions of the
applicable service information listed in figure (1) to the
introductory text of paragraph (g) of this AD to determine if the
serial number of the ECM, part number (P/N) 601-86100-27, is listed
in Table 1 of Section 1.A. of the applicable service information
listed in figure (1) to the introductory text of paragraph (g) of
this AD. A review of maintenance records is also acceptable if the
serial number of the ECM can be conclusively determined from that
review.
[GRAPHIC] [TIFF OMITTED] TP28DE23.023

    (1) If the serial number of the ECM is listed in Table 1 of
Section 1.A. of the applicable service information or is not
reidentified on the nameplate as SB-1, then the actions of paragraph
(h) of this AD are required.
    (2) If the serial number of the ECM is not listed in Table 1 of
Section 1.A. of the applicable service information or is
reidentified on the nameplate as SB-1, then the actions of paragraph
(h) of this AD are not required.

(h) Replacement

    For airplanes identified in paragraph (g)(1) of this AD: Do the
actions specified in paragraphs (h)(1) and (2) of this AD.
    (1) Within 24 months after the effective date of this AD:
Replace the ECM, P/N 601-86100-27, identified in paragraph (g)(1) of
this AD, in accordance with Section 2.C. Part B of the
Accomplishment Instructions of the applicable service information
listed in figure 1 to the introductory text of paragraph (g) of this
AD.
    (2) Prior to return to service, complete the operational test of
the NWS system in accordance with Section 2.D. of the Accomplishment
Instructions of the applicable service information listed in figure
1 to the introductory text of paragraph (g) of this AD.

(i) Parts Installation Limitation

    As of the effective date of this AD, it is prohibited to install
ECM, P/N 601-86100-27, as a replacement part, if the serial number
is listed in Table 1 of Section 1.A. of the applicable service
information listed in figure 1 to the introductory text of paragraph
(g) of this AD, unless the ECM has been reidentified with SB-1 on
the name plate.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the manager,
International Validation Branch, mail it to the address identified
in paragraph (k)(2) of this AD or email to: [email protected].
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2023-14R1, dated May 15,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-2402.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 604-32-032, dated October 18,
2021.
    (ii) Bombardier Service Bulletin 605-32-009, dated October 18,
2021.
    (iii) Bombardier Service Bulletin 650-32-006, dated October 18,
2021.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the

availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-28590 Filed 12-27-23; 8:45 am]
BILLING CODE 4910-13-P


Instructions for Completing OMB Form 83 I Please answer all questions and have a Senior Official or a designee sign the form. These instructions should be used in conjunction with 5 CFR 1320, which provides information on coverage, definitions, and other matters of procedure and interpretation under the Paperwork Reduction Act of 1995.

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If you have any problems or questions, please call your ICR Desk Officer. They are: Rick Westlund ( Team Leader), 260 2745 OPPTS Monica Lewis, 260 4522 OSWER Phil Silverstein, 260 2728 Air ICR renewals Delores Evans, 260 1625 Air rules and rule amendments Lynn Johnson, 260 2964 Water, OP, ORD, OARM, OECA ( not airrelated OA, Regions ( not media specific) PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ Office of Water/ Office of Science and Technology 2. OMB control number b. G None a 2040 0207 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. XRegular b. Emergency  Approval requested by: c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes XNo For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. XThree years from approval date b. G Other Specify: / /___

7. Title Best Management Practices ( BMP) for Bleached Papergrade Kraft and Soda Subcategory and the Papergrade Kraft Sulfite Subcategory of the Pulp, Paper, and Paperboard Point Source Category 8. Agency form number( s) ( If applicable) ICR#: 1829.02 9. Keywords BMP, Bleached Papergrade Kraft, Soda, Papergrade Kraft Sulfite, Pulp, Paper, Paperboard, 40 CFR Part 430, pulping liquors, soap, turpentine, monitoring 10. Abstract EPA has established Best Management Practices ( BMP) provisions as part of final amendments to 40 CFR Part 430, the Pulp, Paper, and Paperboard Point Source Category, promulgated on April 15, 1998. These provisions, promulgated under authority of the Clean Water Act, require owners or operators of bleached papergrade kraft, soda, and sulfite mills to implement site specific BMPs to prevent, or otherwise contain, leaks and spills of spent pulping liquors, soap, and turpentine and to control intentional diversions of these materials. In addition, the BMP provisions require the monitoring of BMP implementation effectiveness on a continuing basis by tracking the influent to treatment wastewater's loadings.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. xFederal Government c. Not for profit institutions f. XState, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. x Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 130 b. Total annual responses 130 1. Percentage of these responses collected electronically 0 % c. Total hours requested 60,909 d. Current OMB inventory 142,369 e. Difference  81,460 f. Explanation of difference 1. Program Change 0 2. Adjustment  81,460 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested $ 0 d. Current OMB inventory $ 7,255 e. Difference $ 7,255 f. Explanation of difference 1. Program change 0 2. Adjustment $ 7,255 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. X Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b. Q Third party disclosure c.

Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Not less than annually 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: M. Ahmar Siddiqui Phone: ( 202) 260 1826 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

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

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

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

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

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

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

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

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

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

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

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

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Information Collection Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Proposed Rules]
[Pages 63235-63236]
[FR Doc No: 2011-26266]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0893; Airspace Docket No. 11-ANM-18]

Proposed Modification of Class E Airspace; The Dalles, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace at The Dalles,
OR. Controlled airspace is necessary to accommodate aircraft using Area
Navigation (RNAV) Global Positioning System (GPS) standard instrument
approach procedures at Columbia Gorge Regional/The Dalles Municipal
Airport, The Dalles, OR. The FAA is proposing this action to enhance
the safety and management of aircraft operations at the airport. This
action also changes the airport name.

DATES: Comments must be received on or before November 28, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2011-
0893; Airspace Docket No. 11-ANM-18, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2011-0893 and Airspace Docket No. 11-ANM-18) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2011-0893 and Airspace Docket No. 11-ANM-18''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace at Columbia
Gorge Regional/

The Dalles Municipal Airport, The Dalles, OR, to accommodate aircraft
using RNAV (GPS) standard instrument approach procedures at the
airport. This action would enhance the safety and management of
aircraft operations at Columbia Gorge Regional/The Dalles Municipal
Airport, The Dalles, OR. This also would note the airport's name change
from The Dalles Municipal Airport to Columbia Gorge Regional/The Dalles
Municipal Airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V, dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 controlled airspace at Columbia Gorge Regional/The
Dalles Municipal Airport, The Dalles, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

    1. The authority citation for 14 CFR part 71 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.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

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

* * * * *

ANM OR E5 The Dalles, OR [Modified]

Columbia Gorge Regional/The Dalles Municipal Airport, OR
    (Lat. 45[deg]37[min]07[sec] N., long. 121[deg]10[min]02[sec] W.)
Klickitat VOR/DME
    (Lat. 45[deg]42[min]49[sec] N., long. 121[deg]06[min]03[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 12.9-mile radius of Columbia Gorge Regional/The Dalles
Municipal Airport; that airspace extending upward from 1,200 feet
above the surface within a 20.1-mile radius of the VOR/DME extending
clockwise from the 088[deg] radial to the 272[deg] radial.

    Issued in Seattle, Washington, on October 3, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center
[FR Doc. 2011-26266 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P