[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34555-34556]
[FR Doc No: 2013-13359]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0185; Airspace Docket No. 13-ANM-8]

Establishment of Class E Airspace; Gillette, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at the Gillette VHF
Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME),
Gillette, WY, to facilitate vectoring of Instrument Flight Rules (IFR)
aircraft under control of Denver, Salt Lake City and Minneapolis Air
Route Traffic Control Centers (ARTCCs). This improves the safety and
management of IFR operations within the National Airspace System.

DATES: Effective date, 0901 UTC, August 22, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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:

History

    On March 26, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish controlled airspace
at Gillette, WY (78 FR 18266). 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 E airspace designations are published in paragraph 6006, of
FAA Order 7400.9W dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E en route domestic airspace extending
upward from 1,200 feet above the surface, at the Gillette VOR/DME
navigation aid, Gillette, WY, to accommodate IFR aircraft under control
of Denver, Salt Lake City and Minneapolis ARTCCs by vectoring aircraft
from en route airspace to terminal areas. This action is necessary for
the safety and management of IFR operations.
    The FAA has determined this regulation 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 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. The
FAA's authority to issue rules regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1, Section 106 discusses 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
establishes controlled airspace at the Gillette VOR/DME navigation aid,
Gillette, WY.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. 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.

List 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 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]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM WY E6 Gillette, WY [New]

Gillette VOR/DME, WY
    (Lat. 44[deg]20'52'' N., long. 105[deg]32'37'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 43[deg]01'57'' N., long.
107[deg]06'08'' W.; to lat. 42[deg]52'37'' N., long. 107[deg]47'58''
W.; to lat. 44[deg]09'12'' N., long. 108[deg]02'32'' W.; to lat.
44[deg]38'58'' N., long. 106[deg]53'16'' W.; to lat. 45[deg]48'16''
N., long. 106[deg]34'25'' W.; to lat. 45[deg]36'35'' N., long.
104[deg]05'26'' W.; to lat. 45[deg]06'45'' N., long. 100[deg]48'20''
W.; to lat. 44[deg]02'34'' N., long. 100[deg]44'12'' W.; to lat.
43[deg]40'10'' N., long. 99[deg]37'18'' W.; to lat. 43[deg]14'52''
N., long. 100[deg]08'15'' W.; to lat. 43[deg]41'03'' N., long.
101[deg]28'52'' W.; to lat. 44[deg]40'23'' N., long. 101[deg]32'34''
W.; to lat. 44[deg]44'40'' N., long. 104[deg]52'04'' W.; to lat.
43[deg]29'00'' N., long. 104[deg]14'29'' W.; to lat. 43[deg]22'06''
N., long. 104[deg]46'22'' W.; to lat. 44[deg]35'02'' N., long.
105[deg]59'24'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on May 24, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-13359 Filed 6-7-13; 8:45 am]
BILLING CODE 4910-13-P


Note to Docket EPA-HQ-OAR-2007-0492

SUBJECT:  Meeting with Coarse Particle Coalition on 10/13/10

On 10/13/10 from 11:00 a.m. until noon, EPA staff met with members of
the Coarse Particle Coalition.

Attendees were Scott Jenkins, Karen Martin, Lydia Wegman, Mark Schmidt
(all from EPA); John Hayden and Emily Coyner (National Stone, Sand, and
Gravel Association); John Richards (Air Control Techniques); David Ailor
(National Oilseed Processors Association); Tamara Thies (National
Cattlemen's Beef Association).

On the phone were Steve Silverman (EPA), Kurt Blase (Coarse Particle
Coalition), Nick Goldstein (?), Jennifer Gratigo (?), Glenn Urick (?).

We discussed the Coalition's comments on the draft PM Policy Assessment.


[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67976-67977]
[FR Doc No: 2019-26733]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87678; File No. SR-CboeEDGX-2019-029]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc; Notice of
Withdrawal of a Proposed Rule Change To Amend the Fee Schedule Assessed
on Members To Establish a Monthly Trading Rights Fee

December 6, 2019.
    On April 29, 2019, Cboe EDGX Exchange, Inc. (``EDGX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the EDGX Fee Schedule to establish a
monthly Trading Rights Fee to be assessed on Members. The proposed rule
change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed rule change
was published for comment in the Federal Register on May 16, 2019.\4\
On June 28, 2019, the Commission temporarily suspended the proposed
rule change and instituted proceedings to determine whether to approve
or disapprove the proposed rule change.\5\ In response to the EDGX OIP,
the Commission received three comment letters, including a response
letter from the Exchange.\6\ On November 12, 2019, pursuant to Section
19(b)(2) of the Act,\7\ the Commission designated a longer period
within which to approve or disapprove the proposed rule change.\8\ On
November 21, 2019, the Exchange withdrew the proposed rule change (SR-
CboeEDGX-2019-029).
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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\ See Securities Exchange Act Release No. 85838 (May 10,
2019), 84 FR 22174.
    \5\ See Securities Exchange Act Release No. 86231, 84 FR 32233
(July 05, 2019) (``EDGX OIP'').
    \6\ See Letters from Theodore R. Lazo, Managing Director and
Associate General Counsel, SIFMA, dated July 26, 2019; Tyler
Gellasch, Executive Director, Healthy Markets, dated July 26, 2019;
and Rebecca Tenuta, Counsel, Cboe Global Markets, dated August 9,
2019.
    \7\ 15 U.S.C. 78s(b)(2).
    \8\ See Securities Exchange Act Release No. 87498, 84 FR 63688
(November 18, 2019). The Commission designated January 11, 2020, as
the date by which the Commission would approve or disapprove the
proposed rule change.

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-26733 Filed 12-11-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Page 34568]
[FR Doc No: 2018-15558]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Stella Wind Farm, LLC...................  EG18-72-000
Calpine Mid-Merit II, LLC...............  EG18-73-000
GenOn Holdco 10, LLC....................  EG18-74-000
CED Upton County Solar, LLC.............  EG18-75-000
CED Wistaria Solar, LLC.................  EG18-76-000
Walnut Ridge Wind, LLC..................  EG18-77-000
Pine River Wind Energy LLC..............  EG18-78-000
Sholes Wind Energy, LLC.................  EG18-79-000
------------------------------------------------------------------------

    Take notice that during the month of June 2018, the status of the
above-captioned entities as Exempt Wholesale Generators Companies
became effective by operation of the Commission's regulations. 18 CFR
366.7(a) (2017).

    Dated: July 16, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-15558 Filed 7-19-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12987-12988]
[FR Doc No: 2021-04560]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]

Intertek Testing Services NA, Inc.: Grant of Renewal of
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to grant
renewal of recognition to Intertek Testing Services NA, Inc. as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on March 5, 2021.

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

I. Background

    OSHA hereby gives notice that it is granting the renewal of
recognition to Intertek Testing Services NA, Inc. (ITSNA) as a NRTL
under 29 CFR 1910.7.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications submitted by an NRTL for renewal of
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
App. A II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA between nine months and one year before the
expiration date of the current recognition. A renewal request includes
a request for renewal and any additional information demonstrating
their continued compliance with the terms of the recognition and 29 CFR
1910.7. If OSHA has not conducted an on-site assessment of the NRTL
headquarters and any key sites within the past 18 to 24 months, it will
schedule the necessary on-site assessment prior to the expiration date
of the NRTL's recognition. Upon review of the submitted material and,
as necessary, the successful completion of the on-site assessment, OSHA
announces the preliminary decision to grant or deny renewal in the
Federal Register and solicits comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    ITSNA initially received OSHA recognition as a NRTL on September
13, 1989 (54 FR 37845). ITSNA's most recent renewal was granted on July
14, 2014, for a five-year period, expiring on July 14, 2019. ITSNA
submitted a timely request for renewal, dated September 13, 2018 (OSHA-
2007-0039-0032), and retains its recognition pending OSHA's final
decision in this renewal process. The current addresses of ITSNA
facilities recognized by OSHA and included as part of the renewal
request are:
    1. ITSNA Cortland, 3933 U.S. Route 11, Cortland, New York 13045;
    2. ITSNA Atlanta, 1950 Evergreen Boulevard, Duluth, Georgia 30096;
    3. ITSNA Boxborough, 70 Codman Hill Road, Boxborough, Massachusetts
01719;
    4. ITSNA San Francisco, 1365 Adams Court, Menlo Park, California
94025;
    5. ITSNA Los Angeles, 25791 Commercentre Drive, Lake Forest,
California 92630;
    6. ITSNA Minneapolis, 7250 Hudson Boulevard, Suite 100, Oakdale,
Minnesota 55128;
    7. ITSNA Madison, 8431 Murphy Drive, Middleton, Wisconsin 53562;
    8. ITSNA SEMKO, Box 1103, S-164 #22, Kista, Stockholm, Sweden;
    9. ITSNA Chicago, 545 East Algonquin Road, Suite F, Arlington
Heights, Illinois 60005;

    10. ITSNA Hong Kong, 2/F., Garment Centre, 576 Castle Peak Road,
Kowloon, Hong Kong;
    11. ITSNA Vancouver, 1500 Brigantine Drive, Coquitlam, British
Columbia, Canada V3K 7C1;
    12. ITSNA Fairfield, 41 Plymouth Street, Fairfield, New Jersey
07004; and
    13. ITSNA Dallas, 1809 10th Street, Suite 400, Plano, Texas 75074.
    OSHA evaluated ITSNA's application and made a preliminary
determination that ITSNA can continue to meet the requirements
prescribed by 29 CFR 1910.7 for NRTL recognition.
    OSHA published the preliminary notice announcing ITSNA's renewal
application in the Federal Register on July 13, 2020 (85 FR 42020). The
agency requested comments by July 28, 2020, and received no comments in
response to this notice. OSHA is now proceeding with this final notice
to renew ITSNA's NRTL recognition.
    To obtain or review copies of all public documents pertaining to
ITSNA's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW, Room N-3655, Washington, DC
20210; telephone<PHONE_NUMBER>. Docket No. OSHA-2007-0039 contains all
materials in the record concerning ITSNA's NRTL recognition. Please
note: Due to the COVID-19 pandemic, the Docket Office is closed to the
public at this time but can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA hereby gives notice of the renewal of recognition of ITSNA as
a NRTL. OSHA examined ITSNA renewal application and all pertinent
information related to ITSNA's request for renewal of NRTL recognition.
Based on this review of the renewal request and other pertinent
information, OSHA finds that ITSNA meets the requirements of 29 CFR
1910.7 for renewal of recognition as a NRTL, subject to the specified
limitation and conditions. OSHA limits the renewal of ITSNA's
recognition to include the terms and conditions of ITSNA's recognition
found in 54 FR 37845. The NRTL scope of recognition for ITSNA is also
available on the OSHA website at: https://www.osha.gov/dts/otpca/nrtl/its.html. This renewal extends ITSNA's recognition as a NRTL for a
period of five years from March 5, 2021.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
ITSNA must abide by the following conditions of recognition:
    1. ITSNA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
change(s);
    2. ITSNA must meet all the terms of their recognition and comply
with all OSHA policies pertaining to this recognition; and
    3. ITSNA must continue to meet the requirements for recognition,
including all previously published conditions on ITSNA's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the
recognition of ITSNA as a NRTL.

III. Authority and Signature

    Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2)),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on March 1, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-04560 Filed 3-4-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3575-3577]
[FR Doc No: 2018-01167]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31172; Amdt. No. 3781]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective January 26, 2018. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of January 26, 2018.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find

that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C 553(d), good cause exists for making some
SIAPs effective in less than 30 days.
    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC on December 29, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 1 February 2018

Anchorage, AK, Ted Stevens Anchorage Intl, ILS OR LOC RWY 7L, ILS
RWY 7L (SA CAT I), ILS RWY 7L (SA CAT II), Amdt 3C
Anchorage, AK, Ted Stevens Anchorage Intl, ILS OR LOC RWY 7R, ILS
RWY 7R (SA CAT I), ILS RWY 7R (CAT II), ILS RWY 7R (CAT III), Amdt
3C
Kipnuk, AK, Kipnuk, RNAV (GPS) RWY 17, Orig
Kipnuk, AK, Kipnuk, RNAV (GPS) RWY 35, Orig
Kipnuk, AK, Kipnuk, Takeoff Minimums and Obstacle DP, Amdt 2
Sacramento, CA, Sacramento Intl, ILS OR LOC RWY 16L, ILS RWY 16L (SA
CAT II), Amdt 4A
Santa Ana, CA, John Wayne Airport-Orange County, RNAV (GPS) Y RWY
20R, Amdt 3A
Santa Monica, CA, Santa Monica Muni, RNAV (GPS) RWY 21, Amdt 1
Santa Monica, CA, Santa Monica Muni, RNAV (GPS) Y RWY 3, Amdt 1
Santa Monica, CA, Santa Monica Muni, RNAV (GPS) Z RWY 3, Amdt 1
Weno Island, FM, Chuuk Intl, GPS RWY 22, Orig, CANCELED
Weno Island, FM, Chuuk Intl, NDB RWY 4, Amdt 1
Weno Island, FM, Chuuk Intl, NDB RWY 22, Orig
Weno Island, FM, Chuuk Intl, NDB OR GPS-A, Orig-A, CANCELED
Weno Island, FM, Chuuk Intl, NDB OR GPS-B, Amdt 4A, CANCELED
Weno Island, FM, Chuuk Intl, RNAV (GPS) RWY 4, Amdt 1
Weno Island, FM, Chuuk Intl, RNAV (GPS) RWY 22, Orig
Milledgeville, GA, Baldwin County, NDB RWY 28, Amdt 4
Milledgeville, GA, Baldwin County, RNAV (GPS) RWY 10, Amdt 2
Milledgeville, GA, Baldwin County, RNAV (GPS) RWY 28, Amdt 2
Paducah, KY, Barkley Rgnl, RNAV (GPS) RWY 4, Amdt 1
Bedford, MA, Laurence G Hanscom Fld, ILS OR LOC RWY 11, Amdt 26B
Bedford, MA, Laurence G Hanscom Fld, ILS OR LOC RWY 29, Amdt 8
Bedford, MA, Laurence G Hanscom Fld, VOR RWY 23, Amdt 10
Saginaw, MI, MBS Intl, Takeoff Minimums and Obstacle DP, Amdt 1
St Louis, MO, Creve Coeur, RNAV (GPS) RWY 16, Amdt 1A
St Louis, MO, St Louis Lambert Intl, RNAV (GPS) Y RWY 30R, Amdt 2
St Louis, MO, St Louis Lambert Intl, ILS OR LOC RWY 30R, ILS RWY 30R
(CAT II), ILS RWY 30R (CAT III), Amdt 11
West Yellowstone, MT, Yellowstone, RNAV (GPS) RWY 1, Orig-A
Raeford, NC, P K Airpark, RNAV (GPS)-A, Orig
Raeford, NC, P K Airpark, VOR-A, Amdt 4
Ellendale, ND, Ellendale Muni, RNAV (GPS) RWY 31, Orig
Ellendale, ND, Ellendale Muni, Takeoff Minimums and Obstacle DP,
Orig
Reno, NV, Reno/Stead, ILS OR LOC RWY 32, Orig-A
Reno, NV, Reno/Stead, RNAV (GPS) RWY 32, Amdt 1B
Galion, OH, Galion Muni, RNAV (GPS) RWY 5, Orig-B
Galion, OH, Galion Muni, RNAV (GPS) RWY 23, Orig-B
Lawton, OK, Lawton-Fort Sill Rgnl, ILS OR LOC RWY 35, Amdt 8
Lawton, OK, Lawton-Fort Sill Rgnl, RNAV (GPS) RWY 35, Amdt 1A
Lawton, OK, Lawton-Fort Sill Rgnl, VOR RWY 35, Amdt 21
Oklahoma City, OK, Will Rogers World, ILS OR LOC RWY 35R, ILS RWY
35R (SA CAT I), ILS RWY 35R (CAT II), Amdt 10D
Grants Pass, OR, Grants Pass, RNAV (GPS) RWY 13, Orig
Pittsburg, PA, Pittsburg Intl, ILS OR LOC RWY 10L, ILS RWY 10L (CAT
II), ILS RWY 10L (CAT III), Amdt 26
Pittsburg, PA, Pittsburg Intl, ILS OR LOC RWY 10R, ILS RWY 10R (SA
CAT I), ILS RWY 10R (CAT II), ILS RWY 10R (CAT III), Amdt 10G
Pittsburg, PA, Pittsburg Intl, ILS OR LOC RWY 28L, Amdt 11
Pittsburg, PA, Pittsburg Intl, ILS OR LOC RWY 28R, ILS RWY 28R (SA
CAT I), ILS RWY 28R (CAT II), Amdt 10
Pittsburg, PA, Pittsburg Intl, ILS OR LOC RWY 32, Amdt 14
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) RWY 10L, Amdt 4
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) RWY 14, Amdt 3C
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 10C, Amdt 4B
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 10R, Amdt 3C
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 28C, Amdt 4B
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 28L, Amdt 5
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 28R, Amdt 5
Pittsburg, PA, Pittsburg Intl, RNAV (GPS) Y RWY 32, Amdt 6
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 10C, Orig-D
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 10R, Orig-D
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 28C, Orig-D
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 28L, Amdt 1
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 28R, Amdt 1
Pittsburg, PA, Pittsburg Intl, RNAV (RNP) Z RWY 32, Amdt 2
North Kingstown, RI, Quonset State, ILS OR LOC RWY 16, Amdt 11
North Kingstown, RI, Quonset State, RNAV (GPS) RWY 16, Amdt 1
North Kingstown, RI, Quonset State, RNAV (GPS) RWY 34, Amdt 1
North Kingstown, RI, Quonset State, VOR RWY 34, Amdt 3
North Kingstown, RI, Quonset State, VOR-A, Amdt 6
Onida, SD, Onida Muni, RNAV (GPS) RWY 13, Orig
Onida, SD, Onida Muni, RNAV (GPS) RWY 31, Orig
Onida, SD, Onida Muni, Takeoff Minimums and Obstacle DP, Orig
Mc Minnville, TN, Warren County Memorial, Takeoff Minimums and
Obstacle DP, Amdt 2
Dallas-Fort Worth, TX, Dallas-Fort Worth Intl, CONVERGING ILS RWY
36L, Amdt 3
Dallas-Fort Worth, TX, Dallas-Fort Worth Intl, ILS OR LOC RWY 36L,
ILS RWY 36L (SA CAT II), Amdt 4
Kenedy, TX, Karnes County, Takeoff Minimums and Obstacle DP, Amdt 2
Salt Lake City, UT, South Valley Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 6
Pullman/Moscow, WA, Pullman/Moscow Rgnl, Takeoff Minimums and
Obstacle DP, Amdt 4A

Milwaukee, WI, General Mitchell Intl, ILS OR LOC RWY 19R, Amdt 12B
Milwaukee, WI, General Mitchell Intl, LOC RWY 25L, Amdt 5B
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 1L, Amdt 1D
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 1R, Orig-A
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 7L, Orig-B
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 13, Orig-B
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 19L, Orig-B
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 19R, Amdt 2B
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) Z RWY 7R, Amdt 1D
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) Z RWY 25L, Amdt 1D

    RESCINDED: On December 26, 2017 (82 FR 60862), the FAA published
an Amendment in Docket No. 31170, Amdt No. 3779, to Part 97 of the
Federal Aviation Regulations under section 97.29 and 97.37. The
following entries for Buckland, AK, and Philadelphia, PA, effective
February 1, 2018, are hereby rescinded in their entirety:

Buckland, AK, Buckland, Takeoff Minimums and Obstacle DP, Amdt 2
Philadelphia, PA, Philadelphia Intl, ILS Z OR LOC Z RWY 9R, ILS Z
RWY 9R (SA CAT I), ILS Z RWY 9R (CAT II), ILS Z RWY 9R (CAT III),
Amdt 10A

[FR Doc. 2018-01167 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Notices]
[Page 28085-28086]
[DOCID:fr12jn09-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60036; File No. SR-DTC-2009-09]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Establish an Alternate Choice in DTC's Profile Modification System
Indemnity Insurance Program

June 3, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 11, 2009, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by DTC. DTC filed the proposal pursuant to Section 19(b)(3)(A)(iii) of
the Act \2\ and Rule 19b-4(f)(4) \3\ thereunder so that the proposal
was effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the rule change from
interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the rule change is to establish an alternate choice
in DTC's Profile Modification System Indemnity Insurance Program.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

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

    DTC's Profile Modification System (``Profile'') is an electronic
communication hub between transfer agents that participate in the
Direct Registration System (``DRS''), which transfer agents are Limited
Participants (``Limited Participants'') of DTC, and broker-dealers that
participate in DRS, which broker-dealers are DTC Participants
(``Participants;'' Participants together with Limited Participants are
collectively referred to as ``Users'').\5\ Profile allows Participants
to submit an investor's instruction to move a share position from the
investor's DRS account at the transfer agent to the Participant's
account at DTC (``Electronic Participant Instruction''). Profile also
allows Limited Participants to submit an investor's instruction to move
its share position from the Participant's account at DTC to the DRS
account at the transfer agent (``Electronic Limited Participant
Instruction;'' Electronic Limited Participant Instruction and
Electronic Participant Instruction are collectively referred to as
``Electronic Instructions''). A User submitting an Electronic
Instruction through Profile is required to agree to a Participant
Terminal System (``PTS'') screen indemnity (``Screen Indemnity'').\6\
---------------------------------------------------------------------------

    \5\ For a description of Profile, see Securities Exchange Act
Release No. 41862 (September 10, 1999), 64 FR 51162 (September 21,
1999) (order approving implementation of Profile).
    \6\ The Screen Indemnity protects, among others, the party
delivering the share position from liability in connection with the
transaction arising from a User's breach of the representation of
authority and consent to initiate the transaction. For a broader
description of the Screen Indemnity, see Securities Exchange Act
Release No. 42704 (April 19, 2000), 65 FR 24242 (April 25, 2000)
(order approving modification of Profile to incorporate use of the
Screen Indemnity).
---------------------------------------------------------------------------

    On August 22, 2005, the Commission approved a rule filing
establishing the DTC Profile Indemnity Insurance Program (``PIP''),\7\
on as an alternative to the existing DTC Profile Surety Program
(``PSP'').\8\ Profile users who agree to the Screen Indemnity have the
option to procure Profile Indemnity Insurance (``Insurance'') relating
to a particular transaction according to the value of each individual
securities transaction. The Insurance option provides a coverage limit
of $25 million per transaction with an annual aggregate limit of $100
million. In addition to any pass-through fee from the insurer, DTC
charges users participating in PIP an annual administration fee of $250
and a $27.50 per transaction fee.
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 42422 (September 14,
2005), 70 FR 55196 (September 20, 2005).
    \8\ Under PSP, each user of Profile that agrees to the Screen
Indemnity must procure a surety bond to back its obligations under
such indemnity (``Surety Bond''). Participation in PSP requires the
payment of an annual premium of $3,150 to a surety provider and a
DTC administration fee of $250. The current PSP surety provider
provides for a coverage limit of $3 million per transaction with an
annual aggregate limit of $6 million. The Commission approved a rule
filing establishing an alternate to PSP in June 2008 (``PSP II'').
Securities Exchange Act Release No. 58042 (June 26, 2008), 73 FR
39067 (July 8, 2008).
---------------------------------------------------------------------------

    DTC is proposing to provide Profile users an option to procure
insurance with a different coverage limit than that currently offered
(``PIP II''). The coverage limit for PIP II will be $7.5 million per
transaction with an annual aggregate limit of $15 million. PIP II users
will be required to pay an annual premium of $6,000 to an insurance
provider and a DTC administration fee of $250. The intent of this
program is to provide an alternative insurance option for Profile users
with high volume and moderate value and also for contingency planning
if a provider is no longer able to provide insurance or surety. Users
will be permitted to participate with each provider but will continue
to be required to select only one provider per Profile transaction.
    The insurance company issuing the insurance policy will either be a
company selected by DTC as the administrator of such insurance program,
or an insurance company selected by the User. If a User elects to use
an insurance company other than the one DTC has selected, the insurance
company selected must issue its insurance policy in a form consistent
with the policy issued by the insurance company selected by DTC.
    The proposed rule change is consistent with Section 17A of the
Act,\9\ as amended, because it modifies an existing service by
establishing an alternate choice for Profile insurance users to provide
a broader range of options to safeguard transactions processed within
Profile.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-
4(f)(4) \11\ thereunder because the proposed rule change effects a
change in an existing service of a registered clearing agency that: (i)
Does not adversely affect the safeguarding of securities or funds in
the custody or control of the clearing agency or for which it is
responsible and (ii) does not significantly affect the respective
rights or obligations of the clearing agency or persons using the
service. At any time within sixty days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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-DTC-2009-09 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-DTC-2009-09. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/legal/rule_filings/dtc/2009-09.pdf. 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-DTC-2009-09 and should be
submitted on or before July 6, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13808 Filed 6-11-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16147-16151]
[FR Doc No: 2012-6118]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27223; Directorate Identifier 2006-NM-224-AD;
Amendment 39-16976; AD 2012-05-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 767 airplanes. This AD requires an
inspection of the number 2 windows to

determine whether the link arms are in the over-center position, and
modifying the link arms of the number 2 windows in the flight
compartment if necessary. This AD also requires the inspection, and
modification if necessary, for airplanes that replace a modified
assembly with an unmodified assembly. This AD results from reports of
the number 2 windows opening during takeoff roll, which has resulted in
aborted takeoffs. We are issuing this AD to prevent the opening of the
number 2 windows during takeoff roll, which could adversely affect the
flightcrew's ability to perform critical takeoff communication and
result in an aborted takeoff or an unscheduled landing.

DATES: This AD becomes effective April 24, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 24,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Emerson Hevia, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an AD that would apply to certain
Boeing Model 767 airplanes. That supplemental NPRM was published in the
Federal Register on November 21, 2008 (73 FR 70608). That supplemental
NPRM proposed to require inspecting the number 2 windows to determine
whether the link arms are in the over-center position, which would
determine the need to modify the link arms of the number 2 windows in
the flight compartment; and doing the inspection and corrective actions
following any rigging change or replacement of any number 2 window
assembly.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received on the
supplemental NPRM (73 FR 70608, November 21, 2008).

Support for the Supplemental NPRM (73 FR 70608, November 21, 2008)

    Continental Airlines (CAL) concurred with the proposed inspection
and follow-on corrective action. The Air Line Pilots Association,
International and UPS agreed with the supplemental NPRM (73 FR 70608,
November 21, 2008).

Request To Refer to Structural Repair Manual (SRM) in the Service
Information

    CAL stated that note (f) of Figures 10 and 24 of Boeing Alert
Service Bulletin 767-56A0010, Revision 1, dated January 24, 2008, needs
to reference the Boeing 767-400 SRM.
    We referred to Boeing Alert Service Bulletin 767-56A0010, Revision
1, dated January 24, 2008, as the appropriate source of service
information in the supplemental NPRM (73 FR 70608, November 21, 2008).
We agree that note (f) of Figures 10 and 24 of Boeing Alert Service
Bulletin 767-56A0010, Revision 1, should identify the Boeing 767-400
SRM. However, since we issued the supplemental NPRM (73 FR 70608,
November 21, 2008), Boeing has issued Revision 2, dated June 18, 2009,
of Boeing Service Bulletin 767-56A0010 to clarify airplane/window
assembly configurations that do not require on-going link arm
inspections, and correct and/or clarify part numbers, part
identifications, and other data given in the service bulletin figures.
The Boeing 767-400 SRM is identified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011. We have revised paragraphs
(c) and (g) of this AD to refer to Boeing Service Bulletin 767-56A0010,
Revision 3, dated March 3, 2011. We have also revised this AD to add
new paragraph (h) of this AD to give credit to operators for actions
done before the effective date of this AD in accordance with Boeing
Alert Service Bulletin 767-56A0010, Revision 1, dated January 24, 2008;
and Boeing Service Bulletin 767-56A0010, Revision 2, dated June 18,
2009; and have re-identified subsequent paragraphs accordingly.

Request To Designate Airplane Maintenance Manual (AMM) Task as
Alternative Method of Compliance (AMOC) for Repeat Inspections

    CAL requested that, for any subsequent inspection of the number 2
window link arm after the initial inspection (and modification), we
designate Boeing 767 AMM Task 56-11-02-825-122 within Boeing 767 AMM
56-11-02/501 as an AMOC to the repeat inspection requirement of the
supplemental NPRM (73 FR 70608, November 21, 2008). CAL stated that the
over-center position inspection of the link arm specified in the AMM
task is part of a comprehensive inspection/check. This task is utilized
by the maintenance personnel any time the number 2 window is replaced
or adjusted.
    We partially agree. Boeing Service Bulletin 767-56A0010, Revision
3, dated March 3, 2011, addresses CAL's AMM suggestion. However,
Revision 3 has no repetitive inspection. The inspection is done one
time only, to inspect newly unmodified assemblies, as specified in new
paragraph (i) of this AD. No further change to the AD is necessary in
this regard.

Request To Remove Certain Airplanes From the Proposed Applicability

    Boeing stated that subsequent to modification done in accordance
with Boeing Service Bulletin 767-56A0010, Revision 3, dated March 3,
2011, the installation of window assembly part numbers that have been
installed in production on airplanes after line number 929 should be
considered terminating action.
    From this statement, we infer that Boeing requested that airplanes
having line numbers 930 and subsequent be excluded from the
applicability of the supplemental NPRM (73 FR 70608, November 21,
2008). We agree that airplanes having line numbers 930 and subsequent
are not affected by this AD for the reason stated by Boeing. These
airplanes are not listed in the Effectivity of Boeing Service Bulletin
767-56A0010, Revision 3, dated March 3, 2011. As stated previously, we
have revised the applicability to refer to Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011.

Request To Clarify Paragraph (f) of the Supplemental NPRM (73 FR 70608,
November 21, 2008) Regarding Terminating Actions

    Boeing and American Airlines (AAL) stated that modifications done
in accordance with Boeing Alert Service Bulletin 767-56A0010, Revision
1, dated January 24, 2008, should be considered a terminating action.
Boeing added that installing a window having a part number listed in
paragraph 2.C.3. of Boeing Service Bulletin 767-56A0010, Revision 3,
dated March 3, 2011, should be considered a terminating action.
    We infer that the commenters requested that we revise paragraph (f)
of the supplemental NPRM (73 FR 70608, November 21, 2008) to clarify
that doing the modification terminates the one-time inspection. We
agree that clarification is needed. We have determined that either
doing the modification specified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, or replacing the window
assembly with an assembly that has the new part number specified in
paragraph 2.C.3. of Boeing Service Bulletin 767-56A0010, Revision 3,
dated March 3, 2011, terminates the inspection requirement of this AD.
We have added new paragraph (i) to this AD to clarify the terminating
action.

Request To Clarify Requirement for Removing Window

    AAL requested clarification regarding window removal to accomplish
the modification. AAL stated that window removal can be done at the
operator's discretion. We agree that clarification is needed. Boeing
Service Bulletin 767-56A0010, Revision 3, dated March 3, 2011, does not
state that window removal is necessary nor does it limit the operator
from removing the window during modification. Step 14 in Parts 4 and 8
has been removed from Boeing Service Bulletin 767-56A0010, Revision 3,
dated March 3, 2011, to eliminate implication of window removal. No
change has been made to this AD in this regard.

Request To Clarify Compliance Time

    CAL stated that the compliance time has already started with the
release of Boeing Alert Service Bulletin 767-56A0010, Revision 1, dated
January 24, 2008. Therefore, CAL proposed that the compliance time
start with the effective date of the AD.
    From these statements, we infer that the commenter requested that
we revise paragraph (f) of the supplemental NPRM (73 FR 70608, November
21, 2008) to clarify the proposed compliance time. We agree that
clarification is necessary in this regard. We have added new paragraph
(j) to this AD to specify this exception to Boeing Service Bulletin
767-56A0010, Revision 3, dated March 3, 2011. We have also revised
paragraph (g) of this AD to refer to paragraph (j) of this AD, and
reidentified subsequent paragraphs accordingly.

Request To Revise the AMM

    UPS requested that the Boeing 767 AMM be revised to reflect the
requirement for inspection and applicable corrective action. UPS
asserted that neither Section 56-11-02-04, ``Removal/Installation,''
nor Section 56-11-02-06, ``Adjustment/Test,'' contains any direction
for the operator to perform the prescribed inspection of the link arms
to ensure that they are in the over-center position. UPS stated that
failure to update these sections would result in an incomplete set of
instructions for the continued airworthiness of the airplane. We
acknowledge the commenter's request. The 767 AMM is only listed as a
reference in Boeing Service Bulletin 767-56A0010, Revision 3, dated
March 3, 2011. However, the inspection required by paragraph (g) of
this AD must be done in accordance with Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, which contains illustrations
that show the over-center position. Therefore, accomplishing the
instructions in Boeing Service Bulletin 767-56A0010, Revision 3, dated
March 3, 2011, addresses the identified unsafe condition. We have not
changed the AD in this regard.

Request To Clarify General Visual Inspection

    AAL requested clarification of the definition of a general visual
inspection. AAL stated that the definition of a general visual
inspection listed in Boeing Service Bulletin 767-56A0010, Revision 3,
dated March 3, 2011, differs from the definition in the Boeing 767
Maintenance Review Board Report.
    We agree to clarify the definition of a general visual inspection.
The definition of a general visual inspection is correctly stated as
the MSG-3 (maintenance steering group) definition in the Accomplishment
Instructions of Boeing Service Bulletin 767-56A0010, Revision 3, dated
March 3, 2011. No change has been made to the AD in this regard.

Additional Changes to Proposed AD

    We have included the on-condition costs in the Cost of Compliance
section of this AD.
    We have added paragraph (d) to this AD to include the Joint
Aircraft System Component (JASC)/Air Transport Association (ATA) of
America Code, and re-identified subsequent paragraphs accordingly.
    We have deleted the phrase ``before further flight following any
rigging change or replacement of any number 2 window assembly,'' from
paragraph (g) (formerly paragraph (f)) of this AD. Boeing Service
Bulletin 767-56A0010, Revision 3, dated March 3, 2011, does not specify
doing an inspection after doing the rigging change or replacing any
number 2 window assembly. We have determined that this action is not
necessary to address the identified unsafe condition except for
airplanes on which modified windows were replaced with unmodified
windows, as specified in paragraph (i) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the SNPRM (73 FR 70608, November 21, 2008) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (73 FR 70608, November 21, 2008).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 384 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                  Labor cost      Parts cost  Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
General visual inspection.....  1 work-hour x $85           $0  $85 per           $32,640 per inspection cycle.
                                 per hour = $85                  inspection
                                 per inspection                  cycle.
                                 cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modifications
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this modification:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                        Labor cost               Parts cost            Cost per  product
----------------------------------------------------------------------------------------------------------------
Modifying link arm..................  Up to 19                 Up to $7,013...........  Up to $8,628.
                                       work[dash]hours x $85
                                       per hour = $1,615.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that 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,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

AD-2012-05-04 The Boeing Company: Amendment 39-16976. Docket No.
FAA-2007-27223; Directorate Identifier 2006-NM-224-AD.

(a) Effective Date

    This AD becomes effective April 24, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, as
identified in Boeing Service Bulletin 767-56A0010, Revision 3, dated
March 3, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 56, Windows.

(e) Unsafe Condition

    This AD results from reports of the number 2 windows in the
flight compartment opening during takeoff roll, which has resulted
in aborted takeoffs. We are issuing this AD to prevent the opening
of the number 2 windows during takeoff roll, which could adversely
affect the flightcrew's ability to perform critical takeoff
communication and result in an aborted takeoff or an unscheduled
landing.

(f) Compliance

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

(g) Inspection

    Do a general visual inspection of the number 2 windows to
determine whether the link arms are in the over-center position, and
do all applicable modifications, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-56A0010,
Revision 3, dated March 3, 2011, except as provided by paragraph (i)
of this AD. Except as required by paragraph (j) of this AD, do the
actions at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 767-56A0010, Revision 3,
dated March 3, 2011. Do all applicable modifications before further
flight.

(h) Credit for Previous Actions

    This paragraph provides credit for inspections and applicable
modifications, as required by paragraph (g) of this AD, if those
actions were done before the effective date of this AD using Boeing
Alert Service Bulletin 767-56A0010, Revision 1, dated January 24,
2008; or Boeing Service Bulletin 767-56A0010, Revision 2, dated June
18, 2009.

(i) Terminating Action and Replacing With an Unmodified Part

    Doing the modification specified in Boeing Service Bulletin 767-
56A0010, Revision 3, dated March 3, 2011, or replacing the assembly
with a modified assembly identified in paragraph 2.C.3. of Boeing
Service Bulletin 767-56A0010, Revision 3, dated March 3, 2011,
terminates the inspection requirement for that particular assembly.
For airplanes that replace the assembly with an unmodified assembly,
do the actions required in paragraph (g) of this AD.

(j) Exception to Service Bulletin Specifications

    Where Boeing Service Bulletin 767-56A0010, Revision 3, dated
March 3, 2011, specifies a compliance time ``after the Revision 1
date of the service bulletin,'' this AD requires compliance within
the specified time after the effective date of this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (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.

(l) Related Information

    For more information about this AD, contact Emerson Hevia,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    You must use the following service information to do the actions
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference
(IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the following
service information.
    (1) Boeing Service Bulletin 767-56A0010, Revision 3, dated March
3, 2011.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6118 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 27, 2010 (Volume 75, Number 102)]
[Rules and Regulations]
[Page 29654-29655]
[DOCID:fr27my10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1184; Airspace Docket No. 09-ASW-39]

Amendment of Class E Airspace; Manila, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for Manila, AR.
Decommissioning of the Manila non-directional beacon (NDB) at Manila
Municipal Airport, Manila, AR has made this action necessary to enhance
the safety and management of Instrument Flight Rule (IFR) operations at
the airport.

DATES: Effective Date: 0901 UTC, July 29, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On March 15, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Manila, AR,
reconfiguring controlled airspace at Manila Municipal Airport (75 FR
12162) Docket No. FAA-2009-1184. 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 E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace for the Manila, AR area.
Decommissioning of the Manila NDB and cancellation of the NDB approach
at Manila Municipal Airport has made this action necessary for the
safety and management of IFR operations at the airport. Adjustment to
the geographic coordinates also will be made in accordance with the
FAA's National Aeronautical Charting Office. With the exception of
editorial changes, and the changes described above, this rule is the
same as that proposed in the NPRM.
    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.
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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    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 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 controlled airspace
at Manila Municipal Airport, Manila, AR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

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

    Authority:  49 U.S.C. 106(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 Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:
* * * * *

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

* * * * *

ASW AR E5 Manila, AR [Amended]

Manila Municipal Airport, AR
    (Lat. 35[deg]53'40'' N., long. 90[deg]09'16'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Manila Municipal Airport.

    Issued in Fort Worth, Texas, on May 13, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-12363 Filed 5-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75592-75593]
[DOCID:fr15de06-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54895; File No. SR-ISE-2006-75]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Rule 2101 (Equity Securities Traded) and 2106
(Opening Process)

December 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 5, 2006, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') 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 filed the proposed rule change as a ``non-controversial''
rule change under Rule 19b-4(f)(6) under the Act,\3\ which rendered the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend ISE Rule 2101 (Equity Securities
Traded) and ISE Rule 2106 (Opening Process) to allow the Exchange to
trade Equity Securities (hereinafter, ``securities'') \4\ that are
primarily listed on NYSE Arca pursuant to unlisted trading privileges
(``UTP'') and to incorporate opening procedures for securities
primarily listed on NYSE Arca, respectively. The text of the proposed
rule change is available on the Exchange's Web site, http://www.iseoptions.com
, at the Exchange's Office of the Secretary, and at

the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ See ISE Rule 2100(c)(7).
---------------------------------------------------------------------------

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 proposal. 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 aspects of such statements.

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

1. Purpose
    ISE Rule 2101 (Equity Securities Traded) provides the ISE with the
authority to trade securities pursuant to UTP. Currently, ISE Rule 2101
allows ISE to trade securities that are primarily listed on the New
York Stock Exchange, American Stock Exchange, or admitted to trading on
the NASDAQ Stock Market. Recently, some Exchange Traded Funds
(``ETFs'') that had been listed on the American Stock Exchange moved to
NYSE Arca. The ISE is seeking to amend ISE Rule 2101 to add NYSE Arca
to the list of primary markets of which ISE has authority to trade
securities pursuant to UTP.
    ISE Rule 2106 governs the process for opening trading in a
security. ISE Rule 2106 currently covers the opening of securities that
are primarily listed or traded on the New York Stock Exchange, American
Stock Exchange and Nasdaq. Related to the above discussion, the ISE is
proposing to amend ISE Rule 2106 to provide procedures for the opening
process of NYSE Arca-listed stock, which will be the same as the
procedures for Nasdaq securities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\5\ in that it is designed to promote
just and equitable principles of trade and to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

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

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

    The Exchange believes that the proposed rule change would impose no
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange did not solicit or receive any written comments with
respect to the proposal.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\6\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    As required under Rule 19b-4(f)(6)(iii),\8\ the Exchange provided
the Commission with 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 the
filing of the proposed rule change. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest, because this filing
will enable the ISE to commence trading the subject securities without
delay. For this reason, the Commission designates the proposal to be
effective and operative upon filing.\9\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ For the purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.\10\
---------------------------------------------------------------------------

    \10\ See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2006-75 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2006-75. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. 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-ISE-2006-75 and should be submitted on or before January
5, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary,
 [FR Doc. E6-21357 Filed 12-14-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Proposed Rules]
[Pages 71600-71601]
[FR Doc No: 2021-27194]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1135; Airspace Docket No. 21-ASW-26]
RIN 2120-AA66

Proposed Amendment of the Class E Airspace; Olney, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace at Olney,
TX. The FAA is proposing this action as the result of an airspace
review due to the decommissioning of the Olney non-directional beacon
(NDB). The geographic coordinates of the airport would also be updated
to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before January 31, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-1135/Airspace Docket No. 21-ASW-26, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, 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 would amend the Class E airspace extending upward from 700 feet
above the surface at Olney Municipal Airport, Olney, TX, to support
instrument flight rule operations at this airport.

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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-1135/
Airspace Docket No. 21-ASW-26.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal

docket may also be examined during normal business hours at the Federal
Aviation Administration, Air Traffic Organization, Central Service
Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth,
TX 76177.

Availability and Summary of Documents for Incorporation by Reference

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

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface to
within a 6.6-mile radius of Olney Municipal Airport, Olney, TX;
removing the Olney NDB and associated extensions from the airspace
legal description; removing the city associated with the airport in the
header of the airspace legal description to comply with changes to FAA
Order JO 7400.2N, Procedures for Handling Airspace Matters.
    This action is the result of an airspace review due to the
decommissioning of the Olney NDB which provided guidance to instrument
procedures at this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, 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 will only affect air traffic procedures and air navigation, it is
certified that this 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.

Environmental Review

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

List of Subjects in 14 CFR 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

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

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

71.1  [Amended]

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

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

* * * * *

ASW TX E5 Olney, TX [Amended]

Olney Municipal Airport, TX
    (Lat. 33[deg]21'03'' N, long. 98[deg]49'09'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Olney Municipal Airport.

    Issued in Fort Worth, Texas, on December 10, 2021.
Steven Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2021-27194 Filed 12-16-21; 8:45 am]
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