[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11900-11901]
[DOCID:fr12mr10-90]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1871-DR; Docket ID FEMA-2010-0002]

North Carolina; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of North Carolina (FEMA-1871-DR), dated February 2, 2010,
and related determinations.

DATES: Effective Date: March 2, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of North Carolina is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of February 2, 2010.

    The Eastern Band of the Cherokee Indians Qualla Boundary Tribal
Land for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used

for reporting and drawing funds: 97.030, Community Disaster Loans;
97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster
Legal Services; 97.034, Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-5397 Filed 3-11-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19675-19676]
[FR Doc No: 2022-07129]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG22-74-000.
    Applicants: Magic Valley Energy Center, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Magic Valley Energy Center, LLC.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5068.
    Comment Date: 5 p.m. ET 4/20/22.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1910-023; ER10-1911-023.
    Applicants: Duquesne Power, LLC, Duquesne Light Company.
    Description: Amendment to March 3, 2022 Notice of Change in Status
of Duquesne Light Company, et al.
    Filed Date: 3/24/22.
    Accession Number: 20220324-5217.
    Comment Date: 5 p.m. ET 4/14/22.

    Docket Numbers: ER22-1024-001.
    Applicants: MATL LLP.
    Description: Tariff Amendment: Amendment to Heartland TSR Filing
ER22-1114 to be effective 4/13/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5001.
    Comment Date: 5 p.m. ET 4/11/22.

    Docket Numbers: ER22-1494-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: Amendment to Cancellation Filing to
be effective 5/30/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5066.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1495-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 367,
EPE and Solar PV Development to be effective 3/29/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5000.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1496-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2646R9 Kansas Municipal
Energy Agency NITSA NOA to be effective 3/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5013.
    Comment Date: 5 p.m. ET 4/20/22.
    Docket Numbers: ER22-1497-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1313R15 Oklahoma Gas and
Electric Company NITSA and NOA to be effective 3/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5022.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1498-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Submission of Western Joint
Dispatch Agreement for Guzman Energy to be effective 4/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5024.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1499-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: 2022 TACBAA Update to be
effective 6/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5035.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1500-000.
    Applicants: Sunflower Electric Power Corporation, Southwest Power
Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Sunflower Electric Power
Corporation submits tariff filing per 35.13(a)(2)(iii: Sunflower
Electric Power Corporation Formula Rate Revisions to be effective 6/1/
2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5036.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1501-000.
    Applicants: Midcontinent Independent System Operator, Inc., Union
Electric Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2022-
03-30_SA 3715 Ameren Missouri-Hannibal Construction Agreement to be
effective 5/30/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5051.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1503-000.
    Applicants: Pisgah Mountain, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 5/30/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5069.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1504-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to Service
Agreement No.

5472; Queue No. AC1-204 to be effective 8/13/2019.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5071.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1505-000.
    Applicants: WEB Silver Maple Wind, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 5/30/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5073.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1506-000.
    Applicants: Midcontinent Independent System Operator, Inc.,Wabash
Valley Power Association, Inc.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
03-30_Revisions to Schs 7, 8, and 9 to add WVPA in NIPSCO pricing zone
to be effective 6/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5074.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1507-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Sec.  205(d) Rate Filing: O&R Undergrounding 3-30-2022
to be effective 4/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5086.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1508-000.
    Applicants: Midcontinent Independent System Operator, Inc., Wabash
Valley Power Association, Inc.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
03-30_Rate Schedule 56 WVPA-NIPSCO JPZ Revenue Allocation Agreement to
be effective 6/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5091.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1509-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-03-30_SA 3381 Duke-
Greensboro Solar Center GIA 1st Rev GIA (J903 S1004) to be effective 3/
18/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5116.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1510-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: OATT Revised Attachment H-1
(Rev Depreciation Rates 2022) to be effective 6/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5122.
    Comment Date: 5 p.m. ET 4/20/22.
    Docket Numbers: ER22-1511-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Sec.  205(d) Rate Filing: O&R Undergrounding 3-30-
2022--Revised to be effective 4/1/2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5123.
    Comment Date: 5 p.m. ET 4/20/22.

    Docket Numbers: ER22-1512-000.
    Applicants: Tumbleweed Solar, LLC.
    Description: Sec.  205(d) Rate Filing: Certificates of Concurrence
and Request for Waivers and Blanket Approvals to be effective 3/17/
2022.
    Filed Date: 3/30/22.
    Accession Number: 20220330-5151.
    Comment Date: 5 p.m. ET 4/20/22.

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

    Dated: March 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-07129 Filed 4-4-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32423-32425]
[FR Doc No: 2022-11668]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-0895]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Vaccines and Related
Biological Products Advisory Committee (VRBPAC). The general function
of the committee is to provide advice and recommendations to FDA on
regulatory issues. This meeting will be held to discuss an Emergency
Use Authorization (EUA) request by Novavax for a vaccine to prevent
COVID-19 in individuals 18 years of age and older. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held virtually on June 7, 2022, from 8:30
a.m. to 5 p.m. Eastern Time. Submit either electronic or written
comments on this public meeting by June 6, 2022. Comments received on
or before June 1, 2022, will be provided to the committee. Comments
received after June 1, 2022, and by June 6, 2022, will be taken into
consideration by FDA.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. The online
web conference meeting will be available at the following link on the
day of the meeting: https://youtu.be/DfdMsAqkneE.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-0895. The docket will close on June 6,
2022. Submit either electronic or written comments on this public
meeting by June 6, 2022. Please note that late, untimely filed comments
will not be considered. The https://www.regulations.gov electronic
filing system will accept comments until 11:59 p.m. Eastern Time at the
end of June 6, 2022. Comments received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
received on or before that date.

    Comments received on or before June 1, 2022, will be provided to
the committee. Comments received June 1, 2022, and by June 6, 2022,
will be taken into consideration by FDA. In the event that the meeting
is cancelled, FDA will continue to evaluate any relevant applications
or information, and consider any comments submitted to the docket, as
appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-0895 for ``Vaccines and Related Biological Products Advisory
Committee (VRBPAC); Notice of Meeting; Establishment of a Public
Docket; Request for Comments.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Eastern Time Monday through Friday, 240-402-
7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Prabhakara Atreya or Sussan Paydar,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Silver Spring, MD
20993-0002,<PHONE_NUMBER>, via email at [email protected]; or FDA
Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in
the Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the FDA's website at
https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION: Consistent with FDA's regulations, this
notice is being published with less than 15 days prior to the date of
the meeting based on a determination that convening a meeting of the
VRBPAC as soon as possible is warranted. This notice could not be
published 15 days prior to the date of the meeting due to the need for
prompt discussion on an EUA request by Novavax for a vaccine to prevent
COVID-19 in individuals 18 years of age and older.
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On June 7,
2022, the committee will meet in open session to discuss an EUA request
by Novavax for a vaccine to prevent COVID-19 in individuals 18 years of
age and older.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the time of the
advisory committee meeting, and the background material will be posted
on FDA's website after the meeting. Background material is available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: On June 7, 2022, from 8:30 a.m. to 5 p.m. Eastern Time,
the meeting is open to the public. Interested persons may present data,
information, or views, orally or in writing, on issues pending before
the committee. All electronic and written submissions submitted to the
Docket (see ADDRESSES) on or before June 1, 2022, will be provided to
the committee. Comments received after June 1, 2022, and by June 6,
2022, will be taken into consideration by FDA. Oral presentations from
the public will be scheduled between approximately 1 p.m. and 2 p.m.
Eastern Time. Those individuals interested in making formal

oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and email addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before 6 p.m. ET on June 1, 2022. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by June 3, 2022.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Prabhakara Atreya or Sussan Paydar (see FOR FURTHER INFORMATION
CONTACT) at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 25, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-11668 Filed 5-26-22; 11:15 am]
BILLING CODE 4164-01-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Rules and Regulations]
[Page 37161-37162]
[DOCID:fr28jy09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0062; Airspace Docket No. 09-AGL-2]

Amendment of Class E Airspace; Minneapolis, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Minneapolis, MN.
Additional controlled airspace is necessary to accommodate Area
Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at
Anoka County-Blaine Airport (Janes Field), Minneapolis, MN. This action
also updates the geographic coordinates of the Anoka County-Blaine
Airport (Janes Field) and Minneapolis-St. Paul International Airport to
coincide with the FAA's National Aeronautical Charting Office, and
makes minor corrections to the legal description published in the
Notice of Proposed Rulemaking. The FAA is taking this action to enhance
the safety and management of Instrument Flight Rule (IFR) operations at
Anoka County-Blaine Airport (Janes Field).

DATES: 0901 UTC, October 22, 2009. 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 April 21, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Minneapolis,
MN, adding additional controlled airspace at Anoka County-Blaine
Airport (Janes Field), Minneapolis, MN. (74 FR 18168, Docket No. FAA-
2009-0062). 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 7400.9S signed October 3,
2008, and effective October 31, 2008, 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 at Minneapolis, MN, adding
additional controlled airspace extending upward from 700 feet above the
surface at Anoka

County-Blaine Airport (Janes Field), Minneapolis, MN, for the safety
and management of IFR operations. This action also updates the
geographic coordinates of the Anoka County-Blaine Airport (Janes Field)
and Minneapolis-St. Paul International Airport to coincide with the
FAA's National Aeronautical Charting Office, and makes minor
corrections to the legal description published in the Notice of
Proposed Rulemaking.
    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 adds additional controlled airspace at Anoka County-Blaine
Airport (Janes Field), Minneapolis, MN.

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 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

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

* * * * *

AGL MN E5 Minneapolis, MN [Amended]

Minneapolis-St. Paul International Airport (Wold-Chamberlain)
Airport DME Antenna
    (Lat. 44[deg]52'28'' N., long. 93[deg]12'24'' W.)
Minneapolis, Anoka County-Blaine Airport (Janes Field), MN
    (Lat. 45[deg]08'42'' N., long. 93[deg]12'37'' W.)
St. Paul, Lake Elmo Airport, MN
    (Lat. 44[deg]59'51'' N., long. 92[deg]51'20'' W.)
Minneapolis, Airlake Airport, MN
    (Lat. 44[deg]37'40'' N., long. 93[deg]13'41'' W.)
Farmington VORTAC
    (Lat. 44[deg]37'51'' N., long. 93[deg]10'55'' W.)

    That airspace extending upward from 700 feet above the surface
within a 20-mile radius of the Minneapolis-St. Paul International
Airport (Wold-Chamberlain) Airport DME antenna, and within a 6.5-
mile radius of the Anoka County-Blaine Airport (Janes Field), and
within 4 miles each side of the 001[deg] bearing from the Anoka
County-Blaine Airport (Janes Field) extending from the 6.5-mile
radius to 9.9 miles north of the airport, and within a 6.3-mile
radius of the Lake Elmo Airport, and within a 6.4-mile radius of the
Airlake Airport, and within 3.3 miles each side of the 084[deg]
bearing from the Farmington VORTAC extending from the 6.4-mile
radius to 14.8 miles east of the Airlake Airport.
* * * * *

    Issued in Fort Worth, Texas, on July 16, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-17850 Filed 7-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Proposed Rules]
[Page 33712]
[FR Doc No: 2014-13756]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket Nos. FDA-2011-N-0504 and FDA-2013-N-0195]

Neurological Devices; Withdrawal of Proposed Effective Date of
Requirement for Premarket Approval for Cranial Electrotherapy
Stimulator Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Withdrawal of proposed rule and proposed order.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing the
proposed rule the Agency issued in the Federal Register of August 8,
2011, and the proposed order the Agency issued in the Federal Register
of April 4, 2013, in part. In those documents, FDA proposed to require
the filing of a premarket approval application (PMA) or a notice of
completion of a product development protocol (PDP) for the class III
preamendment device, cranial electrotherapy stimulator (CES). In
response to information received in response to these two proposed
actions, FDA is withdrawing the proposed rule and proposed order.

DATES: The proposed rule and the proposed order, in part, are withdrawn
on June 12, 2014.

FOR FURTHER INFORMATION CONTACT: Melissa Burns, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1646, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background--Regulatory Authorities

    In the Federal Register of August 8, 2011 (76 FR 48062), FDA issued
a proposed rule to require the filing of a PMA or a notice of
completion of a PDP for the class III preamendments device, CES. This
device applies electrical current to a patient's head to treat
insomnia, depression, or anxiety. The Agency also summarized its
proposed findings regarding the degree of risk of illness or injury
designed to be eliminated or reduced by requiring the devices to meet
the statute's approval requirements and the benefits to the public from
the use of the devices. In addition, FDA announced the opportunity for
interested persons to request that the Agency change the classification
of any of the aforementioned devices based on new information.
    In response to the proposed rule, FDA received three petitions
conforming to the requirements of 21 CFR 860.123 requesting a change in
the classification of CES devices. FDA referred the petitions to the
Neurological Device Panel (``the Panel'') on February 10, 2011, for the
Panel's recommendation on the requested change in classification (Ref.
1). The Panel recommended that the CES device for treatment of
insomnia, depression, or anxiety should remain in class III requiring
PMAs.
    On July 9, 2012, the Food and Drug Administration Safety and
Innovation Act (FDASIA) was enacted. Section 608(a) of FDASIA (126
Stat. 1056) amended section 513(e) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(e)), changing the process
for reclassifying a device from rulemaking to an administrative order.
Subsequently, on April 4, 2013 (78 FR 20268), FDA issued a proposed
administrative order for several device types, including CES, to comply
with the new procedural requirement created by FDASIA. This proposed
order also proposed requiring filing of a PMA or a notice of completion
of a PDP for the CES device.

II. Withdrawal of the Proposed Rule and Proposed Order

    FDA provided an opportunity for interested parties to comment on
the proposed rule and proposed order for CES devices (76 FR 48062,
August 8, 2011, and 78 FR 20268, April 4, 2013). FDA received over 300
comments to the docket in response to the proposed rule and proposed
order related to CES devices. Comments that expressed an opinion about
the classification of CES devices were usually in favor of a class II
designation. Some comments did not openly state an opinion, but
included arguments against the proposed rule or order that could
reasonably be interpreted as support for a class II designation. There
were also comments that agreed with a class III designation. In
addition to the comments, FDA received four separate submissions to
request a change in the classification of CES from class III to class
II. FDA has considered the information before the Agency, including the
deliberations of the February 10, 2012, Neurological Devices Panel and
the reclassification petitions submitted for these devices, and has
determined that there is sufficient information to establish special
controls, and that these special controls, together with general
controls, will provide a reasonable assurance of safety and
effectiveness for CES devices. In this action, FDA is withdrawing the
proposed rule and proposed order to call for PMAs for CES devices. FDA
plans to issue a proposed order in the future for the reclassification
of the CES device into class II. For the reasons described in this
document, FDA is withdrawing the aforementioned proposed rule and
proposed order.

III. Reference

    The following reference has been placed on display in the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and is available electronically at http://www.regulations.gov. (FDA has
verified the Web site address in this reference section, but we are not
responsible for any subsequent changes to the Web site after this
document publishes in the Federal Register.)

    1. FDA's Neurological Devices Panel transcript and other meeting
materials are available on FDA's Web site at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/NeurologicalDevicesPanel/ucm289361.htm.

    Dated: June 9, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-13756 Filed 6-11-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Notices]
[Pages 48588-48590]
[FR Doc No: 2015-19877]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75649; File No. SR-NYSEMKT-2015-60]

Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Modifying the
Manner in Which It Calculates Certain Volume and Quoting Thresholds
Applicable to Billing on the Exchange in Relation to a Suspension of
Trading on the Exchange on July 8, 2015

August 7, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on July 30, 2015, NYSE MKT LLC (Exchange'' or ``NYSE MKT'')
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 self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the manner in which it calculates
certain volume and quoting thresholds applicable to billing on the
Exchange in relation to a suspension of trading on the Exchange on July
8, 2015. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to modify the manner in which it
calculates certain volume and quoting thresholds applicable to billing
on the Exchange in relation to a suspension of trading on the Exchange
on July 8, 2015 (``trading suspension'').\4\
---------------------------------------------------------------------------

    \4\ See NYSE MKT Informational Message, ``NYSE/NYSE MKT--Outage
Description'' July 9, 2015, available at https://www.nyse.com/market-status/history. Trading at the Exchange's affiliate, New York
Stock Exchange LLC, was also suspended.
---------------------------------------------------------------------------

    The trading suspension resulted in a more than 40% decrease in
trading volume on the Exchange on July 8, 2015 for that day as compared
to average daily volume (``ADV'') on the Exchange for the prior trading
days in July 2015. The Exchange believes that the trading suspension
prevented member organizations on the Exchange, including Designated
Market Makers (``DMMs''), Supplemental Liquidity Providers (``SLPs'')
and Retail Liquidity Providers (``RLPs''), from engaging in normal
trading and quoting in their assigned securities, leading to decreased
quoting and trading volume compared to ADV.
    As provided in the Exchange's Price List, certain of the Exchange's
transaction fees and credits are based on trading and quoting
thresholds that member organizations must satisfy in order to qualify
for the particular rates. The Exchange believes that the trading
suspension may affect the ability of member organizations to meet
certain of these thresholds during July 2015.\5\ Accordingly, the
Exchange proposes to exclude July 8, 2015 from such calculations, in
order to reasonably ensure that a member organization that would
otherwise qualify for a particular threshold during July 2015, and the
corresponding transaction rate, would not be negatively impacted by the
trading suspension.
---------------------------------------------------------------------------

    \5\ The Exchange notes that it does not perform the calculations
necessary to determine whether these thresholds have been met until
after the particular billing month has ended.
---------------------------------------------------------------------------

    First, the Exchange proposes to exclude July 8, 2015 for purposes
of determining transaction fees and credits that are based on quoting
levels of DMMs, SLPs and RLPs. The calculations of such quoting levels
include the amount of time that the relevant DMM, SLP or RLP quoted at
the National Best Bid or Offer (``NBBO'').\6\ If the Exchange did not
exclude July 8, 2015 when calculating these quoting levels for July,
the numerator for the calculation (e.g., time during which the DMM, SLP
or RLP quoted at the NBBO) would be lower as a result of the decreased
trading volume on July 8, 2015, but the denominator (e.g., total time
that the U.S. equity markets quote during regular trading hours) would
not be decreased. Excluding July 8, 2015 from the calculation of these
quoting levels for the month of July would reasonably ensure that a
member organization that would otherwise qualify for a particular
threshold during July 2015, and the corresponding transaction rate,
would not be negatively impacted by the trading suspension on July 8,
2015.
---------------------------------------------------------------------------

    \6\ See Rules 107B(g) and 107C(f).
---------------------------------------------------------------------------

    Second, the Exchange proposes to exclude July 8, 2015 for purposes
of determining transaction credits applicable to executions in the
Retail Liquidity Program that are based on ADV executed by a non-RLP
member organization during the billing month. If the Exchange did not
exclude July 8, 2015 when calculating ADV for July, the numerator for
the calculation (e.g., trading volume) would be lower as a result of
the decreased trading volume on July 8, 2015, but the denominator for
the threshold calculations (e.g., the number of trading days) would not
be smaller. Excluding July 8, 2015 from the calculation of ADV for the
month of July would reasonably ensure that a non-RLP member
organization that would otherwise qualify for that would otherwise
qualify for the applicable credit for July 2015, would not be
negatively impacted by the trading suspension on July 8, 2015. The
Exchange notes that the proposed exclusions would be similar to the
current provision in the Price List whereby, for purposes of these non-
RLP member organization credits, the calculation of the average daily
volume during the month excludes early closing days. Generally, this
applies to certain days before or after a holiday observed by the
Exchange.\7\
---------------------------------------------------------------------------

    \7\ For example, the Exchange is closed on Thanksgiving Day and
closes early on the Friday immediately following Thanksgiving Day
(e.g., Friday, November 28, 2014).
---------------------------------------------------------------------------

    Finally, the Exchange does not propose to exclude July 8, 2015 from
the calculation of consolidated average daily volume (``CADV'') for
purposes of determining the qualification for certain

DMM thresholds in the Price List.\8\ The thresholds that are based on
CADV consider volume across all markets, not only the Exchange's, and
therefore the trading suspension would not be expected to significantly
impact CADV.
---------------------------------------------------------------------------

    \8\ CADV includes all volume reported to the Consolidated Tape
Association Plan for Tapes A, B and C securities.
---------------------------------------------------------------------------

    The Exchange notes that the proposed change is not otherwise
intended to address any other issues surrounding billing for activity
on the Exchange and the Exchange is not aware of any negative impact on
member organizations that would result from the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed change is consistent with
Section 6(b) of the Securities Exchange Act of 1934 (the ``Act''),\9\
in general, and furthers the objectives of Section 6(b)(4) of the
Act,\10\ in particular, because it provides for the equitable
allocation of reasonable dues, fees, and other charges among its
members, issuers and other persons using its facilities and does not
unfairly discriminate between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that excluding July 8, 2015 for purposes of
determining transaction fees and credits that are based on quoting
levels of DMMs, SLPs and RLPs is reasonable because the calculations of
such quoting levels include the amount of time that the relevant DMM,
SLP or RLP quoted at the NBBO. In this regard, excluding July 8, 2015
from these quoting calculations is reasonable because, without this
exclusion, the numerator for the calculations (e.g., time during which
the DMM, SLP or RLP quoted at the NBBO) would be lower as a result of
the decreased trading volume on July 8, 2015, but the denominator for
the threshold calculations (e.g., total time that the U.S. equity
markets quote during regular trading hours) would not be decreased. As
a result, without this exclusion, a member organization that would
otherwise qualify for a particular threshold for July 2015, and the
corresponding transaction rate, may be negatively impacted by the
trading suspension. This is equitable and not unfairly discriminatory
because DMMs, SLPs and RLPs have specific performance metrics that must
be satisfied for assigned securities in order to qualify for the
particular rates in the Price List.
    The Exchange also believes that excluding July 8, 2015 for purposes
of determining transaction fees and credits applicable to executions in
the Retail Liquidity Program that are based on ADV executed by a non-
RLP member organization during the billing month, is reasonable because
trading suspension resulted in a significant decrease in trading volume
on the Exchange. This proposed change is reasonable because, without
this exclusion, the numerator for the calculations of ADV (e.g.,
trading volume) would be lower as a result of the decreased trading
volume on July 8, 2015, but the denominator for the calculations (e.g.,
the number of trading days) would not be smaller. The Exchange believes
that excluding activity on July 8, 2015 for purposes of determining
transaction fees and credits that are based on ADV during the billing
month is equitable and not unfairly discriminatory because it would
apply equally to all market participants on the Exchange. In this
regard, excluding July 8, 2015 from such ADV calculations is equitable
and not unfairly discriminatory because the exclusion would reasonably
ensure that a non-RLP member organization that would otherwise qualify
for the applicable credit for July 2015 would not be negatively
impacted by the trading suspension.
    Finally, the Exchange believes that not excluding activity on July
8, 2015 from the calculation of CADV for purposes of determining the
qualification for certain DMM thresholds in the Price List is
reasonable. This is because the thresholds that are based on CADV
consider volume across all markets, not only the Exchange's, and
therefore the trading suspension would not be expected to significantly
impact CADV. This is equitable and not unfairly discriminatory because,
in addition to applying to all DMMs on the Exchange, the Exchange
believes that the trading suspension did not have a significant impact
on these thresholds and, therefore, including activity on July 8, 2015
will have an equal impact for all DMMs.
    The Exchange also believes that the proposed rule change furthers
the objectives of Section 6(b)(5) of the Act,\11\ in particular,
because it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed exclusions would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because they would reasonably ensure that a
member organization that would otherwise qualify for a particular
threshold during the month, and the corresponding transaction rate,
would not be negatively impacted by the trading suspension. In
particular, the Exchange believes that the proposed exclusions promote
just and equitable principles of trade because they account for the
impact on trading volume and quoting that resulted from the trading
suspension for all securities traded on the Exchange. The Exchange
further believes that the proposed exclusions remove impediments to and
perfect the mechanism of a free and open market and a national market
system because they provide transparency for member organizations and
the public regarding the manner in which the Exchange will calculate
certain volume and quoting thresholds related to billing for activity
on the Exchange on July 8, 2015 and for the month of July 2015. In this
regard, the Exchange believes that the proposed exclusions are
consistent with the Act because they address inquiries from member
organizations regarding how the Exchange will treat July 8, 2015 for
purposes of billing. Also, the proposed exclusions are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, but are instead designed to provide transparency for all
member organizations and the public regarding the manner in which the
Exchange will calculate certain volume and quoting thresholds in
relation to the trading suspension. The Exchange is not aware of any
negative impact on member organizations that would result from the
proposed change.

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

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change would treat all market
participants on the Exchange equally by excluding July 8, 2015 from

quoting level and ADV calculations described in the Price List.
Moreover, the Exchange believes that the proposed change would enhance
competition between competing marketplaces by enabling the Exchange to
exclude July 8, 2015 for the purposes of determining transaction fees
and credits based on volume and quoting levels as set forth in the
Price List.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) \14\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.\15\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period. The Commission
believes that waiver of the 30-day operative delay period is consistent
with the protection of investors and the public interest. Specifically,
the Commission believes that the proposal would allow the Exchange to
immediately implement the calculation related to the trading
suspension, thereby reducing the potential for confusion among member
organizations regarding the volume, liquidity, and quoting thresholds
applicable to billing in July 2015. The Commission believes that the
waiver would also assist the Exchange in determining transaction fees
and credits for member organizations in a timely manner after the end
of the billing month of July 2015. For these reasons, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, and designates the
proposed rule change to be operative upon filing with the
Commission.\17\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\18\
---------------------------------------------------------------------------

    \18\ 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-60 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-60. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2015-60 and should
be submitted on or before September 3, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-19877 Filed 8-12-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Notices]
[Page 65481]
[DOCID:fr08no06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Institution of Proceeding and Refund Effective Date

November 1, 2006.

California Independent System      Docket No. EL07-1-000.
 Operator, Inc.
ISO New England, Inc.............  Docket No. EL07-2-000.
PJM Interconnection, LLC.........  Docket No. EL07-3-000.
Midwest Independent Transmission   Docket No. EL07-4-000.
 System Operator, Inc.
NewYork Independent System         Docket No. EL07-5-000.
 Operator, Inc.
Southwest Power Pool, Inc........  Docket No. EL07-6-000.

    On October 25, 2006, the Commission issued an order that instituted
a proceeding in the above-referenced dockets, pursuant to section 206
of the Federal Power Act (FPA), 16 U.S.C. 824e, concerning the justness
and reasonableness of the tariffs of the independent system operators
(ISOs) and regional transmission organizations (RTOs).
    The refund effective date in the above-docketed proceedings,
established pursuant to section 206(b) of the FPA, will be the date of
publication of this notice in the Federal Register.

 Magalie R. Salas,
Secretary.
[FR Doc. E6-18809 Filed 11-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Rules and Regulations]
[Pages 14413-14416]
[FR Doc No: 2020-04997]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1093; Project Identifier AD-2019-00144-E;
Amendment 39-21103; AD 2020-06-01]
RIN 2120-AA64

Airworthiness Directives; CFM International, S.A., Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
CFM International S.A. (CFM) LEAP-1B21, -1B23, -1B25, -1B27, -1B28, -
1B28B1, -1B28B2, -1B28B2C, -1B28B3, -1B28BBJ1, and -1B28BBJ2 model
turbofan engines. This AD was prompted by reports of two new unsafe
conditions and the need to supersede corrective actions for two
previously addressed unsafe conditions. This AD supersedes AD 2018-25-
09 and AD 2019-12-01, which apply to the affected LEAP-1B model
turbofan engines. This AD requires revising the Airworthiness
Limitations Section (ALS) of the applicable CFM LEAP-1B Engine Shop
Manual and the operator's approved continuous airworthiness maintenance
program. The FAA is issuing this AD to address the unsafe conditions on
these products.

DATES: This AD is effective April 16, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 16,
2020.

ADDRESSES: For service information identified in this final rule,
contact CFM International, Inc., Aviation Operations Center, 1 Neumann
Way, M/D Room 285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax: 877-
exception occurred on : 2020-04997.htm
exception occurred on : 2020-04997.htm
432-3329; email: [email protected]">aviation.[email protected]. You may view this
service information at the FAA, Engine and Propeller Standards Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for

and locating Docket No. FAA-2019-1093.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1093; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is 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: Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA published a Notice of Proposed Rulemaking (NPRM) in the
Federal Register on January 23, 2020 (85 FR 3871), prompted by reports
of two new unsafe conditions affecting CFM LEAP-1B model turbofan
engines: (1) Increased fuel flow through certain fuel nozzles due to
fuel nozzle coking, potentially causing distress to the static
structures of the high-pressure turbine (HPT) and in-flight shutdown
(IFSD) of one or more engines; and (2) the potential for undetected
subsurface anomalies formed during the manufacturing process that could
result in uncontained failure of the HPT stage 2 disk.
    The NPRM also resulted from additional information related to two
unsafe conditions previously addressed by AD 2018-25-09, Amendment 39-
19520 (83 FR 63559, December 11, 2018) (``AD 2018-25-09''), and AD
2019-12-01, Amendment 39-19656 (84 FR 28202, June 18, 2019) (``AD 2019-
12-01''), regarding: (1) Icing in the pressure sensor lines,
potentially causing inaccurate pressure sensor readings and loss of
thrust control; and (2) inadequate oil flow to the radial drive shaft
(RDS) bearing, which can cause failure of the bearing and IFSD of one
or more engines. AD 2018-25-09 applied to all CFM LEAP-1B21, -1B23, -
1B25, -1B27, -1B28, -1B28B1, -1B28B2, -1B28B2C, -1B28B3, -1B28BBJ1, and
-1B28BBJ2 model turbofan engines. AD 2019-12-01 applied to CFM LEAP-
1B21, -1B23, -1B25, -1B27, -1B28, -1B28B1, -1B28B2, -1B28B3,-1B28B2C, -
1B28BBJ1, and -1B28BBJ2 model turbofan engines with certain RDS
bearings installed. Thus, the FAA also proposed to supersede the two
previously issued ADs addressing icing in the pressure sensor lines and
inadequate oil flow to the RDS bearing.
    The NPRM proposed to require revising the ALS of the applicable CFM
LEAP-1B Engine Shop Manual and the operator's approved continuous
airworthiness maintenance program to: (1) Add an ultrasonic inspection
of the HPT stage 2 disk to detect subsurface anomalies formed during
manufacturing; (2) add an inspection of the RDS bearing to address
inadequate oil flow to the RDS bearing; (3) require monitoring and
inspections of the fuel nozzle to address the potential distress to HPT
static structures due to nozzle coking; and (4) update the electronic
engine control (EEC) system software to address potential for icing in
the pressure sensor lines.
    The FAA is issuing this AD to address the unsafe conditions on
these products.

Comments

    The FAA gave the public the opportunity to participate in
developing this AD. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Request To Use CFM Diagnostics for Engine Monitoring To Detect Fuel
Nozzle Coking

    A commenter asked whether CFM Diagnostics reporting is an
acceptable method of compliance for CFM Service Bulletin (SB) LEAP-1B-
73-00-0030-01A-930A-D, Issue 001, dated January 8, 2020 (``SB 73-
0030''). The commenter stated that CFM Diagnostics has created a
diagnostic report that includes the limits published in SB 73-0030.
    The FAA agrees that use of CFM Diagnostics is an acceptable method
of compliance for the engine monitoring in the ALS revisions required
by this AD. This AD requires revising the ALS to include paragraph
6.B.(1) of CFM Engine Shop Manual (ESM) Data Module LEAP-1B-05-29-00-
01A-281B-C, Issue 001, dated January 9, 2020 (``ESM 05-29''), which
requires either engine monitoring or repetitive borescope inspections
specified in SB 73-0030 to detect fuel nozzle coking. Given that SB 73-
0030 recommends the use of CFM Diagnostics to perform engine
monitoring, no change to this AD is necessary.
    The commenter also asked whether switching between the engine
monitoring and borescope inspection requirements is acceptable, because
SB 73-0030 says that ``You must do the trend monitoring or BSI of the
turbine hardware,'' which implies that only one of the two methods must
be used. The commenter indicated that there may be scenarios when a
data interruption occurs and they need to switch from engine condition
monitoring to a borescope inspection.
    The FAA agrees that switching between the engine monitoring and
borescope inspection requirements is acceptable because the FAA has
previously approved SB 73-0030, which allows operators to use either
option. Based on the foregoing, no change to this AD is necessary.

Request for Credit for Inspections of Transfer Gearbox (TGB) Related to
Inadequate Oil Flow to RDS Bearing

    A commenter requested that the AD provide credit for inspections of
the TGB performed in accordance with CFM SB LEAP-1B-72-00-0222-01A-
930A-D, Issue 007, dated May 17, 2019 (``SB 72-0222''). The commenter
indicated that, although the service bulletins refer to different
maintenance manual tasks, both SB 72-0222 and CFM SB LEAP-1B-72-00-
0317-01A-930A-D, Issue 001, dated January 9, 2020 (``SB 72-0317''),
require inspections meeting the same criteria.
    The FAA agrees. This AD requires revising the ALS to include
paragraph 6.B.(2) of ESM 05-29, which requires inspections of the RDS
bearing as specified in SB 72-0317. SB 72-0317 provides the conditions
for taking credit for inspections accomplished before the issuance of
SB 72-0317, including inspections accomplished using SB 72-0222.
Operators who meet the conditions specified in SB 72-0317 may take
credit for previous inspections as part of their maintenance program.
However, no change to this AD is necessary. Once an operator revises
the ALS as required by this AD, the operator has fully complied with
this AD. Compliance with the inspections remains mandatory as part of
the ALS.

Support for the AD

    The Boeing Company and the Air Line Pilots Association expressed
support for the AD as written.

No Comments on the AD

    United Airlines Engineering commented that it reviewed the NPRM and
had no comments.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the

public interest require adopting this AD as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed CFM ESM Data Module LEAP-1B-05-21-03-01A-281B-C,
Issue 002, dated January 9, 2020 (``ESM 05-21''); and ESM 05-29. ESM
05-21 contains procedures for an ultrasonic inspection of the HPT stage
2 disk. ESM 05-29 contains procedures for inspection of the RDS
bearing, monitoring and inspections of the fuel nozzle, and the
required version of EEC system software. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 162 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Update ALS............................  4 work-hours x $85 per                $0            $340         $55,080
                                         hour = $340.
TGB Screen Inspection.................  1 work-hour x 85 per                   0              85          13,770
                                         hour = 85.
HPT stage 2 Disk Inspection...........  6 work-hours x 85 per                  0             510          82,620
                                         hour = 510.
Fuel Nozzle Inspection................  6 work-hours x 85 per                  0             510          82,620
                                         hour = 510.
Pressure Sub-system Software Upgrade..  0.5 work-hours x 85 per                0           42.50           6,885
                                         hour = 42.50.
RDS Borescope Inspection..............  2 work-hours x 85 per                  0             170          27,540
                                         hour = 170.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
RDS Replacement...............................  200 work-hours x $85 per hour =          $30,500         $47,500
                                                 $17,000.
HPT stage 2 Disk Replacement..................  1 work-hour x $85 per hour = $85         225,000         225,085
Replace Set of Fuel Nozzles...................  40 work-hours x $85 per hour =           120,000         123,400
                                                 $3,400.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2018-25-09, Amendment 39-19520
(FAA-2018-1023, December 11, 2018), and AD 2019-12-01, Amendment 39-
19656 (84 FR 28202, June 18, 2019); and
0
b. Adding the following new AD:

2020-06-01 CFM International, S.A.: Amendment 39-21103; Docket No.
FAA-2019-1093; Project Identifier AD-2019-00144-E.

(a) Effective Date

    This AD is effective April 16, 2020.

(b) Affected ADs

    This AD replaces AD 2018-25-09, Amendment 39-19520 (83 FR 63559,
December 11, 2018), and AD 2019-12-01, Amendment 39-19656 (84 FR
28202, June 18, 2019).

(c) Applicability

    This AD applies to all CFM International S.A. (CFM) LEAP-1B21, -
1B23, -1B25, -1B27, -1B28, -1B28B1, -1B28B2, -1B28B3, -1B28B2C, -
1B28BBJ1, and -1B28BBJ2 model turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code, 7200 (Turbine/
Turboprop).

(e) Unsafe Condition

    (1) This AD was prompted by multiple reports of engine in-flight
shutdowns (IFSDs) and defects in the related applicable systems and
one report of a melt-related defect of the high-pressure turbine
(HPT) stage 2 disk material. The FAA is issuing this AD to prevent:
    (i) Increased fuel flow through certain fuel nozzles leading to
distress of the HPT static structures and IFSD of one or more
engines;
    (ii) Undetected subsurface anomalies formed during the
manufacturing process that could lead to uncontained HPT disk
failure;
    (iii) Icing in the pressure sensor lines, inaccurate pressure
sensor readings and loss of thrust control; and
    (iv) Inadequate oil flow to the radial drive shaft (RDS)
bearing, failure of the bearing, and IFSD of one or more engines.
    (2) These unsafe conditions, if not addressed, could result in
IFSD or failure of one or more engines, loss of thrust control and
loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 15 days after the effective date of this AD, revise the
Airworthiness Limitations Section (ALS) of the applicable CFM LEAP-
1B Engine Shop Manual and the operator's existing approved
continuous airworthiness maintenance program by inserting the
following changes:
    (1) Paragraph 6.B.(2) of the CFM Engine Shop Manual (ESM) Data
Module LEAP-1B-05-21-03-01A-281B-C, Issue 002, dated January 9,
2020; and
    (2) Paragraphs 6.B.(1), 6.B.(2), and 6.C.(1) of the CFM ESM Data
Module LEAP-1B-05-29-00-01A-281B-C, Issue 001, dated January 9,
2020.

(h) No Alternative Procedures or Intervals

    After the revisions required by paragraph (g) of this AD have
been made, no alternative inspections, procedures, or intervals may
be used unless approved as an alternative method of compliance in
accordance with the procedures specified in paragraph (i) of this
AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. You may email your request
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.

(j) Related Information

    For more information about this AD, contact Christopher McGuire,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) CFM International, S.A. (CFM) Engine Shop Manual (ESM) Data
Module, LEAP-1B-05-21-03-01A-281B-C, Issue 002, dated January 9,
2020; and
    (ii) CFM ESM Data Module LEAP-1B-05-29-00-01A-281B-C, Issue 001,
dated January 9, 2020.
    (3) For CFM service information identified in this AD, contact
CFM International, S.A., Aviation Operations Center, 1 Neumann Way,
M/D Room 285, Cincinnati, OH 45125, United States; phone: (877) 432-
3272; email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Engine &
Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-04997 Filed 3-11-20; 8:45 am]
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[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Notices]
[Page 18904]
[FR Doc No: 2014-07535]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13817-001]

EBD Hydro Apple Inc.; Notice of Transfer of Exemption

    1. By letter filed on December 9, 2013 and supplemented on December
27, 2013, EBD Hydro informed the Commission that the exemption from
licensing for the 45-Mile Hydroelectric Project, FERC No. 13817,
originally issued December 17, 2010,\1\ has been transferred to Apple
Inc. The project will be located at the concrete drop structure of the
North Unit Irrigation District's main irrigation canal in Jefferson
County, Oregon. The transfer of an exemption does not require
Commission approval.
---------------------------------------------------------------------------

    \1\ 133 FERC ] 62,268, Order Granting Exemption From Licensing
(Conduit).
---------------------------------------------------------------------------

    2. Apple Inc. is now the exemptee of the 45-Mile Hydroelectric
Project, FERC No. 13817. All correspondence should be forwarded to:
Apple Inc., Attn: Real Estate Counsel, 1 Infinite Loop, MS: 4D-LAW,
Cupertino, CA 95014.

    Dated: March 31, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-07535 Filed 4-3-14; 8:45 am]
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[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Proposed Rules]
[Page 54989-54990]
[DOCID:fr24se08-19]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0652; Airspace Docket No. 08-AGL-5]

Proposed Establishment of Class D and Class E Airspace; Grayling,
MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to establish Class D airspace and Class E
Surface Area airspace at Grayling Army Airfield, Grayling, MI. The
establishment of an air traffic control tower has made these actions
necessary for the safety of Instrument Flight Rule (IFR) operations at
Grayling Army Airfield. Class D airspace will revert to a Class E2
Surface Area during periods when the control tower is not operating.

DATES: 0901 UTC. Comments must be received on or before November 10,
2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-0652/Airspace Docket No. 08-
AGL-5, at the beginning of your comments. You may also submit comments
through the Internet at http://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 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527) is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Area,
System Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
222-5582.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers 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-2008-0652/
Airspace Docket No. 08-AGL-5.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Superintendent of Documents' Web page at http://
www.access.gpo.gov/nara.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRM's
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing a Class D airspace area and Class E
Surface Area for IFR operations at Grayling Army Airfield, Grayling,
MI. The Class D airspace will revert to a Class E Surface Area during
those periods when the control tower is not operating. These areas
would be depicted on appropriate aeronautical charts.
    Class D airspace areas are published in Paragraph 5000 of FAA Order
7400.9R, dated August 15, 2007, and effective September 15, 2007, which
is incorporated by reference in 14 CFR 71.1. The Class D airspace
designation listed in this document would be published subsequently in
the Order.
    Class E Surface Areas are published in Paragraph 6002 of FAA Order
7400.9R, dated August 15, 2007, and effective

September 15, 2007, which is incorporated by reference in 14 CFR 71.1.
The Class E Surface Area designation listed in this document would be
published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this 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 would establish controlled
airspace at Grayling Army Airfield, Grayling, MI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, dated August 15, 2007, and effective September 15,
2007, is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

AGL MI D Grayling, MI [New]

Grayling Army Airfield, MI
    (Lat. 44[deg]40[min]49'' N., long. 84[deg]43[min]44[sec] W.)
Grayling VOR
    (Lat. 44[deg]40[min]54[sec] N., long. 84[deg]43[min]44[sec] W.)

    That airspace extending upward from the surface to and including
3,700 feet MSL within a 4.2-mile radius of Grayling Army Airfield
and within 2 miles each side of the 304[deg] bearing from Grayling
Army Airfield extending from the 4.2-mile radius to 7.7 miles
northwest of the airport. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas
* * * * *

AGL MI E2 Grayling, MI [New]

Grayling Army Airfield, MI
    (Lat. 44[deg]40[min]49[sec] N., long. 84[deg]43[min]44[sec] W.)

Grayling VOR
    (Lat. 44[deg]40[min]54[sec] N., long. 84[deg]43[min]44[sec] W.)

    That airspace extending upward from the surface to and including
3,700 feet MSL within a 4.2-mile radius of Grayling Army Airfield
and within 2 miles each side of the 304[deg] bearing from Grayling
Army Airfield extending from the 4.2-mile radius to 7.7 miles
northwest of the airport. This Class E Surface Area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *

    Issued in Fort Worth, TX, on September 12, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E8-22433 Filed 9-23-08; 8:45 am]

BILLING CODE 4910-13-P