[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Proposed Rules]
[Pages 7433-7435]
[FR Doc No: 2018-03411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1145; Airspace Docket No. 17-AWP-19]

Proposed Amendment of Class E Airspace; Kamuela, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E surface area airspace
and Class E airspace extending upward from 700 feet above the surface
at Waimea-Kohala Airport, Kamuela, HI. The part-time Notice to Airmen
(NOTAM) status would be removed from Class E surface area airspace,
references to the Kamuela VOR/DME would be removed from all associated
Class E airspace areas, and airspace boundaries would be modified to
only that area necessary to contain instrument flight rules (IFR)
operations at the airport. Airspace redesign is necessary as the FAA
transitions from ground-based to satellite-based navigation for the
safety and management of the national airspace system. Also, an
editorial change would be made removing the airport name and replacing
it with the city in the airspace designators for the above airspace
areas.

DATES: Comments must be received on or before April 9, 2018.

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; telephone: 1
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-1145; Airspace Docket No. 17-AWP-19, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW, Renton, WA 98057; 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 Class E airspace at Waimea-Kohala Airport, Kamuela,
HI, to accommodate airspace redesign in support of IFR operations at
the 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 (Docket No. FAA-
2017-1145; Airspace Docket No. 17-AWP-19) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for address
and phone number).

    Persons 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-2017-1145; Airspace Docket No. 17-AWP-19.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this 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 http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://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 between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays, at the
Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Center,
Operations Support Group, 1601 Lind Avenue SW, Renton, WA 98057.

Availability and Summary of Documents for Incorporation by Reference

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

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by removing the part-time NOTAM status of
Class E surface area airspace and defining its boundaries with
reference to the Waimea-Kohala Airport, Kamuela, HI (instead of the
Kamuela VOR/DME). Class E airspace would extend upward from the surface
within the 4.3-mile radius of Waimea-Kohala Airport, and within 2.4
miles north and 1.8 miles south of the 069[deg] bearing from the
airport extending from the 4.3-mile radius to 7.3 miles east of the
airport (from 1.8 miles northwest of and 2.6 miles southeast of the
Kamuela VOR 063[deg] radial, extending from the 4.3-mile radius to 7.8
miles northeast of the Kamuela VOR/DME).
    Class E airspace extending upward from 700 feet above the surface
would be modified to within a 4.3-mile radius of Waimea-Kohala Airport
(from a 6.4-mile radius) and within 4.1 miles each side of the 069[deg]
bearing from the airport extending from the 4.3-mile radius to 12.8
miles east of the airport, and within 1.3 miles each side of the
244[deg] bearing from the airport extending from the 4.3-mile radius to
5.8 miles southwest of the airport (from 2 miles each side of the
Kamuela VOR/DME 068[deg] radial, extending from the 6.4-mile radius
12.6 miles northeast of the Kamuela VOR/DME, and within 2 miles each
side of the Kamuela VOR/DME 246[deg] extending from the 6.4-mile radius
to 13.4 miles southwest of the Kamuela VOR/DME). This airspace redesign
would expand the airspace areas slightly northeast and reduce the
airspace from southeast clockwise to north to only that area necessary
to contain IFR operations at the airport.
    Additionally, an editorial change would be made replacing Waimea-
Kohala Airport, HI, with Kameula, HI, in the airspace designation of
the above classes of airspace to comply with a recent change to FAA
Order 7400.2L, Procedures for Handling Airspace Matters, dated October
12, 2017.
    Class E airspace designations are published in paragraph 6002, and
6005, respectively, of FAA Order 7400.11B, dated August 3, 2017 and
effective September 15, 2017, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in the Order.

Regulatory Notices and Analyses

    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, 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 proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

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 Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AWP HI E2 Kamuela, HI [Amended]

Waimea-Kohala Airport, HI
    (Lat. 20[deg]00'05'' N, long. 155[deg]40'05'' W)

    That airspace extending upward from the surface within a 4.3-
mile radius of Waimea-Kohala Airport, and within 2.4 miles north and
1.8 miles south of the 069[deg] bearing from the airport extending
from the 4.3-mile radius to 7.3 miles east of the airport.

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

* * * * *

AWP HI E5 Kamuela, HI [Amended]

Waimea-Kohala Airport, HI
    (Lat. 20[deg]00'05'' N, long. 155[deg]40'05'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of Waimea-Kohala Airport, and within 4.1
miles each side of the 069[deg] bearing from the airport extending
from the 4.3-mile radius to 12.8 miles east of the airport, and
within 1.3 miles each side of the 244[deg] bearing from the airport
extending from the 4.3-mile radius to 5.8 miles southwest of the
airport.

    Issued in Seattle, Washington, on February 7, 2018.
B.G. Chew,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-03411 Filed 2-20-18; 8:45 a.m.]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Notices]
[Pages 70866-70868]
[FR Doc No: 2012-28679]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68267; File No. SR-Phlx-2012-133]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change, as Modified
by Amendment No. 1, To Amend Rule 3218

November 20, 2012.
    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 November 15, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or the
``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 Phlx. On November 15, 2012,
Phlx filed Amendment No. 1 to the proposed rule change.\3\ Phlx filed
the proposal pursuant to Section 19(b)(3)(A) \4\ and Rule 19b-4(f)(6)
\5\ thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Phlx deleted ``October ----, 2012'' and
inserted ``November 1, 2012'' on page 9 of 19 of the original
filing, concerning when Phlx provided the Commission with written
notice of the proposed rule change.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx is filing this proposed rule change to amend Rule 3218. The
text of the proposed rule change is below. Proposed new language is
italicized; proposed deletions are in brackets.

3218. Clearance and Settlement

    (a) All transactions through the facilities of PSX shall be
cleared and settled through a registered clearing agency using a
continuous net settlement system. This requirement may be satisfied
by direct participation, use of direct clearing services, [or] by
entry into a correspondent clearing arrangement with another member
organization that clears trades through such a[n]clearing agency[.],
or by use of the services of CDS Clearing and Depository Services,
Inc. in its capacity as a member of such a clearing agency.
    (b) No change.

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

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

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

1. Purpose
    Phlx proposes to modify Rule 3218 to clarify that the use of a
long-standing arrangement between National Securities Clearing
Corporation (``NSCC'') and CDS Clearing and Depository Services, Inc.
(``CDS'') \6\ for clearing transactions in US securities provides an
acceptable method for clearing transactions executed on Phlx's NASDAQ
OMX PSX trading system (``PSX''). Among other things, CDS operates
Canada's national clearance and settlement operations for cash equities
trading, performing a role analogous to NSCC in the US. CDS is
regulated by the Ontario and Quebec securities commissions and the Bank
of Canada, with working and reporting relationships with the Canadian
Securities Administrators (CSA), other Canadian provincial securities
commissions, and the Canadian Office of the Superintendent of Financial
Institutions. CDS is also a full service member of NSCC and a
participant in the Depository Trust Company (``DTC'').
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    \6\ CDS was formerly known as The Canadian Depository for
Securities Limited.
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    Currently, a Canadian broker-dealer seeking to buy or sell US
securities may do so through a US registered broker-dealer with which
it establishes a relationship for that purpose. In such a relationship,
the US broker-dealer manages the clearance and settlement of the
resulting trades, either through direct membership at NSCC or
indirectly through a clearing broker with which it has established a
relationship. Under the proposed change, a Canadian broker-dealer that
is a member of CDS may make use of CDS, and its direct membership in
NSCC, to clear and settle the resulting trades. Specifically, the
clearing report for the trade will ``lock in'' CDS, with reference to
the CDS membership of the Canadian broker-dealer, as a party to the
trade.\7\ NSCC then looks to CDS for satisfaction of clearance and
settlement obligations of the Canadian broker-dealer. NSCC requires CDS
to commit collateral to the NSCC clearing fund like any other NSCC
member, the amount of which is based on a risk-based margining
methodology. In a similar manner, CDS requires its participants to
commit collateral to CDS. The sole risk incurred by Phlx and then by
NSCC in the arrangement is the highly remote risk that CDS itself might
default on its obligations to clear and settle on behalf of the
Canadian broker-dealer. This risk is conceptually indistinguishable
from the risk of a clearing broker default; moreover, because the value
of Canadian trades cleared through the mechanism is likely to be small
in comparison to the values cleared through many large US clearing
brokers, the magnitude of this risk is correspondingly smaller.
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    \7\ As an NSCC member, CDS is responsible for the settling and
clearing of its participants' trades conducted with US broker-
dealers. For purposes of ``locking-in'' parties, certain CDS
participants have discrete NSCC participant codes that identify the
Canadian broker-dealer and its participation in the NSCC/CDS
clearing arrangement. On midnight of T+1, NSCC takes on the buyer's
credit risk and the seller's delivery risk.
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    The relationship between NSCC and CDS was established more than two
decades ago, and various aspects of the relationship have been
recognized through several prior filings \8\ and no-

action letters,\9\ as well as a recent similar filing by The NASDAQ
Stock Market LLC.\10\ A recent description of the parameters of the
relationship may be found in NSCC's Assessment of Compliance with the
CPSS/IOSCO Recommendations for Central Counterparties.\11\ The most
prominent use of the relationship arises under FINRA Rule 7220A, which
allows over-the-counter trades executed on behalf of CDS members to be
reported through the FINRA/NASDAQ Trade Reporting Facility and cleared
through the CDS/NSCC relationship.
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    \8\ See Securities Exchange Act Release No. 36918 (March 4,
1996), 61 FR 9739 (March 11, 1996) (SR-NASD-95-49) (approving access
to Automated Confirmation Transaction Service for CDS members);
Securities Exchange Act Release No. 40523 (October 6, 1998), 63 FR
54739 (October 13, 1998) (approving establishment of a CDS omnibus
account at DTC to facilitate cross-border clearing).
    \9\ See Letter from Dan W. Schneider, Deputy Associate Director,
Commission, to Karen L. Saperstein, Assistant General Counsel, NSCC
(November 26, 1984) (available at 1984 WL 47355) (taking no-action
position with respect to use of CDS and NSCC with respect to
clearing of trades executed on behalf of Canadian broker-dealers on
the Boston Stock Exchange); Letter from Dan W. Schneider, Deputy
Associate Director, Commission, to Karen L. Saperstein, Assistant
General Counsel, NSCC (October 24, 1984) (available at 1984 WL
47356) (taking no-action position with respect to CDS becoming a
member of NSCC).
    \10\ Securities Exchange Act Release No. 66310 (February 2,
2012), 77 FR 6610 (February 8, 2012) (SR-NASDAQ-2012-015).
    \11\ ``Assessment of Compliance with the CPSS/IOSCO
Recommendations for Central Counterparties,'' NSCC (November 14,
2011) (available at http://www.dtcc.com/legal/compliance/NSCC_Self_Assessment.pdf).
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    In order to clearly establish that use of the CDS/NSCC relationship
is a permissible method of clearing transactions executed on PSX, Phlx
is proposing to amend Rule 3218. Currently, the rule provides that
trades must be cleared through a registered clearing agency using a
continuous net settlement (``CNS'') system, and that this requirement
may be satisfied by direct participation, use of direct clearing
services, or by entry into a correspondent clearing arrangement with
another member organization that clears trades through such an
agency.\12\ NSCC is currently the only registered clearing agency using
a CNS system for trades executed on PSX. While it is possible that the
term ``direct clearing services'' could be construed to cover CDS's
participation in NSCC on behalf of its members--because CDS is a direct
member of NSCC for the purpose of providing clearing services to its
members--the term has not previously been construed by Phlx in that
manner. Accordingly, Phlx believes that the clarity of the rule would
be enhanced by directly recognizing the CDS/NSCC relationship in the
rule text. Phlx proposes amending the rule to provide that the rule may
be satisfied through ``use of the services of CDS Clearing and
Depository Services, Inc. in its capacity as a member of such a
clearing agency.'' Whenever a clearing arrangement making use of CDS's
membership in NSCC is established, NSCC will require the Phlx member
organization, the Canadian broker on whose behalf it is acting, CDS,
and Phlx to sign a short agreement, to be addressed to NSCC, in which
the parties acknowledge their use of the CDS/NSCC arrangement.
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    \12\ Phlx is also clarifying Rule 3218 by replacing the term
``member'' with the term ``member organization,'' which refers more
precisely to a registered broker-dealer authorized to trade on PSX.
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2. Statutory Basis
    Phlx believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\13\ in general, and with Section
6(b)(5) of the Act,\14\ in particular, in that the proposal 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 mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Specifically, by allowing
Canadian broker-dealers whose trades are executed on PSX to make use of
the long-standing arrangement between NSCC and CDS for clearing
transactions, Phlx believes that the proposed rule change will directly
foster cooperation and coordination with the two primary North American
cash equities clearinghouses and their respective members, thereby
promoting a free and open market. Because the arrangement between NSCC
and CDS--which has been in place, in varying forms, for over two
decades--includes mechanisms to provide for the collateralization of
the obligations arising thereunder, Phlx believes that the proposed
change is fully consistent with the protection of investors and the
public interest.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    Phlx does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed change
will ensure that Canadian broker-dealers whose trades are executed on
PSX are able to make use of an additional available option for clearing
such transactions, thereby promoting competition with respect to the
availability of clearing services.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6) thereunder
\16\ because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate. 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.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-Phlx-2012-133 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-Phlx-2012-133. 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 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of Phlx and on Phlx's Web site:
http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/pdf/phlx-filings/2012/SR-Phlx-2012-133.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-Phlx-2012-133
and should be submitted on or before December 18, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28679 Filed 11-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26921-26922]
[FR Doc No: 2015-11280]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    .Docket Numbers: EC15-132-000.
    Applicants: Georgia Power Company.
    Description: Application under Section 203 of Georgia Power
Company.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5472.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: EC15-133-000.
    Applicants: Duquesne Conemaugh, LLC, Duquesne Keystone, LLC, Chief
Keystone Power, LLC, Chief Conemaugh Power, LLC.
    Description: Joint Application for Authorization for Disposition
and Consolidation of Jurisdictional Facilities and Acquisition of
Existing Generation Facilities and Request for Expedited Action of
Duquesne Keystone, LLC, et al.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5474.
    Comments Due: 5 p.m. ET 5/22/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2984-020.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Notice of Non-Material Change in Status of Merrill
Lynch Commodities, Inc.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5468.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER13-2477-007; ER15-1608-001; ER15-1607-001; ER15-
1606-001; ER15-1605-001; ER15-1604-001; ER15-1603-001; ER15-1602-001;
ER15-1600-001; ER15-1599-001; ER15-1598-001; ER15-1597-001; ER15-1596-
001; ER15-1583-001; ER14-924-003; ER14-922-003; ER14-883-004; ER14-
1569-003; ER13-2476-007; ER13-2475-007; ER12-192-010; ER11-4400-005;
ER11-4398-004; ER11-4266-011; ER11-3867-012; ER11-3866-012; ER11-3859-
012; ER11-3857-012; ER10-3247-010; ER10-2619-005; ER10-2617-005; ER10-
2616-008; ER10-2613-005; ER10-2593-003; ER10-2590-003; ER10-2585-005.
    Applicants: Brayton Point Energy, LLC, Casco Bay Energy Company,
LLC, Dighton Power, LLC, Dynegy Commercial Asset Management, LLC,
Dynegy Conesville, LLC, Dynegy Dicks Creek, LLC, Dynegy Energy Services
(East), LLC, Dynegy Energy Services, LLC, Dynegy Fayette II, LLC,
Dynegy Hanging Rock II, LLC, Dynegy Kendall Energy, LLC, Dynegy Killen,
LLC, Dynegy Lee II, LLC, Dynegy Marketing and Trade, LLC, Dynegy Miami
Fort, LLC, Dynegy Midwest Generation, LLC, Dynegy Moss Landing, LLC,
Dynegy Oakland, LLC, Dynegy Power Marketing, LLC Dynegy Resources
Management, LLC, Dynegy Stuart, LLC, Dynegy Washington II, LLC, Dynegy
Zimmer, LLC, Electric Energy, Inc., Elwood Energy LLC, Illinois Power
Generating Company, Illinois Power Marketing Company, Illinois Power
Resources Generating, LLC, Kincaid Generation, L.L.C., Lake Road
Generating Company, L.P., Liberty Electric Power, LLC, MASSPOWER,
Milford Power Company, LLC, Ontelaunee Power Operating Company, LLC,
Richland- Stryker Generation LLC, Sithe/Independence Power Partners,
L.P.
    Description: Notification of Change in Status of the Dynegy Inc.
MBR Sellers under ER13-2477, et al.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5350.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-506-002.
    Applicants: DeSoto County Generating Company, LLC.
    Description: Compliance filing per 35: Compliance Filing to be
effective 12/1/2014.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5161.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-572-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing per 35: NY Transco cmplnc re: cost
allocation--transmission facilities & formula rates to be effective 4/
3/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5051.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1065-000.
    Applicants: Balko Wind, LLC.
    Description: Clarifications in Support of Market-Based Rate Tariff
Filing and as supplemented of Balko Wind, LLC.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5067.
    Comments Due: 5 p.m. ET 5/11/15.
    Docket Numbers: ER15-1066-001.
    Applicants: Red Horse Wind 2, LLC.
    Description: Clarifications in Support of Market-Based Rate Tariff
Filing and as supplemented of Red Horse Wind 2, LLC.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5069.
    Comments Due: 5 p.m. ET 5/11/15.

    Docket Numbers: ER15-1429-001.
    Applicants: Emera Maine.
    Description: Compliance filing per 35: Amendment to Application,
Errata to be effective 7/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5338.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1475-001.
    Applicants: North Star Solar, LLC.
    Description: Tariff Amendment per 35.17(b): Amendment to Initial
Market-Based Rate Application to be effective 4/9/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5433.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1653-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
2829R1 Midwest Energy & Westar Energy Meter Agent Agreement to be
effective 4/1/2015.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5430.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1654-000.
    Applicants: Eagle Point Power Generation LLC.
    Description: Initial rate filing per 35.12 Tenant-In-Common
Agreement to be effective 4/2/2012.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5434.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1655-000.
    Applicants: Sierra Pacific Power Company.
    Description: Initial rate filing per 35.12 Service Agreement No.
07-00023 SPPC-Shell-Barrick-Turquoise to be effective 1/1/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5001.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1656-000.
    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance Filing for Order No. 1000, Regarding
Interregional Coordination and Cost Allocation of Transmission Projects
with NorthWestern Corporation and the Mid-Continent Area Power Pool of
Midcontinent Independent System Operator, Inc.
    Filed Date: 5/1/15.
    Accession Number: 20150501-5476.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1657-000.
    Applicants: SEPG Energy Marketing Services, LLC.
    Description: Initial rate filing per 35.12 Market-Based Rate
Application to be effective 7/6/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5092.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1658-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Second Revised Service Agreement No. 3665; Queue No. AA1-084 to be
effective 4/2/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5102.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1659-000.
    Applicants: Quantum Choctaw Power, LLC.
    Description: Tariff Withdrawal per 35.15: Quantum Choctaw Power
Notice of Cancellation of Market-Based Rate Tariff to be effective 5/5/
2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5114.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1660-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination--Brookfield
White Pine Hydro LLC.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5146.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1661-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Notice of Termination of the Wholesale Distribution
Service Agreement No. 1949 of Midcontinent Independent System Operator,
Inc.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5149.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1662-000.
    Applicants: Rocky Road Power, LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Market-Based Tariff Revisions to be effective 5/5/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5159.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1663-000.
    Applicants: Tilton Energy, LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Market-Based Rate Tariff to be effective 5/5/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5160.
    Comments Due: 5 p.m. ET 5/26/15.

    Docket Numbers: ER15-1664-000.
    Applicants: AEP Texas North Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): TNC-
OCI Alamo 7 Interconnection Agreement to be effective 4/9/2015.
    Filed Date: 5/4/15.
    Accession Number: 20150504-5187.
    Comments Due: 5 p.m. ET 5/26/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: May 4, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-11280 Filed 5-8-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Rules and Regulations]
[Pages 161-166]
[FR Doc No: 2014-30836]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 251

[Docket No. DOT-OST-2014-0231]
RIN 2105-AE37

Carriage of Musical Instruments

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Final rule.

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

SUMMARY: The Department of Transportation is issuing a final rule to
implement section 403 of the FAA Modernization and Reform Act of 2012
regarding the carriage of musical instruments as carry-on baggage or
checked baggage on commercial passenger flights operated by air
carriers. This rule responds to difficulties musicians have encountered
when transporting their instruments during air travel.

DATES: Effective Date: This rule is effective March 6, 2015.

FOR FURTHER INFORMATION CONTACT: Clereece Kroha or Blane A. Workie,
Office of the Assistant General Counsel for Aviation Enforcement and
Proceedings, U.S. Department of Transportation, 1200 New Jersey Ave.
SE., Washington, DC 20590,<PHONE_NUMBER> (phone),<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>(email).

SUPPLEMENTARY INFORMATION:

Background

    On February 14, 2012, the FAA Modernization and Reform Act of 2012
(the Act) was signed into law. Section 403 of the Act requires U.S. air
carriers to accept musical instruments on their passenger flights
either as carry-on baggage or checked baggage, provided that certain
conditions are met. The passage of Section 403 is Congress' response to
difficulties musicians have encountered when transporting their
instruments during air travel. The statute directs the Department of
Transportation (Department or DOT) to issue a final rule to implement
the requirements set forth in section 403.
    During the past year, the Department has been engaged in dialogue
with musicians as well as representatives of airlines and industry
associations to address the difficulties musicians face when traveling
by air with musical instruments. In July 2014, DOT Secretary Anthony
Foxx hosted a ``Flying with Musical Instruments'' meeting to provide
airline representatives, musicians, and government officials an
opportunity to exchange ideas on ways to prevent or resolve
difficulties encountered by musicians when flying with their
instruments while still ensuring the safety of passengers and crew. At
the meeting, several members of various musician organizations
described problems that musicians encounter when traveling by air with
their musical instruments, particularly when bringing instruments as
carry-on baggage. Airline representatives in attendance described their
policies for transport of musical instruments as carry-on or checked
baggage. Many airlines have already adopted policies concerning the air
transportation of musical instruments that mirror the requirements in
Section 403 of the Act. The stakeholders recognized that, while most
airlines' current policies regarding musical instruments are consistent
with the statute, frontline customer service agents and flight crew may
not always be well-versed in those policies and may not communicate
those policies accurately and effectively to musicians. By the same
token, the meeting attendees also agreed that many musicians were not
very well informed about airline policies regarding transporting
musical instruments or about the measures they can take to

better prepare themselves to ensure that the transport goes smoothly.
    Since then, the stakeholders have voluntarily taken certain steps
to better understand the extent of the problem and prevent or minimize
confusion over musical instruments as carry-on baggage. The American
Federation of Musicians (AFM) has shared with the airline industry a
survey it conducted among its members that identified problematic areas
when traveling by air with instruments. Airlines for America (A4A), the
trade organization for major U.S. airlines, established a page on its
Web site that provides a summary of member airlines' baggage policy
regarding musical instruments and links to each individual carrier's
Web page for that information. The Department has created a Web page
providing useful tips and information for consumers on how to prepare
for air travel with musical instruments. The Department also convened a
follow-up meeting in September 2014, and may conduct additional such
meetings to further explore problems facing musicians when traveling by
air that are not specifically addressed by the statute. This
cooperation between musician organizations and airline representatives
as a parallel approach to the Department's rulemaking may achieve the
optimal result of ensuring the safe transport of musical instruments by
air and increasing efficiency and customer satisfaction.

Provisions of the Final Rule

Covered Entities and Flights

    Section 403 of the Act covers ``[a]n air carrier providing air
transportation.'' According to the definition in 49 U.S.C. 40102(a)(2),
``air carrier'' means a citizen of the United States undertaking by any
means, directly or indirectly, to provide air transportation. 49 U.S.C.
40102(a)(5) provides that ``air transportation'' includes foreign air
transportation or interstate air transportation. Those terms in turn
are defined in 49 U.S.C. 40102(a) to mean the transportation of
passengers or property by aircraft as a common carrier for
compensation. Thus, this final rule implementing Section 403 covers all
U.S. certificated and commuter carriers, as well as air taxis operating
under exemption authority, that provide air transportation to the
public directly, regardless of the size of the aircraft they operate,
and all indirect carriers such as public charter operators. It covers
the scheduled and charter flights operated by these carriers in
domestic or international air transportation. This final rule covers
public charter operators only to the extent the public charter operator
at issue handles checked and carry-on baggage acceptance for the
flight. In this situation, if the carriage of a musical instrument is
consistent with the Federal Aviation Administration (FAA)-approved
carry-on baggage or checked baggage program of the direct air carrier
operating a public charter flight and there is room for the instrument
at the time the passenger in question attempts to board, the public
charter operator must accept the instrument as carry-on or checked
baggage as appropriate.

Transport of Small Instruments as Carry-On Baggage

    This rule requires that carriers must allow a passenger to carry
into the cabin and stow a small musical instrument, such a violin or a
guitar, in a suitable baggage compartment, such as the overhead bin or
under the seats in accordance with FAA safety regulations. The FAA
regulations require each carrier holding a Part 121 or Part 135
operating certificate to ensure that carry-on baggage is carried on
board in accordance with an FAA-approved carry-on baggage program. See
14 CFR 121.285, 121.589, and 135.87. Further, in Advisory Circular (AC)
121-29B, FAA provides 11 categories of information that a carrier's
carry-on baggage program must address, including a description of
procedures a carrier will follow for stowage of ``unusual or fragile
items'' (See AC 121-29B Section 4(e)(3)). Although not specifically
referring to musical instruments, we believe this section is applicable
to the transport of musical instruments as they tend to fall into the
category of ``unusual or fragile items'' due to their size, shape, and
nature. Section 4(e)(3) provides that if the crew cannot check or stow
an unusual or fragile item in a manner that ensures the safety of the
aircraft and its occupants, the passenger will have to ship that item
by some other means. In complying with this final rule and accepting a
passenger's musical instrument as carry-on baggage for stowage in an
approved compartment or other specifically approved area in the cabin
(e.g., the overhead bin or under seats), we expect carriers to continue
to follow their FAA-approved carry-on baggage programs to ensure the
safety of the flight and the passengers and crew onboard. In addition,
carriers should adequately inform passengers and the public about the
limitations and restrictions imposed by these programs.
    Section 403 of the Act and this final rule provide that carriers
are required to allow passengers to stow their musical instruments in
an approved stowage area in the cabin only if at the time the passenger
boards the aircraft such stowage space is available. With the exception
of certain disability assistance devices, overhead bins or under seat
stowage space is available to all passengers and crew members for their
carry-on baggage on a ``first come, first served'' basis. Accordingly,
carriers are not required to remove other passengers' or crew members'
carry-on baggage that is already stowed in order to make space for a
musical instrument. However, this also means carriers are not allowed
to require a passenger to remove his or her musical instrument that is
already safely stowed (e.g., in the overhead bin) to make room for
carry-on baggage of other passengers who boarded the aircraft later
than the passenger with the musical instrument. This is true even if
the space taken by the musical instrument could accommodate one or more
other carry-on items. Because the rule does not require that musical
instruments be given priority over other carry-on baggage, we encourage
passengers traveling with musical instruments to take steps to board
before as many other passengers as possible to ensure that space will
be available for them to safely stow their instruments in the cabin.
This includes utilizing pre-boarding opportunities that some carriers
offer (usually for a fee).
    This rule also states that carriers are prohibited from charging
passengers with a musical instrument as carry-on baggage an additional
fee other than any standard fee carriers impose for carry-on baggage.
By including such a requirement in the statute, Congress clearly meant
to require carriers to treat musical instruments in the cabin as no
different from other carry-on baggage. For example, many carriers' FAA-
approved carry-on baggage programs permit one piece of carry-on baggage
plus one personal item such as a purse or a briefcase. If the passenger
with the musical instrument already has these two standard items and
the musical instrument is the third carry-on item, that carrier may not
permit the passenger to board the aircraft with a third carry-on item.
As per Federal Aviation Regulations, no air carrier may allow a
passenger to board the aircraft with more carry-on items than allowed
in that carrier's FAA-approved carry-on baggage program. Any fees
imposed by a carrier for any piece of carry-on baggage is also
applicable to a musical instrument carried onboard. This would include
a situation where a carrier's FAA-approved carry-on baggage program
allows each passenger two

pieces of carry-on baggage but the airline charges a fee for a second
piece. If a passenger with a musical instrument already has one piece
of (free) carry-on baggage, the airline is permitted to charge its
standard fee for a second piece of carry-on baggage even if the second
piece is a musical instrument.

Transporting Large Instruments as Carry-On Baggage

    For some musical instruments that are too large to fit in the cabin
stowage areas described in the carrier's FAA-approved carry-on baggage
program (e.g., an overhead bin or under a seat), it is sometimes
possible to secure them to a seat as ``seat baggage'' or ``cargo in
passenger cabin'' as regulated by 14 CFR 121.285. As FAA Advisory
Circular 121-29B: Carry-On Baggage (AC121-29B) and relevant FAA safety
regulations do not mandate that a carrier must allow in their carry-on
baggage programs the stowage of a large carry-on item on a passenger
seat, we do not require in this final rule that those carriers whose
programs do not provide such stowage amend their programs to allow it.
    We do, however, encourage these carriers to consider modifying
their programs to allow the stowage of large musical instruments at
passenger seats, provided that all safety requirements are met. Some of
the safety requirements have already been incorporated in Section 403
and this final rule, such as the requirement that the instrument must
be contained in a case or covered as to avoid injury to other
passengers, and the requirement that the instrument including the case
or covering cannot exceed 165 pounds or the applicable weight
restriction for the aircraft. Other safety requirements contained in
FAA regulations that carriers must follow when transporting a musical
instrument at a seat include that the item is restrained to the inertia
forces in 14 CFR 25.561; it is properly secured by a safety belt or
other tie down having enough strength to eliminate the possibility of
shifting under all normally anticipated flight and ground conditions;
it does not impose any load on seats or the floor structure that
exceeds the load limitation for those components; its location does not
restrict access to or use of any required emergency or regular exit, or
of the aisle in the passenger compartment; and its location does not
obscure any passenger's view of the ``seat belt'' sign, ``no smoking''
sign, or required exit sign, unless an auxiliary sign or other approved
means for proper notification of the passenger is provided. See 14 CFR
121.285(c) and 14 CFR 135.87(c). Also, when assigning a seat that will
be used to transport a musical instrument as cargo in the passenger
cabin, carriers must not assign a seat where the instrument may obscure
other passengers' view of safety signs that are required to remain
visible. In the event a passenger purchases a seat for his or her
musical instrument and it is later discovered that the location of the
assigned seat is such that the musical instrument may obscure other
passengers' view of the ``seat belt'' sign, ``no smoking'' sign, or
required exit signs, carriers should work with the passenger to
determine if any other available seat in that class of service can
safely accommodate the musical instrument.
    Because carriers must comply with a number of safety requirements,
we encourage passengers purchasing a seat for a large musical
instrument to provide advance notice to the carrier that the seat is
being purchased to transport an instrument and to follow that carrier's
policies regarding the transportation of the musical instrument in the
cabin. Carriers whose carry-on baggage programs allow such stowage
should ensure that their reservation agents and airport agents are
trained to provide appropriate seat assignments to the passenger and
the instrument to ensure compliance with safety requirements, and that
their crews are trained and have the appropriate restraining device for
securing the instrument to the seat.
    With respect to the cost to a passenger to transport a musical
instrument on a passenger seat, assuming all of the safety requirements
are met, carriers cannot charge the passenger more than the price of a
ticket for the additional seat--for example, by adding on a fee
specifically for transporting a musical instrument. However, this does
not preclude carriers from charging standard ancillary service fees.
For example, to the extent carriers charge a fee for an advance seat
assignment, and the passenger requests advance seat assignments for him
or herself and for the instrument, the carrier may charge the advance
seat assignment fee for each seat assignment.

Transporting Large Instruments as Checked Baggage

    As mandated by the Act, this rule requires carriers to accept
musical instruments in the cargo compartment as checked baggage if
those instruments comply with the size and weight limitations provided
in Section 403 and FAA's safety regulations. As Section 403 is silent
on the charges carriers may impose on transporting musical instruments
in the cargo compartment, and we recognize that carriers' cost in
transporting baggage and cargo is directly related to its size and
weight, consistent with the clear intent of the Act, we conclude that
carriers may impose the same checked-baggage charges that apply to
other checked baggage of that size and weight. If a musical instrument
exceeds the size or weight limits in the carrier's free baggage
allowance but does not exceed the size or weight limits of Section 403,
the carrier may assess the same over-size and over-weight charges that
are applicable to other checked baggage that is over-size or over-
weight.

Good Cause for Issuing Rule Without Prior Notice and Comment

    Section 553 of the Administrative Procedure Act (5 U.S.C. 553)
provides that when an agency, for good cause, finds that notice and
public procedure are impractical, unnecessary, or contrary to the
public interest, the agency may issue a final rule without providing
notice and an opportunity for public comment (5 U.S.C. 553(b)(B)). The
Department has determined that there is good cause to issue this final
rule without notice and an opportunity for public comment because such
notice and comment would be unnecessary. This rule implements Section
403 of the FAA Modernization and Reform Act by incorporating the
statutory language virtually verbatim and without interpretation. Since
the Department is exercising no discretion in issuing this rule, public
comment is unnecessary.

Regulatory Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    The Department has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, and
within the meaning of the Department of Transportation's regulatory
policies and procedures. The Department is issuing a final rule to
implement section 403 of the FAA Modernization and Reform Act of 2012
(Pub. L. 112-95, 49 U.S.C. 41724) regarding the carriage of musical
instruments as carry-on baggage or checked baggage on commercial
passenger flights operated by air carriers. In this section, we present
information on current carrier policies about transporting musical
instruments, provide data on various categories of beneficiaries from
the rule, and estimate the costs to U.S. carriers to modify or develop
instrument policies that comply with rule requirements.

Current Carrier Policies
    Currently, most large U.S. carriers post specific policies on
musical instrument carriage on their Web sites. We reviewed these
policies and found that the specific size (length plus width plus
height) and weight limitations for instruments carried as checked
baggage vary substantially among carriers with published policies. Some
carriers have maximum case size limits--typically combined dimensions
of 115'', although one carrier allows cases with maximum dimensions of
126''. The threshold size for oversized baggage charges varies from
62'' to 90'', depending on the carrier. Maximum weight limits for
checked baggage also vary from 70 to 100 pounds among large U.S.
carriers with stated weight limits. However, there are several carriers
that post policies without specified limits on case size or weight.
    Case dimensions and instrument plus case weights were compiled from
Amazon.com and other Web sites to assess the extent to which current
policies would potentially bar musicians from traveling with certain
types of instruments. Hard cases for tubas exceed the 90'' combined
dimensions, a threshold at which some carriers charge for oversize
baggage, but they are typically under the 115'' size that some carriers
have established as the current maximum allowable size for checked
baggage. Cases for (stringed) double basses are larger than the 115''
size limit, and these instruments may also be sufficiently large to
preclude them from being flown as carry-on baggage in a separately
purchased seat. It therefore appears that nearly all large U.S.
carriers would need to modify their current instrument transport
policies to take into account the Act's and rule's requirements.
    While individual musicians and smaller groups are likely to travel
most frequently on scheduled flights, larger ensembles and orchestras
may find it more efficient to travel together on chartered flights.
None of the largest U.S. charter carriers post specific policies about
musical instruments or, for the most part, general baggage policies, on
their Web sites.
Benefits
    Beneficiaries of the rule would include professional and amateur
musicians who travel with instruments, particularly large instruments
that may be subject to more restrictive transportation limits under
current carrier policies. Increased ability of these musicians to
travel with their instruments could also potentially benefit owners and
employees of establishments hosting musical events and people who
attend events at which these musicians would be more likely to be able
to play.
    Estimates of the numbers of professional musicians employed by
others are available from the May 2013 BLS Occupational Employment
Survey (OES), the 2012 Economic Census, and the 2011 Statistics of U.S.
Business (SUSB). The May 2013 OES data indicate that there were 39,260
professional musicians and singers with mean hourly wage of $32.10.
Wage data from the OES and payroll data from the OES Census and SUSB
are consistent with a daily wage of between $211 and $257, assuming
that the average musician performs approximately 180 days annually.
Aggregate earnings for professional musicians employed by others are
estimated at about $1.5 billion annually. It would be reasonable to
assume that professional musicians travel by air at the same rate as
the general flying public--an average of 1-2 round trips per year--but
there are no data on the distribution of instruments that musicians
currently transport or would like to be able to transport on these
trips.\1\
---------------------------------------------------------------------------

    \1\ It is likely that musicians with relatively compact
instruments--e.g., violins, woodwinds--encounter fewer difficulties
in transporting instruments by air than do those who play larger
instruments, particularly acoustic guitars, cellos, string basses,
and tubas. We have assumed for this analysis that the rule
requirements would not be sufficient to facilitate air
transportation of especially large or heavy instruments such as
harps, vibraphones, and tympani.
---------------------------------------------------------------------------

    A broader measure of the number of professional musicians is
available from the Current Population Survey (CPS), which includes
self-employed and part-time workers in its estimate of ``musicians,
singers, and related workers.'' Assuming that the share of related
workers (music composers and directors) is the same as in the OES data,
there were approximately 127,000 employed musicians in 2013.
    The monetary value of the benefit that a professional musician
would receive from consistent carrier policies that comply with the
rule could not be estimated. This value depends on at least three
factors that could not be quantified:
    1. The distribution of instrument played by professional musicians.
    2. The extent to which musicians currently encounter difficulties
in carrying or checking instruments on the carriers and routes he or
she wishes to travel on.
    3. The extent to which any loss of income from not being able to
perform at events that require air travel could be mitigated by
additional performances at destinations or facilities for which
instrument transportation is not a problem.
    Amateur musicians would also benefit from the proposed rule. This
group includes a large number of school age children and their music
teachers. School age children who play instruments could reasonably be
expected to travel with them if possible--both to perform at out-of-
town events and on trips to visit family members. The National Center
for Education Statistics Schools and Staffing Survey (SASS) estimates
that there were nearly 117,000 public school teachers whose primary
assignment was music instruction during the 2011-2012 school year. The
number of children who play musical instruments was estimated by
assuming that half of these teachers are instrumental music teachers
and that each of them teaches an average of 100 students each week.
Under these assumptions, there are approximately 5.8 million school age
children who play musical instruments.\2\ However, it is not possible
to monetize the value of the additional practice and performance time
that school age musicians may be able to have if their ability to
transport instruments by air is enhanced under the rule requirements.
---------------------------------------------------------------------------

    \2\ This estimate does not include private school students and
children who receive private group or individual lessons but do not
have instrumental music classes in public schools. It also does not
take into account the proportion of students who play piano and
other instruments that carriers would not be responsible for
transporting under the rule.
---------------------------------------------------------------------------

Costs
    The rule would require most covered carriers with specific policies
about transportation of musical instruments to modify these policies to
comply with the rule requirements; update written, electronic, and
phone guidance provided to customers; and ensure that gate agents,
flight crews, and baggage handlers are aware of these requirements.
Covered carriers that do not currently have policies for the
transportation of musical instruments would have to develop policies
that comply with the rule requirements; prepare materials on these
policies in written and electronic form; and train employees about
these requirements.
    Carriers routinely update their baggage fees and policies, as well
as other aspects of their customer service plans. Costs for developing
or revising customer service plans (CSPs) were estimated for a 2011
rule (``Enhancing Airline Passenger Protections II''). The

accompanying regulatory evaluation estimated that it would cost large
carriers with existing service plans an average of $35,000 to develop
compliant CSPs. Per-firm costs for smaller carriers--many of which did
not have formal CSPs at the time the rule was promulgated--were
estimated at about $4,000 per firm. Based on tabulations from the BTS
T-100 data for 2013 and our review of carrier Web site information,
there are 12 large carriers that currently have specific musical
instrument carriage plans and 86 other U.S. carriers that have less
specific or no specific policies about transporting musical
instruments. Using the per-carrier cost estimates from the previous
regulatory evaluation, modifying or developing musical instrument
carriage policies is expected to cost about $732,000.
    Counter agents, gate agents, and baggage acceptance personnel will
need to be informed of the new requirements, and periodic reminders or
audits may need to be conducted to ensure compliance with compliant
musical instrument transportation policies. Because only larger
carriers are required to file employment information with the BTS on
form P-10, data on industry employment was obtained from the 2013 BLS
OES. Four categories of employees appear to be most likely to require
training on compliant musical instrument transportation policies:

 Baggage and gate operations managers
 Counter and gate agents
 First-line supervisors of these agents
 Baggage acceptance clerks and handlers

However, each of these groups of employees is included within a more
general occupational category of employees, most of whom would not
require specific training or communication about modified or newly
developed musical instrument policies. Based on experience from
previous regulatory evaluations, Econometrica developed estimates of
the share of each of the four relevant categories of employees from the
OES data who would need training. Each of these employees was assumed
to require an average of 1 hour of training annually to ensure that
they understand and comply with the rule requirements. Training time
was valued at the average annual wage rates for each of these four
labor categories.\3\
---------------------------------------------------------------------------

    \3\ Flight attendants may also need to receive some
communication and training about the modified or newly developed
policies. However, the 2013 OES data do not report the number of
flight attendants or their average hourly wage rates.
---------------------------------------------------------------------------

    Based on the calculations shown in the table below, we estimate
that the annual cost of this training for 98 affected U.S. carriers
would be $474,000.

                             Table--Estimated Annual Training Cost for U.S. Carriers
----------------------------------------------------------------------------------------------------------------
                                                  Percent with
                                     Total          passenger        Employees                        Annual
   BLS occupational category       employees    baggage handling     requiring      Hourly wage    training cost
                                                responsibilities    training *                          **
----------------------------------------------------------------------------------------------------------------
General and Operations                  11,110               10            1,111          $55.34         $61,483
 Managers.....................
Reservation Agents and Ticket           88,390               20           17,678           17.77         314,138
 Clerks.......................
First-Line Supervisors........           9,820               10              982           26.58          26,102
Laborers and Material Movers..          22,880               20            4,576           15.80          72,301
                               ---------------------------------------------------------------------------------
    Total.....................         132,200  ................          24,347  ..............         474,023
----------------------------------------------------------------------------------------------------------------
* Econometrica, Inc. estimates.
** Assumes one hour of training per employee required annually.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities.
However, when notice and comment rulemaking is not necessary, the
provisions of the Regulatory Flexibility Act do not apply.
Nevertheless, the Department has evaluated the effects of this action
on small entities and has determined that the action will not have a
significant economic impact on a substantial number of small entities.
The regulatory requirements imposed by this final rule cover some small
entities, but the requirements will not have a significant impact on
them because the rule does not require any carrier to modify its FAA-
approved carry-on baggage program if that program does not already
provide for accepting musical instruments as ``cargo in passenger
compartment'' and to be stowed in a passenger seat. Further, the
additional requirements of the rule, such as transporting small musical
instruments on the same terms as other carry-on bags, and transporting
large musical instruments in seats or as checked baggage for the same
fees that are charged to other passengers, do not impose significant
costs on carriers. There may also be costs associated with training
airline personnel to ensure that they understand these requirements and
adhere to them but these costs are not significant. For these reasons,
I hereby certify that this rule will not have a significant economic
impact on a substantial number of small entities.

C. Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not include any provision that: (1) Has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government; (2) imposes
substantial direct compliance costs on State and local governments; or
(3) preempts State law. States are already preempted from regulating in
this area by the Airline Deregulation Act, 49 U.S.C. 41713. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.

D. Executive Order 13084

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
Tribal governments or impose substantial direct compliance costs on
them, the

funding and consultation requirements of Executive Order 13084 do not
apply.

E. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this
action pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.) and has determined that it is categorically
excluded pursuant to DOT Order 5610.1C, Procedures for Considering
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of a categorical exclusion, the
agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS. Id.
Paragraph 4.c.6.i of DOT Order 5610.1C covers ``actions relating to
consumer protection, including regulations.''. The purpose of this
rulemaking is to implement regulations regarding the carriage of
musical instruments as carry-on baggage or checked baggage on
commercial passenger flights operated by air carriers. The Department
does not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.

F. Paperwork Reduction Act

    This final rule does not contain any new information collection and
therefore is not subject to the Paperwork Reduction Act of 1995 (Pub.
L. 104-13, 49 U.S.C. 3501 et seq.).

G. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this rule.

    Issued this 29th day of December 2014, in Washington, DC.
Anthony R. Foxx,
Secretary of Transportation.

List of Subjects in 14 CFR Part 251

    Air carriers, Consumer protection.

    For the reasons set forth in the preamble, the Department amends 14
CFR Chapter II by adding a new part 251 to read as follows:

PART 251--CARRIAGE OF MUSICAL INSTRUMENTS

Sec.
251.1 Definitions.
251.2 Applicability.
251.3 Small musical instruments as carry-on baggage.
251.4 Large musical instruments as carry-on baggage.
251.5 Large musical instruments as checked baggage.

    Authority: 49 U.S.C. 41724.

Sec.  251.1  Definitions.

    As used in this part:
    Certificated air carrier means a U.S. carrier holding a certificate
issued under 49 U.S.C. 41102 to conduct passenger service or holding an
exemption to conduct passenger operations under 49 U.S.C. 40109.
    Commuter air carrier means a U.S. carrier that has been found fit
under 49 U.S.C. 41738 and is authorized to carry passengers on at least
five round trips per week on at least one route between two or more
points according to a published flight schedule using small aircraft as
defined in 14 CFR 298.2.
    Covered carrier means a certificated carrier, a commuter carrier,
an air taxi, or a U.S. indirect carrier operating to, from, or within
the United States, conducting scheduled passenger service or public
charter service.
    FAA means the Federal Aviation Administration, an operating
administration of the Department of Transportation.
    Indirect carrier means a person not directly involved in the
operation of an aircraft who sells air transportation services to the
general public other than as an authorized agent of a carrier.

Sec.  251.2  Applicability.

    This part applies to U.S. certificated air carriers, U.S. commuter
air carriers, air taxis, and U.S. indirect carriers that operate
passenger service to, from, or within the United States.

Sec.  251.3  Small musical instruments as carry-on baggage.

    Each covered carrier shall permit a passenger to carry a violin,
guitar, or other small musical instrument in the aircraft cabin,
without charging the passenger a fee in addition to any standard fee
that carrier may require for comparable carry-on baggage, if:
    (a) The instrument can be stowed safely in a suitable baggage
compartment in the aircraft cabin or under a passenger seat, in
accordance with the requirements for carriage of carry-on baggage or
cargo established by the FAA; and
    (b) There is space for such stowage at the time the passenger
boards the aircraft.

Sec.  251.4  Large musical instruments as carry-on baggage.

    Each covered carrier shall permit a passenger to carry a musical
instrument that is too large to meet the requirements of Sec.  251.3 in
the aircraft cabin, without charging the passenger a fee in addition to
the cost of an additional ticket described in paragraph (e) of this
section, if:
    (a) The instrument is contained in a case or covered so as to avoid
injury to other passengers;
    (b) The weight of the instrument, including the case or covering,
does not exceed 165 pounds or the applicable weight restrictions for
the aircraft;
    (c) The instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo established by
the FAA;
    (d) Neither the instrument nor the case contains any object not
otherwise permitted to be carried in an aircraft cabin because of a law
or regulation of the United States; and
    (e) The passenger wishing to carry the instrument in the aircraft
cabin has purchased an additional seat to accommodate the instrument.

Sec.  251.5  Large musical instruments as checked baggage.

    Each covered carrier shall transport as baggage a musical
instrument that is the property of a passenger traveling in air
transportation that may not be carried in the aircraft cabin if
    (a) The sum of the length, width, and height measured in inches of
the outside linear dimensions of the instrument (including the case)
does not exceed 150 inches or the applicable size restrictions for the
aircraft;
    (b) The weight of the instrument does not exceed 165 pounds or the
applicable weight restrictions for the aircraft; and
    (c) The instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo established by
the FAA.

[FR Doc. 2014-30836 Filed 1-2-15; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Page 31310]
[FR Doc No: 2021-12293]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9056-9]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed May 28, 2021 10 a.m. EST Through June 7, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210066, Draft, FRA, NY, Western Rail Yard Infrastructure
Project, Comment Period Ends: 07/26/2021, Contact: Andrea E. Poole 202-
493-0624.
EIS No. 20210067, Final, FRA, NJ, Hudson Tunnel Project--Combined Final
Environmental Impact Statement/Record of Decision and Final Section
4(f) Evaluation, Contact: Amishi Castelli<PHONE_NUMBER>. Under 23 U.S.C.
139(n)(2), FRA is issuing a single document that consists of a final
environmental impact statement and record of decision. Therefore, the
review period does not apply.
EIS No. 20210068, Draft, BLM, CA, Whitewater River Groundwater
Replenishment Facility Right of Way Project, Comment Period Ends: 07/
26/2021, Contact: Brandon G. Anderson<PHONE_NUMBER>.
EIS No. 20210069, Draft, USCG, ND, BNSF Railway Bridge 196.6 Project
across the Missouri River, Morton and Burleigh Counties, Between
Bismarck and Mandan, North Dakota, Comment Period Ends: 07/26/2021,
Contact: Rob McCaskey<PHONE_NUMBER>.
EIS No. 20210070, Final, USACE, CA, Lower Cache Creek, Yolo County,
Woodland and Vicinity, CA, Flood Risk Management Feasibility Study,
Review Period Ends: 07/12/2021, Contact: Keleigh Duey<PHONE_NUMBER>.
EIS No. 20210071, Draft, USACE, LA, St. Tammany Parish, Louisiana
Feasibility Study, Comment Period Ends: 07/26/2021, Contact: Everard
Baker<PHONE_NUMBER>.

    Dated: June 7, 2021.
Candi Schaedle,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2021-12293 Filed 6-10-21; 8:45 am]
BILLING CODE 6560-50-P