[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Rules and Regulations]
[Page 2808]
[DOCID:fr16ja08-7]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs; Firocoxib Tablets

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA) filed by Merial Ltd. The supplemental NADA provides
for veterinary prescription use of firocoxib chewable tablets in dogs
for the control of postoperative pain and inflammation associated with
soft-tissue surgery.

DATES: This rule is effective January 16, 2008.

FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-110), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Merial Ltd., 3239 Satellite Blvd., Bldg.
500, Duluth, GA 30096-4640, filed a supplement to NADA 141-230 for
PREVICOX (firocoxib) Chewable Tablets. The supplemental application
provides for the veterinary prescription use of firocoxib chewable
tablets in dogs for the control of postoperative pain and inflammation
associated with soft-tissue surgery. The NADA is approved as of
December 18, 2007, and the regulations in 21 CFR 520.928 are amended to
reflect the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and
Cosmetics Act (21 U.S.C. 360b(c)(2)(F)(iii)), this approval qualifies
for 3 years of marketing exclusivity beginning on the date of approval.
    The agency has determined under 21 CFR 25.33(d)(1) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 520

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is
amended as follows:

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  520.928, revise paragraphs (c)(1) and (c)(2) to read as
follows:

Sec.  520.928  Firocoxib tablets.

* * * * *
    (c) * * *
    (1) Amount. 5 mg/kg (2.27 mg/lb) body weight. Administer once daily
for osteoarthritis. Administer approximately 2 hours before soft-tissue
surgery.
    (2) Indications for use. For the control of pain and inflammation
associated with osteoarthritis and for the control of postoperative
pain and inflammation associated with soft-tissue surgery.
* * * * *

    Dated: January 4, 2008.
Bernadette Dunham,
Deputy Director, Center for Veterinary Medicine.
[FR Doc. E8-730 Filed 1-15-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Pages 62528-62529]
[FR Doc No: 2019-24816]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP19-491-000; CP19-494-000]

National Fuel Gas Supply Corporation and Transcontinental Gas
Pipe Line Company, LLC; Notice of Schedule For Environmental Review of
The FM100 Project and Leidy South Project

    On July 18, 2019 and July 31, 2019, National Fuel Gas Supply
Corporation (National Fuel) and Transcontinental Gas Pipe Line Company,
LLC (Transco) filed their respective applications in Docket Nos. CP19-
491-000 and CP19-494-000 each requesting a Certificate of Public
Convenience and Necessity pursuant to Sections 7(b) and 7(c) of the
Natural Gas Act to construct, operate, and abandon certain natural gas
pipeline facilities. The proposed projects are the FM100 Project,
proposed by National Fuel, and the Leidy South Project, proposed by
Transco (Projects). The FM100 Project would allow National Fuel to
modernize a portion of its existing system and provide an additional
330,000 dekatherms per day (Dth/d) of incremental natural gas
transportation capacity, all of which is fully subscribed to Transco.
The Leidy South Project would provide 582,400 Dth/d of firm natural gas
transportation service from shale producing areas in northern and
western Pennsylvania to Transco's customers in the eastern United
States. The Federal Energy Regulatory Commission (Commission or FERC)
staff's environmental review of the Projects will be presented in a
single environmental assessment (EA) because of the interrelatedness of
the Projects.
    On July 31, 2019 and August 14, 2019, the Commission issued Notices
of Application for the FM100 Project and the Leidy South Project,
respectively. Among other things, those notices alerted agencies
issuing federal authorizations of the requirement to complete all
necessary reviews and to reach a final decision on a request for a
federal authorization within 90 days of the date of issuance of the
Commission staff's EA for the Projects. This instant notice identifies
the FERC staff's planned schedule for the completion of the EA for the
Projects.

Schedule for Environmental Review

Issuance of EA--February 7, 2020
90-day Federal Authorization Decision Deadline--May 7, 2020

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Projects' progress.

Project Description

    National Fuel and Transco are proposing to construct and operate
interdependent natural gas infrastructure projects, which are both
located entirely within Pennsylvania. The FM100 Project consists of
29.5 miles of new 20-inch-diameter pipeline in McKean and Potter
Counties (Line YM58); 1.4 miles of 24-inch-diameter pipeline loop \1\
in Potter County (YM224 Loop); 0.4 mile of 12-inch-diameter pipeline in
McKean County (Line KL Extension); construction of new Marvindale
Compressor Station in McKean County; construction of new Tamarack
Compressor Station in Clinton County; construction of the Marvindale
Interconnect in McKean County; construction of the Carpenter Hollow
over-pressurization protection station in Potter County; abandonment in
place of a 44.9-mile-long portion of the existing 12-inch-diameter
FM100 Pipeline in Clearfield, Elk, and Potter Counties; abandonment by
removal of the existing Costello Compressor Station in Potter County;
abandonment by removal of an existing meter station WHP-MS-4317X in
Potter County; and installation and abandonment of appurtenances, such
as mainline valves and anode beds, associated with the above
facilities.
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    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
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    The Leidy South Project consists of 3.5 miles of 42-inch-diameter
pipeline loop in Lycoming County (Benton Loop); 2.5 miles of 36-inch-
diameter pipeline loop in Clinton County (Hilltop Loop); 6.3 miles of
36-inch-diameter

pipeline loop and related abandonment of a 5.8-mile-long portion of the
23.4-inch-diameter Leidy Line A Pipeline (Hensel Replacement) in
Clinton County; modification of existing Compressor Station 605 in
Wyoming County; modification of existing Compressor Station 610 in
Columbia County; construction of new Compressor Station 607 in Luzerne
County; construction of new Compressor Station 620 in Schuylkill
County; installation of associated facilities such as mainline valves,
communication facilities, and pig \2\ launchers and receivers, and
other appurtenances.
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    \2\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
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Background

    On March 5, 2019, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed FM100 Project and
the Leidy South Project and Request for Comments on Environmental
Issues and Notice of Public Scoping Sessions (NOI). The NOI was issued
during the pre-filing review of the Projects in Docket Nos. PF17-10-000
and PF19-1-000 and was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received comments from the U.S. Environmental Protection Agency, U.S.
Fish and Wildlife Service, Pennsylvania Department of Agriculture,
Pennsylvania Department of Conservation and Natural Resources,
Pennsylvania Department of Transportation; 1 state senator; 1 state
representative; 3 local agencies; 3 special interest groups; 35
landowners; and 130 individuals.
    The majority of issues raised by the commentors are related to the
Leidy South Project's proposed Compressor Station 620 in Hegins,
Pennsylvania, including impacts on air quality, noise, nearby
residences, wildlife, prime farmland and organic farming, visual
resources, waterbodies, zoning, future expansion of the facility,
emergency response, and safety. Additional issues raised on the
Projects include impacts on threatened and endangered species; the
Hensel Replacement impact on the Tamarack Swamp Natural Area; landowner
requests for removal of the to-be-abandoned Line FM100 from their
property; and segmentation of projects under FERC review. All
substantive comments will be addressed in the EA.
    The U.S. Environmental Protection Agency and the U.S. Army Corps of
Engineers are cooperating agencies in the preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Projects is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP19-491 or CP19-494), and follow the instructions. For assistance with
access to eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY
(202) 502-8659, or at<EMAIL_ADDRESS>The eLibrary link on
the FERC website also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rule makings.

    Dated: November 8, 2019.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-24816 Filed 11-14-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Notices]
[Page 42408-42409]
[DOCID:fr02au07-87]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket Nos. EG07-45-000 through FC07-49-000]

Notice of Effectiveness of Exempt Wholesale Generator or Foreign
Utility Company Status

July 26, 2007.

------------------------------------------------------------------------
                                                            Docket No.
------------------------------------------------------------------------
Glacial Ridge Wind Power LLC............................     EG07-45-000
Entergy Nuclear Palisades, LLC..........................     EG07-46-000
Covanta Waste to Energy Asia Ltd........................     EG07-47-000
Lock 7 Hydro Partners, LLC..............................     EG07-48-000
Calpine Power L.P.......................................     FC07-30-000
Calpine Island Cogeneration Limited Partnership,             FC07-31-000
 Marianas Energy Company LLC............................
EDP Gas--S.G.P.S., S.A..................................     FC07-32-000
EDP Imobiliaria e Participacoes, S.A....................     FC07-33-000
Nuevas Energias de Occidente............................     FC07-34-000
Balwerk--Consultadoria Economica e Participacoes,            FC07-35-000
 Sociedade Unipessoal, Lda..............................
EDP Comercial--Comercializacao de Energia, S.A..........     FC07-36-000
EDP Distribuicao de Energia, S.A........................     FC07-37-000
EDP Finance Company Ltd.................................     FC07-38-000
Enernova--Novas Energias S.A............................     FC07-39-000
Electrica de la Ribera del Ebro, S.A....................     FC07-40-000
Hidroelectrica del Cantabrico, S.A......................     FC07-41-000
DECA II--Distribuicion Eletrica Centroamericana Dos II,      FC07-42-000
 S.A....................................................
EDP Energias do Brasil, S.A.............................     FC07-43-000
EDP Producao Bioelectrica, S.A..........................     FC07-44-000
EDP Gestao da Producao de Energia, S.A..................     FC07-45-000
Electra S.A.R.L.--Empresa de Electricidade e Agua.......     FC07-46-000
REN--Energeticas Nacionais, SGPS, S.A...................     FC07-47-000
EDP Investment, Lda.....................................     FC07-48-000
CMS Generation LLC......................................     FC07-49-000
------------------------------------------------------------------------

    Take notice that during the month of June 2007, the status of the
above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a).

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14960 Filed 8-1-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49834-49836]
[FR Doc No: 2017-23450]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3710]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Evaluation of the
Food and Drug Administration's Education at the Point of Sale Campaign

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
November 27, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910--NEW and
title ``Evaluation of FDA's Education at the Point of Sale Campaign.''
Also, include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Evaluation of FDA's Education at the Point of Sale Campaign OMB Control
Number 0910--NEW

    The 2009 Family Smoking Prevention and Tobacco Control Act (Tobacco
Control Act) (Pub. L. 111-31) amends the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) to grant FDA authority to regulate the
manufacture, marketing, and distribution of tobacco products to protect
public health and to reduce tobacco use by minors. Section
1003(d)(2)(D) of the FD&C Act (21 U.S.C. 393(d)(2)(D)) supports the
development and implementation of FDA public education campaigns
related to tobacco use. Accordingly, FDA is currently developing and
implementing a tobacco education intervention at the point of sale to
reduce the public health burden of tobacco use. The campaign features
advertisements intended to encourage future quit attempts among current
smokers in stores that sell tobacco products.
    In support of the provisions of the Tobacco Control Act that
require FDA to protect the public health, FDA requests OMB approval to
collect information to evaluate the effectiveness of the point of sale
tobacco education campaign. Data from this outcome evaluation study
will be used to examine statistical associations between exposure to
the campaign and specific outcomes of interest, which include awareness
of the campaign and its messaging, tobacco-related attitudes, beliefs
and risk perceptions, and motivation to quit smoking.
    Evaluation is an essential organizational practice in public health
and a systematic way to account for and improve public health actions.
Comprehensive evaluation of FDA's public education campaigns will be
used to document whether the intended audience is aware of and
understands campaign messages, and whether campaign exposure influences
tobacco-related attitudes, beliefs and risk perceptions, intentions to
use tobacco, and motivation to quit smoking. Participation in the
outcome evaluation study will be voluntary. All of the information
collected is integral to that evaluation.
    Evaluation of the Point of Sale Campaign. This outcome evaluation
study will consist of four longitudinal data collection periods over 24
months (approximately every 7 months), with the first survey (Wave 1)
occurring approximately 3 months after campaign launch. A fourth wave
of data collection has been added to the three proposed in the 60-day
notice because the campaign has been extended from 18 to 24 months. The
additional wave of data collection is necessary to continue to assess
the impact of the campaign. To reduce the number of participants needed
to detect the effects of the campaign on outcomes of interest, the
design of the campaign was changed from two treatment groups and one
control group to one treatment group and one control group. The
respondent numbers and burden hours below have been revised to reflect
the four data collection waves and the change in the number of
treatment groups.
    Information will be collected from adult cigarette smokers, ages 25
to 54, about awareness of and exposure to campaign advertisements,
tobacco use, and knowledge, attitudes, and beliefs related to tobacco
use. Information will be collected on demographic variables including
age, sex, race/ethnicity, and primary language. Participants will also
be offered the option to download a smartphone application that will
track their exposure to the campaign, and that will ask them to respond
to a brief survey about every 6 months over 18 months.
    FDA's media contractor identified 37 potential counties for the
campaign. From this list, FDA's evaluation contractor has selected 30
counties to be included in the evaluation. Of these, 15 counties will
receive the intervention (treatment counties), and 15 counties will not
receive it (control counties). The number of counties has changed since
the 60-day notice because we changed the experimental design to have
one treatment group instead of two, which resulted in needing fewer
counties.
    Data will be collected from a longitudinal cohort that will consist
of an entirely new sample of adult cigarette smokers. Addresses will be
randomly selected from postal carrier routes in the 30 selected U.S.
counties to identify households that contain one or more adult smokers
between the ages of 25 and 54. Pre-paid pre-addressed paper screening
surveys will be mailed to approximately 104,541 households. We estimate
that 27,651 (9,217 annualized respondents) households will return the
10-minute screener they received by mail, and 26,258 (8,753

annualized respondents) households will complete a 10-minute in-person
field screener conducted by trained field interviewers. Field
interviewers will attempt to conduct field screeners for all households
that return the mail screener and appear to have one or more eligible
participants in the household, and a subsample of the households that
do not return the screener. At 10 minutes per screening, the potential
burden hours for the mail screener are 4,701 hours (1,567 annualized).
At 10 minutes per screening, the potential burden hours for the field
screener are 4,464 hours (1,488). The process for locating and
screening participants has been updated since the 60-day notice to
better reflect the study design.
    Accounting for nonresponse, we estimate that the mail and field
screenings will result in 4,282 (1,427 annualized) adults who meet
criteria for participation and complete the full Wave 1 questionnaire.
The Wave 1 questionnaire will be completed during an in-person visit to
the home, immediately after the field screening is completed, assuming
the selected participant is available to complete the questionnaire at
that time. If the participant is not available at that time, the
interviewer will schedule a time to return to the household and
complete the evaluation questionnaire in person. We estimate that the
Wave 1 questionnaire will take 40 minutes to complete, resulting in
2,869 (956 annualized) burden hours. Adjusting for loss to follow-up
between waves, we anticipate that 3,426 (1,142 annualized) participants
will complete the Wave 2 questionnaire, which will take 40 minutes and
result in 2,295 (765 annualized) burden hours, that 2,912 (971
annualized) participants will complete the Wave 3 questionnaire, which
will take 40 minutes and result in 1,951 (650 annualized) burden hours,
and that 2,475 (825 annualized) participants will complete the Wave 4
questionnaire, which will take 40 minutes and result in 1,658 (553
annualized) burden hours. The Waves 2, 3, and 4 questionnaires will be
completed online or in person by trained interviewers, depending on
participant preference. The total burden hours for Waves 2 to 4
evaluation questionnaires will be 5,904 (1,968 annualized).
    We anticipate that approximately 54 percent of the participants
(2,308 people (769 annualized)) who complete the Wave 1 questionnaire
will download a smartphone application that will deliver brief app-
based questionnaires to them in between the four waves of evaluation
data collection. These participants will complete three questionnaires
lasting 5 minutes each (every 6 months over the course of 18 months),
resulting in 554 (185 annualized) burden hours. The app will also use
geolocation technology to record participants' visits to convenience
stores as a measure of passive campaign exposure.
    In addition, over the course of the study, telephone verification
questionnaires will be conducted with a small portion of participants.
The purpose of these questionnaires is to ensure that information
obtained by field interviewers is correct, to evaluate the performance
of field interviewers, to avoid fraud, and to ensure that all relevant
incentives were delivered. Trained staff will administer a 5-minute
verification questionnaire to a random sample of 10 percent of
participants who completed the in-person screening but not the Wave 1
questionnaire (2,198 individuals (733 annualized)), and a random sample
of 10 percent of participants who completed the Waves 1 to 4
questionnaires (1,308 individuals (436 annualized)). At 5 minutes per
verification questionnaire, this results in 177 burden hours (59
annualized) for the field screener telephone verifications and 105
burden hours (35 annualized) for the four evaluation questionnaire
telephone verifications. Some telephone verification questionnaires may
be administered in person if it is not possible to reach the individual
by phone. This verification process has been added to the information
collection request since the 60-day notice to prevent fraudulent data
entry by interviewers.
    In addition to the telephone verification survey, we will also
audio record (with participants' consent) interviews with a random
sample of approximately 10 percent of respondents to the Wave 1
questionnaire and a random 10 percent of the Waves 2, 3, and 4
respondents who complete the questionnaire in person as an additional
quality control measure. These recordings will be used to measure
interviewer compliance with study procedures and will be destroyed
after they are reviewed. This procedure does not affect participant
burden.
    The total burden hours for the mail and field screeners, four
outcome evaluation questionnaires, three app-based questionnaires, and
four telephone verification questionnaires is 18,773 (6,258
annualized).
    In the Federal Register of November 15, 2016 (81 FR 80075), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Two comments were received; however, only
one was PRA-related.
    Comment: One comment stated that requiring or compelling retailers
to display ``anti-smoking or anti-tobacco advocacy'' is prohibited
under the First Amendment. If the campaign is deemed unconstitutional,
then there is no need for the information collection.
    Response: The comment misunderstands how FDA intends to carry out
this public education campaign. FDA intends to purchase advertising
space from retailers on a voluntary basis and will not require that
retailers participate in the campaign. Therefore, the comment raises an
issue that is outside the scope of this proposed information
collection.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                    Number of    responses      Total
          Type of respondent                     Activity          respondents      per         annual       Average burden  per response    Total hours
                                                                                respondent   responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Households (adults 18 and up).........  Mail screener............        9,217            1        9,217  0.17 (10 minutes)................        1,567
                                        Field screener...........        8,753            1        8,753  0.17 (10 minutes)................        1,488
                                        Telephone verification,            733            1          733  0.08 (5 minutes).................           59
                                         field screener.
Adult smokers, ages 25 to 54..........  Wave 1 questionnaire.....        1,427            1        1,427  0.67 (40 minutes)................          956
                                        Wave 2-4 questionnaires..        2,938            1        2,938  0.67 (40 minutes)................        1,968
                                        Telephone verification,            436            1          436  0.08 (5 minutes).................           35
                                         questionnaires 1-4.
Study participants (opt in)...........  App-based questionnaire..          769            3        2,308  0.08 (5 minutes).................          185
                                                                  --------------------------------------------------------------------------------------
    Total.............................  .........................  ...........  ...........  ...........  .................................        6,258
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: October 24, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23450 Filed 10-26-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]
[Page 41156-41162]
[DOCID:fr17jy08-144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2008-0629]

Operating Limitations for Unscheduled Operations at John F.
Kennedy International Airport and Newark Liberty International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Order Limiting Unscheduled Operations at
John F. Kennedy International Airport and Newark Liberty International
Airport; Request for comments.

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SUMMARY: The FAA tentatively has determined that it is necessary to
temporarily limit unscheduled aircraft operations at John F. Kennedy
International Airport (JFK) and Newark Liberty International Airport
(EWR). By Orders dated January 15 and May 15, 2008, the FAA restricted
the number of scheduled operations respectively at JFK and EWR. These
orders were a result of persistent congestion and delays at JFK and EWR
during the peak operating hours, as well as a dramatic projected
increase in fight delays at both airports during the summer of 2008 if
proposed schedules were implemented as requested by carriers. The FAA
recently published a notice of proposed rulemaking that addresses the
operating limits of scheduled and unscheduled operations at both
airports for the longer term. The FAA believes that in the interim it
is necessary to limit unscheduled operations, as even the addition of a
few operations in the critical peak hours can result in added
congestion and delay. The intended effect of this action would be
consistent with the previously issued Orders governing scheduled
operations. This final Order would take effect at 6 a.m., Eastern Time,
on August 28, 2008, and would expire at 11:59 p.m., Eastern Time, on
October 24, 2009.
    This proposed Order would implement a reservation system to limit
unscheduled operations at the airports and includes special provisions
for public charter operations. A final Order would be enforceable under
the FAA's civil penalty authority.

DATES: Send your comments on or before July 28, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0629 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information that you
provide. Using the search function of the http://www.regulations.gov
Web site, anyone can find and read the electronic form of all comments
received into any of our dockets, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). The electronic form of all comments
posted to http://www.regulations.gov can be searched by the submitter's
name. You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78). For
information about the privacy aspects of the Federal eRulemaking
Portal, please see the Privacy and Use notice at http://
www.regulations.gov.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket. Alternatively, go to the Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule contact: Gerry Shakley, System Operations Services,
Air Traffic Organization; telephone<PHONE_NUMBER>; facsimile (202)
267-7277; e-mail<EMAIL_ADDRESS>For legal questions concerning
this proposed rule contact: Rebecca B. MacPherson, Office of the Chief
Counsel, Federal Aviation Administration; telephone<PHONE_NUMBER>;
facsimile<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the nation's
navigable airspace. In this regard, the Administrator is required to
assign the use of navigable airspace by regulation or order under such
terms, conditions and limitations as he or she may deem necessary to
ensure its efficient use.\2\ The Administrator may modify or revoke an
assignment when required in

the public interest.\3\ The FAA interprets its statutory directive to
act in the public interest as implicitly applying to any decision by
the FAA to assign the efficient use of the navigable airspace.
Furthermore, in carrying out the Administrator's safety
responsibilities under the statute, the Administrator must consider
controlling the use of the navigable airspace and regulating civil
operations in that airspace in the interest of the safety and
efficiency of those operations.\4\
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    \1\ 49 U.S.C. 40103(a).
    \2\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. Sec.  307(a). Title 49 was recodified by Public Law No. 103-
222, 108 Stat. 745 (1994). The textual revisions were not intended
to result in substantive changes to the law. The recodification
stated that the words in Sec.  307(a) ``under such terms,
conditions, and limitations as he may deem'' were omitted as
surplus. H. Rpt. 103-180 (103d Cong., 1st Sess. 1993) at 262.
    \3\ Id.
    \4\ 49 U.S.C. 40101(d)(4).
---------------------------------------------------------------------------

    The FAA interprets its broad statutory authority to manage ``the
efficient use of airspace'' to encompass its management of the
nationwide system of air commerce and air traffic control. On a daily
basis, that system regularly transports millions of passengers,
thousands of tons of cargo, and millions of pieces of mail. The FAA
believes that ensuring the efficient use of the airspace means that it
must take all necessary steps to prevent extreme congestion at an
airport from disrupting or adversely affecting the overall air traffic
system for which the FAA is responsible. Delays at a single key airport
of the sort experienced at JFK and EWR can have a crippling effect on
other parts of the system, causing untold losses in time and money for
individuals and businesses, as well as the operators at JFK and EWR and
beyond.

John F. Kennedy International Airport (JFK)

    In 1968, the FAA issued the High Density Rule (HDR), designating
JFK a high density traffic airport and limiting the number of takeoffs
and landings at the airport, effective April 27, 1969.\5\ Under the
HDR, the FAA required carriers to hold a reservation, which came to be
known as a ``slot,'' for each takeoff or landing under instrument
flight rules at the high density traffic airports. The HDR remained in
effect at JFK for nearly four decades, during which aircraft operations
at JFK were limited for the five hours of peak demand--3 p.m. through
7:59 p.m., Eastern Time.
---------------------------------------------------------------------------

    \5\ 33 FR 17896 (1968). The FAA codified the rules for operating
at high density traffic airports in 14 CFR part 93, subpart K.
---------------------------------------------------------------------------

    In April 2000, Congress began phasing out the HDR at certain
airports, including JFK, which was no longer subject to the HDR after
January 1, 2007.\6\ The elimination of the HDR at JFK allowed increased
scheduling during the peak hours, continuing a trend of increased
operations at JFK in recent years. However, capacity has not increased
commensurate with the flight increases. In addition, JFK has evolved
from an airport that historically served primarily international
markets and the associated domestic feeder service into an airport that
now also provides significantly more domestic service. There has been
more recently an increased emphasis on connecting traffic that is
typical of hub airports, as well as an increased focus on origin and
destination traffic.
---------------------------------------------------------------------------

    \6\ 49 U.S.C. 41715(a).
---------------------------------------------------------------------------

    As a result of these changes at JFK, carriers increased their
scheduled operations throughout the day to the point that by summer
2007, demand exceeded the airport's capacity during some periods. For
example, from February through July 2007, JFK's average actual airport
capacity was 83 total operations per hour, including scheduled and
nonscheduled flights. The scheduled demand during the busiest hour, 4
p.m., was over 110 arrivals and departures during summer 2007. Adjacent
hours had fewer scheduled flights, but they were still above the
average hourly runway capacity which resulted in increased delays.
Although air traffic control procedural and runway use plans adopted in
early 2007 have increased JFK's aircraft throughput, especially for
departures, they do not provide a capacity increase that would have
accommodated the proposed summer 2008 demand.
    The increase in scheduled operations at JFK has had a profound
effect on the delays that travelers have experienced. During fiscal
year 2007, the average daily operations at JFK increased 21% over
fiscal year 2006. Corresponding to the increased operations, on-time
performance and other delay metrics have declined year over year. The
on-time arrival performance at JFK, which is defined as arrival at the
gate within 15 minutes of the scheduled time, declined from 68.5% in
fiscal year 2006 to 62.19% in fiscal year 2007. On-time arrivals during
the peak travel months of June, July and August declined from 63.37% in
2006 to 58.53% in 2007 while on-time departures declined from 67.49% to
59.89%. For the entire fiscal year, the average daily arrival delays
exceeding one hour increased by 87% over fiscal year 2006 levels. Taxi
out delay, which measures the time that aircraft wait prior to
departing the runway, increased by 15%. Taxi out delays in the evening
departure periods frequently exceeded an hour in duration. At the same
time, U.S. and foreign air carriers continued to announce new flights
for JFK throughout the day, including during the most oversubscribed
hours. Unscheduled flights during the peak periods contributed to
cumulative demand and shared in the resulting delays.
    Using the authority conferred under Sec.  41722 to address
congested airports,\7\ the Secretary of Transportation and the Acting
Administrator of the FAA concluded that a meeting with U.S. air
carriers was necessary to discuss flight reductions at JFK to reduce
overscheduling and flight delays.\8\
---------------------------------------------------------------------------

    \7\ 49 U.S.C. 41722(a)
    \8\ Through a notice issued October 16, 2007, and published in
the Federal Register, the FAA invited all U.S. scheduled air
carriers and the Port Authority of New York and New Jersey (PANYNJ)
to attend the scheduling reduction meeting, commencing October 23,
2007. The FAA also invited all interested persons to submit
information on the subject of overscheduling at JFK, including any
data and their views, to a public docket for the FAA's consideration
in issuing its Order. The Docket ID is FAA-2007-29320, and it can be
examined online at www.regulations.gov or in person at the docket
Operations address listed in the ADDRESSES section of this NPRM.
---------------------------------------------------------------------------

    The FAA convened the scheduling reduction meeting with the U.S. air
carrier participants and representatives of the airport operator on
October 23 and 24. The FAA issued an Order on January 15, 2008, that
limited scheduled operations of U.S. air carriers and foreign air
carriers at JFK to a maximum of 81 per hour, except as provided in the
appendix to the Order. The Order was effective at 6 a.m., Eastern Time
on March 30, 2008, and expires at 11:59 p.m., Eastern Time on October
24, 2009. This order will reduce the substantial inconvenience to the
traveling public caused by excessive congestion-related flight delays
at the airport that magnify as they spread through the National
Airspace System. This action also is expected to reduce the average
length of delays by about 15 percent over summer 2007 levels and
provide for a more efficient use of the nation's airspace by more
closely tying demand to capacity. In order to ensure the effectiveness
of the carrier scheduling adjustments and limitations in the JFK Order,
it is necessary to restrict unscheduled operations at JFK, as further
explained later in this Proposed Order. Otherwise, even a few
additional operations during peak hours would result in additional
delay and could erode the gains achieved through schedule reductions.

Newark Liberty International Airport (EWR)

    On May 15, 2008, the Acting Administrator of the FAA issued an
Order limiting scheduled operations at EWR in order to ensure that
delays did not increase significantly as a result of proposed summer
2008 scheduled operations that included about 100 new

operations, many during the already busy afternoon and evening hours.
Newark routinely experiences delays and there is limited capacity for
additional flights during the busiest hours of the day. Additionally,
flight limitations recently adopted by the FAA for JFK may otherwise
encourage carriers to operate to Newark if they are unable to obtain
timely Operating Authorizations for JFK. The EWR limitations are
necessary to ensure that operations do not significantly exceed the
airports capacity and applies to all U.S. and foreign air carriers'
scheduled operations, excluding helicopters, from 6 a.m.: Eastern Time,
through 10:59 p.m., Eastern Time. The Order is effective at 6 a.m.,
Eastern Time on June 20, 2008, and expires at 11:59 p.m. on October 24,
2009.
    Although EWR has historically experienced a significant number of
congestion related delays, often ranking as the most delayed airport in
the system, the proportion of delayed operations was relatively stable
for many years and had declined compared to several years ago. More
recently, however, the airport's on-time performance has diminished,
and the modeled delays for the proposed summer 2008 schedules would
have increased significantly.

Initial Scheduling Information Requests

    Based on JFK and EWR's summer 2007 operational and on-time
performance, demand that exceeded capacity during certain hours, and
limited runway capacity to accommodate additional flights, the FAA
designated both airports as Level 2 Schedules Facilitated Airports for
the summer 2008 scheduling season, in accordance with the International
Air Transport Association (IATA) Worldwide Scheduling Guidelines.\9\ In
designating the airports as Level 2 airports, the FAA required all U.S.
and foreign air carriers to report to the FAA their proposed summer
2008 scheduled operations at the airports during designated hours.
---------------------------------------------------------------------------

    \9\ 72 FR 54,317 (Sept. 24, 2007).
---------------------------------------------------------------------------

    In response to the U.S. and foreign air carriers' proposed summer
2008 schedules and discussions with carriers that indicated a purely
voluntary solution to adjust schedules was unlikely to resolve expected
congestion, the FAA elected to modify EWR's IATA designation to a Level
3 Coordinated Airport for summer 2008.\10\ This designation permitted
the FAA to approve new operations at the airports in hours during which
airport capacity is available and to deny proposed new operations
during peak hours. The results of the FAA's discussions with U.S. and
foreign air carriers with respect to their summer 2008 schedules are
captured in the appendix to the JFK and the EWR Orders.
---------------------------------------------------------------------------

    \10\ In connection with its January 15 order, the FAA also
designated JFK an IATA Level 3 Coordinated Airport. 73 FR 3,510
(Jan. 18, 2008)(order limiting scheduled operations); 72 FR 60,710
(Oct. 25, 2007)(notice of airport level designation); 72 FR 73,418
(Dec. 27, 2007).
---------------------------------------------------------------------------

    The limitations on scheduled operations are based on the FAA's
capacity review over a two year period from September 2006 through
August 2007. That review indicated the airport average available runway
capacity was 83 total operations per hour. This included scheduled and
unscheduled operations.

The Proposed Order

    Unscheduled operations, including general aviation, charter, cargo,
ferry. and other ad hoc operations, are typically a small percentage of
the overall traffic at JFK and EWR. When the airport operations at JFK
were limited by the HDR, a total of 8 reservations were set aside for
unscheduled operations during the five slot controlled hours. From 5
p.m. until 6 p.m., no unscheduled reservations were available. which
permitted additional scheduled operations.
    As part of the analyses conducted for developing appropriate
scheduling targets at JFK and EWR, we reviewed both scheduled and
unscheduled traffic levels. For calendar year 2007, unscheduled
operations at both airports averaged about two operations (arrival and
departures combined) per hour. We used this historical information at
both airports as the baseline for unscheduled operations at JFK and EWR
and reviewed alternatives to vary the number of authorized reservations
in this proposal. The greatest delay reduction benefits would come from
limiting unscheduled operations during peak hours, except when capacity
exists to accommodate additional operations without delay. This
additional capacity would primarily be days when the airport's optimal
capacity could be achieved. Unscheduled operators are in a position to
take advantage of this capacity whereas scheduled operators are not.
The FAA is not proposing to completely eliminate unscheduled operations
from any hour at either JFK or EWR. However, the number of reservations
will be limited and an individual operator may be unable to obtain a
reservation at the preferred time and may need to operate during other
hours, or possibly at another airport. The FAA proposes to implement a
reservation system for unscheduled operations at JFK and EWR from 6
a.m. through 10:59 p.m. (Eastern Time), Sunday through Saturday. The
limits would begin on August 14, 2008 and continue through October 24,
2009, consistent with ending dates for scheduled carrier limits.
Reservations would be available on July 7 beginning 72 hours in advance
of the proposed operation times at EWR or JFK.
    At JFK, the FAA proposes that during the controlled hours, unless
otherwise authorized, the number of reservations for unscheduled
operations would be limited to two per hour from 6 a.m. through 1:59
p.m.; one per hour from 2 p.m. through 9:59 p.m.; and two per hour from
10 p.m. through 10:59 p.m. At EWR, the FAA proposes that during the
controlled hours, unless otherwise authorized, the number of
reservations for unscheduled operations would be limited to two per
hour from 6 a.m. through 11:59 a.m.; one per hour from 12 p.m. through
9:59 p.m.; and two per hour from 10 p.m. to 10:59 p.m. This rule would
apply to operations under instrument flight rules (IFR) and visual
flight rules (VFR).
    The hours that permit only one unscheduled operation per hour
represent the most concentrated peak operating hours at the airports
when the demand is highest and delays, especially under adverse
operating conditions, are also routinely at their highest levels. In
these hours, scheduled operations have been curtailed and reduced under
the applicable Orders. While the FAA prefers increasing the capability
of the system to accommodate demand, rather than limiting access, in
the case of both JFK and EWR, all operations have to be restricted to
reduce delays and recognize capacity constraints. Many unscheduled
operations have flexibility because of the nature of the operation and
the New York City area has other airports that can be used for some
unscheduled flights including Westchester, Islip, Republic, Stewart,
Morristown, and Teterboro.
    Unscheduled operators, including air carriers conducting
unscheduled operations at JFK and EWR, would need to review and
possibly modify their plans based on the available reservations since
the FAA cannot guarantee access to all operators without unduly
increasing congestion. Unscheduled operators will need to consider the
proposed reservation system at JFK and EWR, along with weight
restrictions, noise abatement rules, and other limitations at other

airports in the New York City area when planning their flights.
    Under certain weather conditions and runway configurations, JFK and
EWR have capacity to accommodate additional operations without causing
significant additional delay. Scheduled operators cannot readily adjust
the number or timing of arrivals and departures to take advantage of
temporary fluctuations in the airports capacity during optimal weather.
Unscheduled operators may have flexibility to make such adjustments and
often conduct flights with short lead times. Therefore, when operating
conditions permit, the FAA would make additional reservations
available. The added capacity for unscheduled operations typically will
not be determined more than eight hours in advance. There may also be
times when the FAA has unallocated Operating Authorizations (under the
Orders) for scheduled operations. The FAA would assess whether
additional reservations could be made available for unscheduled
flights. All reservations for unscheduled flights would be allocated
using the procedures described below.
    Each reservation would be allocated on a 60-minute basis during the
restricted hours. Although a 30-minute reservation may provide some
additional delay reduction benefits by potentially avoiding peaks, the
FAA has determined that greater latitude in timing should be permitted
given the limited number of proposed reservations. The FAA's Airport
Reservation Office (ARO) would receive and process all reservations
requests. The reservations would be allocated on a first-come, first-
served basis, determined by the time the request is received by the
ARO. Operators would primarily obtain reservations through the ARO's
interactive computer system accessed via the internet or touch-tone
telephone. This system is known as the Enhanced Computer Voice
Reservation System (e-CVRS). Operators would provide the date/time of
the proposed operation and other identifying information concerning the
aircraft and the intended flight. The ARO would allocate through e-CVRS
the added reservations that may be accommodated during periods of
favorable weather and capacity conditions.
    The allocation mechanism for unscheduled operations proposed in
this Order is similar to the procedures used to allocate slots for the
``Other'' category under the HDR, and for unscheduled arrivals at
Chicago's O'Hare International Airport (ORD). The proposed procedures
are also similar to those used by unscheduled aircraft operators during
Special Traffic Management Programs implemented by the Air Traffic
Organization during periods of abnormally high traffic demand due to
special events such as major conventions, sporting events, fly-ins, and
other circumstances that cause temporary increases in airport demand.
Consequently, many aircraft operators are familiar with the procedures
that the FAA now proposes to adopt.
    Allocation of a reservation does not constitute an air traffic
control (ATC) clearance nor does it obviate the need to file an IFR
flight plan. Reservations would be required for both IFR and VFR
operations. Although capacity typically increases in visual
meteorological conditions, unscheduled VFR flights could still impact
operations if concentrated in peak periods. The FAA would accommodate
declared emergencies without regard to reservations. The filing of JFK
or EWR as an alternate airport in flight plans, or an aircraft
diversion absent a declared emergency, does not constitute a
reservation. Non-emergency flights in support of national security, law
enforcement, or similar requirements may be accommodated above the
reservation limits with the prior approval of the FAA. The proposed
text of the Order contains detailed instructions for requesting
reservations via the Internet, telephone, or alternatively, by
contacting the ARO. Reservations for regularly scheduled operations are
authorized separately under the terms of the JFK and EWR Orders. The
procedures described in this proposed Order would not be used for
scheduled flights.
    The provisions of this proposal would apply to unscheduled
operations at JFK and EWR conducted by foreign or domestic operators,
regardless of whether the operation is domestic or foreign. We propose
special provisions necessary to support flight operation for national
security and similar purposes. In the case of the airports serving the
New York City area, which is the headquarters of the United Nations,
this may include diplomatic or other flights in direct support of
foreign governments. The FAA would permit additional reservations, if
necessary, to accommodate these flights but may approve an operation at
a time other than the one initially requested. The FAA does not intend
to categorically exclude these types of flights from the requirement to
obtain a reservation prior to operation at JFK or EWR.
    In order to address the needs of public charter operators for
advance planning and compliance with 14 CFR part 380, the FAA proposes
to allow public charter operators to obtain a reservation up to six
months in advance of a planned operation. Due to the limited number of
reservations in the afternoon and evening periods, no more than one
advance reservation would be allocated in any hour and no more than two
advance reservations would be allocated in the 2 p.m. through 9:59 p.m.
period. Public charter operators may need to consider operating at
other times when capacity is available and may also obtain reservations
within the 72 hour window. Carriers conducting charter operations or
other unscheduled flights may use assigned Operating Authorizations
under the JFK and EWR orders. Carriers could also lease Operating
Authorizations from other carriers.
    The proposed provisions regarding reservations for public charter
operations that are not regularly conducted are similar to the
provisions applicable to public charter arrivals at Chicago's O'Hare
International Airport under SFAR 105.\11\ Under the proposed provisions
for public charter operations, the reservation is requested by and
allocated to the public charter operator, regardless of whether the
charter is operated by a U.S. or foreign air carrier. The public
charter operator retains the discretion to select the direct air
carrier. Thus, this proposed Order does not provide any incentive for a
public charter operator to select a U.S. certificated carrier or a
foreign air carrier.
---------------------------------------------------------------------------

    \11\ 70 FR 39610 (July 8, 2005). FAA considers regularly
conducted public charter operations to be similar to scheduled
operations, even if they are not listed in the Official Airline
Guide or other computer reservation systems. Thus, regularly public
charter operations are covered by the JFK and EWR Orders, not this
proposal.
---------------------------------------------------------------------------

    Public charter operations that seek a reservation more than 72
hours and up to 6 months in advance of the planned operation, would
submit their request to the FAA's Slot Administration Office. A public
charter operator would be required to provide the Slot Administration
Office with a certification that any required prospectus has been
accepted by the DOT in accordance with 14 CFR part 380 for the flight
requiring a reservation; the call sign/flight number to be used for ATC
communication by the direct air carrier conducting the operation; the
date and time of the proposed arrival(s) or departure(s); origin
airport immediately prior to JFK or EWR, or destination airport
immediately following JFK or EWR; and aircraft type. A public charter
operator also would be required to notify the Slot Administration
Office of any changes to

the above information once a reservation has been allocated. If each of
the reservations reserved for public charters has been allocated, a
public charter operator may request a reservation through the ARO
beginning 72 hours in advance in accordance with the same procedures as
unscheduled operators.
    Historically under the HDR, military operations and public use
aircraft operations were subject to the reservation requirement.
Military and public aircraft would be subject to this proposed rule and
would need reservations. As provided for in proposed paragraph 7(c) of
the Proposed Order, the FAA will accommodate non-emergency flights in
support of national security, law enforcement, or similar requirements
above the administrative limit with prior approval by the FAA.
Approvals for these reservations above the limits would be obtained
from the ARO. We anticipate these exceptions to be limited. Since the
operations must be approved in advance by the ARO, changes to proposed
arrival times may be necessary to minimize impacts at the airport. We
do not support a blanket exception for flights of this nature. The
incremental addition of just a few flights during peak hours
cumulatively affects the airport. Carriers conducting scheduled
operations have had to either reduce operations or limit growth to
reach the manageable level that exists today and most of the
unscheduled arrivals at JFK and EWR will be covered by this proposed
Order. While the FAA does not expect or intend for military and public
aircraft operators at these airports to be unfairly burdened, we do not
propose to categorically exclude all military and public aircraft
flights from the coverage of this proposed Order while limiting others
with similar time or operational constraints. The public interest is
served by permitting access for these mission-critical flights but they
still remain subject to the Order. We have also received comments in
related rulemaking proceedings that some carriers operate under
contracts to government agencies such as the Department of Defense to
carry military troops or supplies, or the United States Postal Service
to carry mail. These flights would require reservations but the FAA may
treat qualified flights in a similar fashion to military or public
aircraft. However, to the extent possible, military, public aircraft,
and supporting flights should be conducted outside peak periods or
possibly at other airports with less congestion than JFK and EWR.
    The proposed Order may affect the use of JFK and EWR as an
alternate airport for flight planning purposes for unscheduled IFR
flights. There are various factors affecting use that may be applicable
to a particular airport. Due to runway configuration, certain aircraft
may not be able to operate at an airport. There may be noise abatement
rules, departure procedures, and other operational procedures that must
be factored into the flight planning process and the selection process
of an alternate airport. The proposed reservation system at JFK and EWR
would be another such factor. It is a traffic management tool, and if
an unscheduled IFR operation intended to use JFK or EWR as an
alternate, that operator would have to be prepared to meet all the
requirements necessary to operate at the airport, including a
reservation. While JFK or EWR might be preferable as an alternate
airport from the operator's point of view, it is not operationally
expedient to permit unpredictable increases in demand by allowing the
unrestricted use of JFK and EWR as alternate airports. The FAA
recognizes that there may be circumstances when safety or other
considerations lead an operator to arrive at JFK or EWR without a
reservation and current regulations and enforcement procedures provide
for those cases.

Enforcement of This Order

    The FAA may enforce the final Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 4630 1(a). Under that
provision, a carrier that is not a small business as defined in the
Small Business Act, 15 U.S.C. 632, is liable for a civil penalty of up
to $25,000 for every day that it violates the limits set forth in the
order. An individual or small business, as defined in the Small
Business Act, is liable for a civil penalty of up to $10,000 for every
day that it violates the limits set forth in the Order. The FAA may
also file a civil action in U.S. District Court, under 49 U.S.C. 46106,
46107, seeking to enjoin any entity from violating the terms of the
Order.

Environmental Impact

    The agency order stating FAA policies and procedures with respect
to the environmental impact of FAA activities, FAA order 1015.1E,
identifies FAA actions that are categorically excluded from preparation
of an environmental assessment or environmental impact statement under
the National Environmental Policy Act in the absence of extraordinary
circumstances. The FAA has determined that this Order qualifies for the
categorical exclusion identified in paragraph 312d ``Issuance of
regulatory documents (e.g., Notice of Proposed Rulemaking and issuance
of Final Rules) covering administrative or procedures requirements
(Does not include Air Traffic procedures; specific Air Traffic
procedures that are categorically excluded are identified under
paragraph 311 of this Order.)'' This Order, which proposes a
reservation system to temporarily limit unscheduled operations pending
a future rulemaking, is in the nature of a rule. No extraordinary
circumstance exists that may cause a significant impact and therefore
no further environmental review is required.
    Accordingly, with respect to unscheduled flight operations at JFK
and EWR, the FAA proposes the following ordering language:
    1. This Order applies to persons conducting unscheduled operations
to and from John F. Kennedy International Airport (JFK) and Newark
Liberty International Airport (EWR) from August 28, 2008, through
October 24, 2009, during the hours of 6 a.m., Eastern Time, through
10:59 p.m., Eastern Time, Sunday through Saturday. This Order does not
apply to helicopter operations.
    2. For purposes of this Order:
    ``Additional Reservation'' is an approved reservation above the
operational limit in section 3. Additional Reservations are available
for unscheduled operations only, and are allocated in accordance with
the procedures described in paragraph 7 of this Order.
    ``Airport Reservation Office (ARO)'' is an operational unit of the
FAA's David J. Hurley Air Traffic Control System Command Center. It is
responsible for the administration of reservations for the ``other''
category of operations, i.e. unscheduled flights at High Density
Traffic Airports (14 CFR, part 93, subpart k); unscheduled flights
under Special Traffic Management Programs; unscheduled flights at
LaGuardia Airport; the O'Hare Arrival Reservation Program (excluding
reservations for certain public charter flights allocated in accordance
with section 6 of Special Federal Aviation Regulation No. 105); and
unscheduled flights at JFK and EWR (excluding reservations for certain
public charter flights allocated in accordance with paragraph 6 of this
proposed Order).
    ``Enhanced Computer Voice Reservation System (e-CVRS)'' is the
system used by the FAA to make arrival and/or departure reservations at
designated airports requiring reservations. Reservations are made
through a touch-tone telephone interface, an Internet Web interface, or
directly through the ARO.

    ``Public Charter'' is defined in 14 CFR 380.2 as a one-way or
roundtrip charter flight to be performed by one or more direct air
carriers that is arranged and sponsored by a charter operator.
    ``Public Charter Operator'' is defined in 14 CFR 380.2 as a U.S. or
foreign public charter operator.
    ``Reservation'' is an authorization received in compliance with
applicable Notices to Airmen (NOTAMs) and procedures established by the
FAA to operate an unscheduled flight to or from JFK or EWR during the
restricted hours specified in paragraph 1. ``Unscheduled Operation'' is
an operation other than one regularly conducted and scheduled by an air
carrier or other operator between JFK or EWR and another service point.
Certain types of air carrier operations are considered unscheduled
operations for the purposes of this rule, including but not limited to:
Public, on-demand, and other charter flights; hired aircraft service;
ferry flights; and other non-passenger flights.
    3. Except as provided for in paragraph 7 below, Unscheduled
operations:
    a. To and from JFK are limited to two reservations per hour from 6
a.m. through 1:59 p.m., one reservation per hour from 2 p.m. through
9:59 p.m.; and two reservations per hour from 10 p.m. through 10:59
p.m.
    b. To and from EWR are limited to two reservations per hour from 6
a.m. through 11:59 a.m., one reservation per hour from 12 p.m. through
9:59 p.m.; and two reservations from 10 p.m. through 10:59 p.m.
    4. Each person conducting an unscheduled flight to or from JFK or
EWR during the peak hours described in paragraph 1 must obtain, for
such flight operation, a Reservation allocated by the ARO or, in the
case of public charters, in accordance with the procedures in paragraph
6. A Reservation is not an air traffic control clearance. Additionally,
it is the separate and sole responsibility of the pilot/operator to
comply with all NOTAMs, security or other regulatory requirements to
operate at JFK or EWR.
    5. The reservation procedures are as follows:
    a. The FAA's ARO will receive and process all Reservation requests
for Unscheduled Operations at JFK and EWR during the effective period,
except for requests for public charter flights made more than 72 hours
and up to 6 months in advance of the planned operation. Requests for
Reservations for such public charter flights are addressed in paragraph
6. Reservations are assigned on a ``first-come, first-served'' basis
determined by the time the request is received at the ARO.
    b. The filing of a request for a Reservation does not constitute
the filing of an IFR flight plan as required by regulation. The IFR
flight plan must be filed only after the Reservation is obtained, and
must be filed in accordance with FAA regulations and procedures.
Reservation numbers should be included in the remarks section of the
flight plan. The ARO does not accept or process flight plans.
    c. Operators may obtain Reservations by (1) accessing the Internet;
(2) calling the ARO's interactive computer system via touch-tone
telephone; or (3) calling the ARO directly. The telephone number for
the e-CVRS computer is 1-800-875-9694. This toll free number is valid
for calls originating within the United States, Canada, and the
Caribbean. ``Operators outside those areas may access e-CVRS by calling
the toll number of<PHONE_NUMBER>. The Internet Web address for
accessing e-CVRS is http://www.fly.faa.gov/ecvrs. Operators may contact
the ARO at<PHONE_NUMBER> if they have a technical problem making a
Reservation using the automated interfaces, if they have a question
concerning the procedures, or if they wish to'' make a telephone
Reservation from outside the United States, Canada, or the Caribbean.
    6. The following provisions apply to Public Charter operations:
    a. No more than one Reservation in any hour will be available for
assignment to Public Charters in advance of 72 hours prior to the
operation.
    b. During the hours of 2 p.m. through 9:59 p.m., no more than two
reservations total will be available for assignment to Public Charter
operations in advance of 72 hours prior to operation.
    c. The Public Charter Operator may request a Reservation up to six
months from the date of the flight operation. Reservations should be
submitted to Federal Aviation Administration, Slot Administration
Office, AGC-200, 800 Independence Avenue, SW., Washington, DC 20591.
Submissions may be made by facsimile to<PHONE_NUMBER> or by e-mail to
<EMAIL_ADDRESS>    d. The Public Charter Operator must certify that its prospectus has
been accepted by the Department of Transportation in accordance with 14
CFR part 380.
    e. The Public Charter Operator must identify the call sign/flight
number or aircraft registration number of the direct air carrier, the
date and time of the proposed operations, and aircraft type. For
arrivals, the Public Charter Operator must also identify the origin
airport immediately prior to JFK or EWR, and, for departures, the
Public Charter Operator must also identify the destination airport
immediately following JFK or EWR. Any changes to an approved
Reservation must be approved in advance by the Slot Administration
Office.
    f. If Reservations under paragraph (a) above have been assigned and
are unavailable, the Public Charter Operator may request Reservations
under paragraph 5.
    7. Notwithstanding the restrictions in paragraph 1:
    a. If the Air Traffic Organization determines that ATC weather and
capacity conditions are favorable and significant delay is not likely,
the FAA may determine that Additional Reservations may be accommodated
for a specific time period. Generally, the availability of Additional
Reservations will not be determined more than 8 hours in advance.
Unused Operating Authorizations allocated for scheduled operations may
also be made available as Additional Reservations for Unscheduled
Operations. If available, Additional Reservations will be added to e-
CVRS and granted on a first-come, first served basis using the
procedures described in paragraph 5 of this Order. Reservations for
additional unscheduled operations are not granted by the local ATC
facility and must be obtained through e-CVRS or the ARO.
    b. An operator that has been unable to obtain a Reservation at the
beginning of the 72-hour window may find that a Reservation may be
available on the scheduled date of operation due to Additional
Reservations or cancellations.
    c. ATC will accommodate declared emergencies without regard to
Reservations. Non-emergency flights in support of national security,
law enforcement, military aircraft operations, public-use aircraft
operations, or similar mission-critical flights may be accommodated
above the Reservation limits with the prior approval of the Vice
President, System Operations Services, Air Traffic Organization.
Procedures for obtaining the appropriate waiver are available on the
Internet at the e-CVRS Web site at http://www.fly.faa.gov/ecvrs.
    d. Reservations may not be bought, sold or leased.
    8. The FAA will enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $25,000 for every day that
it violates the limits set forth in this

Order. An individual or small business, as defined in the Small
Business Act, will be liable for a civil penalty of up to $10.000 for
every day that it violates the limits set forth in this Order. The FAA
also could file a civil action in U.S. District Court, under 49 U.S.C.
46106, 46107, seeking to enjoin any entity from violating the terms of
this Order.
    9. The FAA may modify or withdraw any provision in this Order on
its own or on application by any operator for good cause shown.

    Issued in Washington, DC on July 8, 2008.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulation.
[FR Doc. E8-15961 Filed 7-16-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Proposed Rules]
[Pages 47718-47720]
[FR Doc No: 2020-17060]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0552; Airspace Docket No. 18-ANM-11]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Coeur D'Alene, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E surface area airspace
and establish Class E airspace extending upward from 700 feet above the
surface at Coeur D'Alene--Pappy Boyington Field, Coeur D'Alene, ID, to
support the Instrument Flight Rules (IFR) operations under standard
instrument approach and departure procedures at the airport, for the
safety and management of aircraft within the National Airspace System.
Additionally, an editorial change would be made to the legal
description replacing ``Airport/Facility Directory'' with the term
``Chart Supplement'' and updating the name of the airport to match the
FAA aeronautical database.

DATES: Comments must be received on or before September 21, 2020.

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-2020-0552; Airspace Docket No. 18-ANM-11, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; 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 surface area airspace and establish Class E
airspace extending upward from 700 feet AGL at Coeur D'Alene--Pappy
Boyington Field, Coeur D'Alene, ID, to support IFR operations.

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. 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-2020-0552;
Airspace Docket No. 18-ANM-11''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D 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 modifying the Class E surface area
airspace and establishing Class E airspace extending upward from 700
feet above the surface at Coeur D'Alene--Pappy Boyington Field, Coeur
D'Alene, ID.
    The Class E surface airspace 3.5 miles each side of the VOR/DME
251[deg] radial west of the airport would be removed. The lateral
boundary for the area south of the airport would be reduced from 1.8
miles each side of the 183[deg] bearing to 1.3 miles and extend 6 miles
from the airport instead of 8 miles. The additional airspace, in these
two areas, is no longer required to support instrument operations. An
area 1.8 miles each side of the 023[deg] bearing would be added and
extend 5 miles from the airport. This would enable instrument
departures to reach 700 feet AGL before exiting the surface area.
    Class E airspace extending upward from 700 feet above the surface
would be established to within 4.4 miles of the airport with three
areas extending beyond the 4.4-mile radius. One area, 4.4 miles each
side of the 250[deg] bearing, would extend from the airport 14.4 miles
west. This section would accommodate the ILS and RNAV approaches.
Another area would be established 1.3 miles each side of the 183[deg]
bearing and extend from the airport 10 miles south, to support the VOR
approach. The third area would extend 1.8 miles each side of the
023[deg] bearing 8 miles northeast from the airport. This section would
protect aircraft using the Obstacle Departure Procedure. This airspace
is necessary to support IFR approach and departure procedures at the
airport.
    Additionally, an editorial change would be made to the legal
description replacing ``Airport/Facility Directory'' with the term
``Chart Supplement'' and updating the name of the airport to match the
FAA's aeronautical database.
    Class E airspace designations are published in paragraph 6002 and
6005 of FAA Order 7400.11D, dated August 8, 2019, and effective
September 15, 2019, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

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

List of Subjects in 14 CFR 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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM ID E2 Coeur D'Alene, ID [Modified]

Coeur D'Alene--Pappy Boyington Field
    (Lat. 47[deg]46'28'' N, long 116[deg]49'11'' W)

    That airspace within a 4.4-mile radius of the Coeur D'Alene--
Pappy Boyington Field, and within 1.3 miles each side of the
183[deg] bearing extending from the 4.4-mile radius to 6 miles south
of the airport, and that airspace 1.8 miles each side of the
023[deg] bearing extending from the 4.4-mile radius to 5 miles
northeast of the airport. This Class E airspace is effective during
the specific dates and times established in advance by a notice to
airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

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

* * * * *

ANM WA E5 Coeur D'Alene, ID [New]

Coeur d'Alene--Pappy Boyington Field
    (Lat. 47[deg]46'28'' N, long 116[deg]49'11'' W)

    That airspace within a 4.4-mile radius of the Coeur d'Alene--
Pappy Boyington Field, and within 1.3 miles each side of the
183[deg] bearing from the airport extending from the 4.4-mile radius
to 10 miles south of the airport, and that airspace 4.4 miles each
side of the 250[deg] bearing from the Coeur d'Alene--Pappy Boyington
Field extending from the 4.4-mile radius to 14.4 miles west of the
airport and that airspace 1.8 miles each side of the 023[deg]
bearing from the Coeur d'Alene--Pappy Boyington Field extending from
the 4.4-mile radius to 8 miles northeast from the airport.

    Issued in Seattle, Washington, on July 29, 2020.
Byron Chew,
Group Manager, Acting Operations Support Group, Western Service Center.
[FR Doc. 2020-17060 Filed 8-5-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Notices]
[Pages 15408-15410]
[FR Doc No: 2017-06085]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32568; File No. 812-14397]

Spinnaker ETF Trust, et al.

March 22, 2017.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1
under the Act, under sections 6(c) and 17(b) of the Act for an
exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under
section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act. The requested order would

permit (a) actively-managed series of certain open-end management
investment companies (``Funds'') to issue shares redeemable in large
aggregations only (``Creation Units''); (b) secondary market
transactions in Fund shares to occur at negotiated market prices rather
than at net asset value (``NAV''); (c) certain Funds to pay redemption
proceeds, under certain circumstances, more than seven days after the
tender of shares for redemption; (d) certain affiliated persons of a
Fund to deposit securities into, and receive securities from, the Fund
in connection with the purchase and redemption of Creation Units; (e)
certain registered management investment companies and unit investment
trusts outside of the same group of investment companies as the Funds
(``Funds of Funds'') to acquire shares of the Funds; and (f) certain
Funds (``Feeder Funds'') to create and redeem Creation Units in-kind in
a master-feeder structure.

APPLICANTS: OBP Capital, LLC (the ``Initial Adviser''), a Delaware
limited liability company registered as an investment adviser under the
Investment Advisers Act of 1940, Spinnaker ETF Trust (the ``Trust''), a
Delaware statutory trust that is registered under the Act as an open-
end management investment company with multiple series, and Capital
Investment Group, Inc. (the ``Initial Distributor''), a North Carolina
corporation and broker-dealer registered under the Securities Exchange
Act of 1934 (the ``Exchange Act'').

FILING DATES: The application was filed on December 5, 2014, and
amended on April 6, 2015, April 10, 2015, January 13, 2017, and
February 14, 2017.

HEARING OR NOTIFICATION OF HEARING: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on April 17, 2017, and should be accompanied by proof of
service on applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Brent J. Fields, Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants:
the Initial Adviser and the Trust, 116 South Franklin Street, Rocky
Mount, NC 27804; and the Initial Distributor, 100 E. Forks Road, Suite
200, Raleigh, NC 27609.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or Robert H. Shapiro at<PHONE_NUMBER> (Division of
Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Summary of the Application

    1. Applicants request an order that would allow Funds to operate as
actively-managed exchange traded funds (``ETFs'').\1\ Fund shares will
be purchased and redeemed at their NAV in Creation Units only. All
orders to purchase Creation Units and all redemption requests will be
placed by or through an ``Authorized Participant'', which will have
signed a participant agreement with the Distributor. Shares will be
listed and traded individually on a national securities exchange, where
share prices will be based on the current bid/offer market. Certain
Funds may operate as Feeder Funds in a master-feeder structure. Any
order granting the requested relief would be subject to the terms and
conditions stated in the application.
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to the initial
series of the Trust and any future series of the Trust offering
exchange-traded shares, as well as other existing or future open-end
management companies or existing or future series thereof offering
exchange-traded shares (and their respective existing or future
Master Funds, as defined below), that will utilize active management
investment strategies (collectively, ``Future Funds''). Any Future
Fund will (a) be advised by the Initial Adviser or an entity
controlling, controlled by, or under common control with the Initial
Adviser (each, an ``Adviser'') and (b) comply with the terms and
conditions of the application.
---------------------------------------------------------------------------

    2. Each Fund will consist of a portfolio of securities and other
assets and investment positions (``Portfolio Holdings''). Each Fund
will disclose on its Web site the identities and quantities of the
Portfolio Holdings that will form the basis for the Fund's calculation
of NAV at the end of the day.
    3. Shares will be purchased and redeemed in Creation Units and
generally on an in-kind basis. Except where the purchase or redemption
will include cash under the limited circumstances specified in the
application, purchasers will be required to purchase Creation Units by
depositing specified instruments (``Deposit Instruments''), and
shareholders redeeming their shares will receive specified instruments
(``Redemption Instruments''). The Deposit Instruments and the
Redemption Instruments will each correspond pro rata to the positions
in the Fund's portfolio (including cash positions) except as specified
in the application.
    4. Because shares will not be individually redeemable, applicants
request an exemption from section 5(a)(1) and section 2(a)(32) of the
Act that would permit the Funds to register as open-end management
investment companies and issue shares that are redeemable in Creation
Units only.
    5. Applicants also request an exemption from section 22(d) of the
Act and rule 22c-1 under the Act as secondary market trading in shares
will take place at negotiated prices, not at a current offering price
described in a Fund's prospectus, and not at a price based on NAV.
Applicants state that (a) secondary market trading in shares does not
involve a Fund as a party and will not result in dilution of an
investment in shares, and (b) to the extent different prices exist
during a given trading day, or from day to day, such variances occur as
a result of third-party market forces, such as supply and demand.
Therefore, applicants assert that secondary market transactions in
shares will not lead to discrimination or preferential treatment among
purchasers. Finally, applicants represent that share market prices will
be disciplined by arbitrage opportunities, which should prevent shares
from trading at a material discount or premium from NAV.
    6. With respect to Funds that hold non-U.S. Portfolio Holdings and
that effect creations and redemptions of Creation Units in kind,
applicants request relief from the requirement imposed by section 22(e)
in order to allow such Funds to pay redemption proceeds within fifteen
calendar days following the tender of Creation Units for redemption.
Applicants assert that the requested relief would not be inconsistent
with the spirit and intent of section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the actual payment of redemption
proceeds.
    7. Applicants request an exemption to permit Funds of Funds to
acquire Fund shares beyond the limits of section 12(d)(1)(A) of the
Act; and the Funds,

and any principal underwriter for the Funds, and/or any broker or
dealer registered under the Exchange Act, to sell shares to Funds of
Funds beyond the limits of section 12(d)(1)(B) of the Act. The
application's terms and conditions are designed to, among other things,
help prevent any potential (i) undue influence over a Fund through
control or voting power, or in connection with certain services,
transactions, and underwritings, (ii) excessive layering of fees, and
(iii) overly complex fund structures, which are the concerns underlying
the limits in sections 12(d)(1)(A) and (B) of the Act.
    8. Applicants request an exemption from sections 17(a)(1) and
17(a)(2) of the Act to permit persons that are Affiliated Persons, or
Second Tier Affiliates, of the Funds, solely by virtue of certain
ownership interests, to effectuate purchases and redemptions in-kind.
The deposit procedures for in-kind purchases of Creation Units and the
redemption procedures for in-kind redemptions of Creation Units will be
the same for all purchases and redemptions and Deposit Instruments and
Redemption Instruments will be valued in the same manner as those
Portfolio Holdings currently held by the Funds. Applicants also seek
relief from the prohibitions on affiliated transactions in section
17(a) to permit a Fund to sell its shares to and redeem its shares from
a Fund of Funds, and to engage in the accompanying in-kind transactions
with the Fund of Funds.\2\ The purchase of Creation Units by a Fund of
Funds directly from a Fund will be accomplished in accordance with the
policies of the Fund of Funds and will be based on the NAVs of the
Funds.
---------------------------------------------------------------------------

    \2\ The requested relief would apply to direct sales of shares
in Creation Units by a Fund to a Fund of Funds and redemptions of
those shares. Applicants, moreover, are not seeking relief from
section 17(a) for, and the requested relief will not apply to,
transactions where a Fund could be deemed an Affiliated Person, or a
Second-Tier Affiliate, of a Fund of Funds because an Adviser or an
entity controlling, controlled by or under common control with an
Adviser provides investment advisory services to that Fund of Funds.
---------------------------------------------------------------------------

    9. Applicants also request relief to permit a Feeder Fund to
acquire shares of another registered investment company managed by the
Adviser having substantially the same investment objectives as the
Feeder Fund (``Master Fund'') beyond the limitations in section
12(d)(1)(A) and permit the Master Fund, and any principal underwriter
for the Master Fund, to sell shares of the Master Fund to the Feeder
Fund beyond the limitations in section 12(d)(1)(B).
    10. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06085 Filed 3-27-17; 8:45 am]
 BILLING CODE 8011-01-P