[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Proposed Rules]
[Page 54092-54093]
[DOCID:fr18se08-22]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0454; Airspace Docket No. 08-AAL-13]

Proposed Establishment of Class E Airspace; Napakiak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at
Napakiak, AK. Two Standard Instrument Approach Procedures (SIAPs) are
being developed for the Napakiak Airport at Napakiak, AK. Adoption of
this proposal would result in creating Class E airspace upward from 700
feet (ft.) and 1,200 ft. above the surface at the Napakiak Airport,
Napakiak, AK.

DATES: Comments must be received on or before November 3, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0454/Airspace Docket
No. 08-AAL-13, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-0454/
Airspace Docket No. 08-AAL-13.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov or the Superintendent of Document's Web page at http://
www.access.gpo.gov/nara/index.html.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this

notice. Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR Part 71), which would establish Class E airspace at
the Napakiak Airport, in Napakiak, AK. The intended effect of this
proposal is to create Class E airspace upward from 700 ft. and 1,200
ft. above the surface to contain Instrument Flight Rules (IFR)
operations at the Napakiak Airport, Napakiak, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has created two new SIAPs for the Napakiak Airport. The SIAPs
are (1) the Area Navigation (RNAV) Global Positioning System (GPS)
Runway (RWY) 16, Original and (2) the RNAV (GPS) RWY 34, Original.
Class E controlled airspace extending upward from 700 ft. and 1,200 ft.
above the surface in the Napakiak Airport area would be established by
this action. The proposed airspace is sufficient in size to contain
aircraft executing the instrument procedures at the Napakiak Airport,
Napakiak, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 in FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at the Napakiak Airport, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

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

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

* * * * *

AAL AK E5 Napakiak, AK [New]

Napakiak, Napakiak Airport, AK
    (Lat. 60[deg]41'25'' N., long. 161[deg]58'43'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Napakiak Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
84-mile radius of the Napakiak Airport, AK.
* * * * *

    Issued in Anchorage, AK, on September 9, 2008.
Marshall G. Severson.
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-21782 Filed 9-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55959-55961]
[FR Doc No: 2023-17598]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 91

[Docket No. FAA-2023-1351; Notice No. 23-09B]
RIN 2120-AL61

Public Aircraft Logging of Flight Time, Training in Certain
Aircraft Holding Special Airworthiness Certificates, and Flight
Instructor Privileges

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

ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.

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SUMMARY: This action extends the comment period for the notice of
proposed rulemaking, (NPRM), Public Aircraft Logging of Flight Time,
Training in Certain Aircraft Holding Special Airworthiness
Certificates, and Flight Instructor Privileges. On June 23, 2023, the
Federal Aviation Administration (FAA) published this proposed rule. The
NPRM proposed to allow pilots conducting public aircraft operations
(PAO) to credit their flight time towards FAA civil regulatory
requirements. Additionally, the FAA proposed to amend the operating
rules for experimental aircraft to permit certain flight training,
testing, and checking in these aircraft without a letter of deviation
authority (LODA). The FAA proposed to extend the same relief to certain
flight training, testing, and checking in limited category, primary
category, and experimental light sport aircraft. The FAA also proposed
miscellaneous amendments related to recent flight experience, flight
instructor privileges, flight training in certain aircraft holding
special airworthiness certificates, and the related prohibitions on
conducting these activities for compensation or hire. The FAA is
extending the comment period for this NPRM to allow commenters
additional time to analyze the proposed rule and prepare a response.

DATES: The comment period for the NPRM published June 23, 2023 at 88 FR
41194 and scheduled to close on August 22, 2023, is extended until
September 21, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1351
using any of the following methods:
     Federal eRulemaking Portal: Go to 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 (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take 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>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for

accessing the docket or 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: Jabari Raphael, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591; (202)
267-1088; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    On June 23, 2023, the FAA published the NPRM Public Aircraft
Logging of Flight Time, Training in Certain Aircraft Holding Special
Airworthiness Certificates, and Flight Instructor Privileges.\1\ As
directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L.
115-254), the FAA proposed to allow pilots conducting public aircraft
operations (PAO) under Title 49 of the United States Code (U.S.C.)
40102(a)(41) and 40125 to credit their flight time towards FAA civil
regulatory requirements. While section 517 requires the FAA to issue
regulations to allow the logging of flight time in aircraft used in PAO
under direct operational control of forestry and fire protection
agencies, the FAA proposed to more broadly consider all PAO for flight
time. Moreover, the FAA proposed to expand the regulatory framework to
allow pilots serving in PAO as second in command to log flight time,
under certain circumstances. Enabling pilots to log second-in-command
(SIC) time while operating a PAO encourages the use of a second pilot
where one may not be required and increases overall safety in the
National Airspace System (NAS).
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    \1\ 88 FR 41194, corrected at 88 FR 44744.
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    The FAA also proposed to clarify recent flight experience
requirements and the authorized flight training activities under part
61. The FAA proposed to add Sec.  61.57(e)(5) to codify an exception
that, in certain circumstances, would enable a person receiving flight
training to act as pilot-in-command (PIC), even if that person does not
meet the recent flight experience requirements for carrying passengers
under Sec.  61.57(a) or (b). Additionally, the FAA proposed to add
``maintaining or improving skills for certificated pilots'' to the list
of flight instructor privileges found in Sec. Sec.  61.193(a)(7) and
61.413(a)(6) to clarify that flight instructors are authorized to
conduct certain specialized and elective training.
    The proposed rule would also amend part 91 operating rules to
clarify prohibited operations and create limited exceptions to the
general prohibition on carriage of persons for compensation or hire for
flight training, testing, and checking in aircraft holding certain
special airworthiness certificates. Currently, part 91 regulations
broadly prohibit a person from operating certain aircraft with special
airworthiness certificates (i.e., limited category, experimental, or
primary category aircraft) \2\ carrying persons and property for
compensation or hire. These part 91 regulations use broad terms that
the FAA has defined either in regulation (i.e., operate, person) or
through interpretation and guidance (i.e., compensation). The broad
language in these regulations was the subject of recent litigation \3\
that identified a discrepancy between the plain language of the
regulation and the FAA's longstanding application of the regulation to
certain flight training activity. Therefore, the FAA initiated this
rulemaking to remove the requirement for owners (and certain persons
affiliated with owners) to obtain a LODA to accomplish flight training
in their aircraft and to clarify the general prohibition on operating
aircraft with certain special airworthiness certificates while carrying
persons or property for compensation or hire.
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    \2\ Section 21.175(b) identifies special airworthiness
certificates as primary, restricted, limited, light-sport, and
provisional airworthiness certificates, special flight permits, and
experimental certificates.
    \3\ Warbird Adventures, Inc. v. Fed. Aviation Admin., Petition
for Review from an Emergency Cease and Desist Order Issued by the
Federal Aviation Administration on July 28, 2020, Doc. No. 1854466
(D.C. Cir. 2020).
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    During the development of this NPRM, the President signed into law
the James M. Inhofe National Defense Authorization Act for 2023 (2023
NDAA), which included a self-implementing provision that amended the
operating rules to permit certain flight training, testing, and
checking in experimental aircraft without a letter of deviation
authority (LODA). The FAA proposed to extend the same relief to certain
flight training, testing, and checking in limited category, primary
category, and experimental light sport aircraft. The FAA anticipates
that the proposed changes will provide greater access to specialized
training in aircraft with special airworthiness certificates.

II. Extension of Comment Period

    Commenters were instructed to provide comments to the NPRM on or
before August 22, 2023 (i.e., sixty (60) days after publication of the
NPRM). Subsequently, the FAA received a request from the Experimental
Aircraft Association (EAA) to extend the comment period an additional
sixty (60) days.\4\ EAA noted that the proposed rule was published
during one of the busiest months of the year for many communities
affected by this NPRM, EAA, and other industry stakeholders with the
execution of and participation in EAA AirVenture Oshkosh. Additionally,
EAA noted this proposed rule was published concurrently with a number
of other notable FAA proposed rules that the industry and EAA community
have a vested interest in and will be submitting comments on. Given the
significant time commitments during the month of July, not only for EAA
but also for industry stakeholders, as well as the FAA release of other
important proposed rules during the same time frame, EAA requested a
60-day extension to the NPRM comment period.
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    \4\ FAA-2023-1351-0007.
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    The FAA grants the petitioner's request for an extension of the
comment period. The FAA recognizes the importance of the proposed rule
and that an extension would help commenters craft complete and
thoughtful responses. However, the FAA believes that an additional
thirty (30) days provides sufficient opportunity to review the NPRM and
provide comments. With this extension, the comment period will now
close on September 21, 2023. This will provide the public with a total
of ninety (90) days to conduct its review and submit comments to the
docket.
    The FAA will not grant any additional requests to further extend
the comment period for this rulemaking.

III. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The Agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically or commenters should send only one copy

of written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA), 5 U.S.C. 552,
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. Any commentary the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this notice of proposed rulemaking, all comments
received, any final rule, and all background material may be viewed
online at www.regulations.gov using the docket number listed above. A
copy of this rulemaking will be placed in the docket. Electronic
retrieval help and guidelines are available on the website. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's website at www.federalregister.gov and the Government
Publishing Office's website at www.govinfo.gov. A copy may also be
found at the FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

IV. Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal
Regulations, the FAA has reviewed the petitions for extension of the
comment period for this notice. The petitioners have shown a
substantive interest in the proposed policy and good cause for the
extension of the comment period. The FAA has determined that an
extension of the comment period for an additional thirty (30) days to
September 21, 2023 is consistent with the public interest, and that
good cause exists for taking this action.
    Accordingly, the comment period for Notice No. 23-09 is extended
until September 21, 2023.

    Issued under authority provided by 49 U.S.C. 106(f), 44701-
44703, sec. 517 of Pub. L. 115-254, and sec. 5604 of Pub. L. 117-263
in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-17598 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37120-37123]
[FR Doc No: 2020-13209]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89069; File No. SR-ISE-2020-22]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the ISE
Disciplinary Rules in General 5 To Incorporate by Reference The Nasdaq
Stock Market LLC's Series 8000 and 9000 Rules

June 15, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 10, 2020, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the ISE Disciplinary Rules in
General 5 to incorporate by reference The Nasdaq Stock Market LLC's
(``Nasdaq'') Series 8000 and 9000 Rules, currently located under the
General 5 title of the Nasdaq rulebook,\3\ instead of the BX Rules,
which the Exchange currently incorporates by reference.
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    \3\ See Securities Exchange Act Release No. 87778 (December 17,
2019), 84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-098).
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    The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In connection with a recent rule change to relocate the Nasdaq BX,
Inc. (``BX'') Disciplinary Rules under the General 5 title
(``Discipline''),\4\ and incorporate by reference The Nasdaq Stock
Market LLC's (``Nasdaq'') Series 8000 and 9000 Rules, ISE proposes to
similarly incorporate by reference Nasdaq's Series 8000 and 9000 Rules.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 88938 (May 26, 2020), 88
FR 33235 (June 1, 2020) (SR-BX-2020-009).
---------------------------------------------------------------------------

    The BX Disciplinary Rules, which were relocated to General 5 of the
BX Rules,\5\ were replaced with introductory paragraphs that
respectively incorporate by reference the Nasdaq Series 8000 and 9000
Rules (located under the General 5 title in the Nasdaq rulebook).\6\
Currently, ISE incorporates the BX Disciplinary Rules within the Series
8000 and 9000 Rules, which were relocated to General 5 of the BX Rules
with the aforementioned rule change.\7\ At this time, ISE proposes to
incorporate by reference the Nasdaq Series 8000 and 9000 Rules (located
in General 5 Discipline), respectively, and state that such Nasdaq
Rules shall be applicable to Exchange Members, associated persons, and
other persons subject to ISE's jurisdiction.
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    \5\ Id.
    \6\ Id. The Exchange notes that the proposed changes will not
become operative unless and until the Commission approves the
Exchange's request, to be filed pursuant to Section 36 of the
Exchange Act and SEC Rule 0-12 thereunder, for an exemption from the
rule filing requirements of Section 19(b) of the Exchange Act as to
changes to the ISE 8000 Series (New General 5, Section 1) and ISE
9000 Series (New General 5, Section 2) that are effected solely by
virtue of a change to the Nasdaq Series 8000 or 9000 Rules Series.
    \7\ Securities Exchange Act Release No. 88938 (May 26, 2020), 88
FR 33235 (June 1, 2020) (SR-BX-2020-009).
---------------------------------------------------------------------------

    Except as noted below, the Nasdaq Series 8000 and 9000 Rules are
substantially similar to BX's Disciplinary Rules, which the Exchange
currently incorporates by reference. The following discussions identify
the differences between the current BX Disciplinary Rules and the
corresponding Nasdaq Disciplinary Rules to be incorporated by reference
into ISE:
Current BX IM-8310-3(b)
    Current BX Rule 9120(f) provides that ``[t]he term ``Department of
Enforcement'' means the Department of

Enforcement of FINRA Regulation, acting on behalf of the Exchange
pursuant to the FINRA Regulatory Contract.'' \8\ Current BX IM-8310-
3(b), however, uses the term ``Department of Enforcement of FINRA.''
Since Nasdaq IM-8310-3(b) uses the term ``Department of Enforcement''
ISE believes it is appropriate to utilize the Nasdaq terms going
forward and incorporate by reference into the ISE rule.
---------------------------------------------------------------------------

    \8\ This definition mirrors the one in the Nasdaq rulebook under
Rule 9120(f).
---------------------------------------------------------------------------

Current BX Rule 8320
    In 2010, Nasdaq created Rule 7007 (``Collection of Fees'') to
facilitate an efficient method of collecting undisputed or final fees,
fines, charges and/or other monetary sanctions or monies due and owing
to Nasdaq from The Nasdaq Option Market (``NOM'') Participants.\9\
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    \9\ See Securities Exchange Act Release No. 63536 (December 14,
2010), 75 FR 80102 (December 21, 2010) (SR-NASDAQ-2010-163). Nasdaq
Rule 7007 was later relocated to Options Chapter XV, Section 1 and
then moved to its current location under Options 7, Section 1, in
the Nasdaq rulebook shell. See Securities Exchange Act Release No.
66158 (January 13, 2012), 75 FR 80102 (January 13, 2012) (SR-NASDAQ-
2012-006) and Securities Exchange Act Release No.84684 (November 29,
2018), 83 FR 62936 (December 6, 2018) (SR-NASDAQ-2018-098).
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    Similarly, in 2012, BX adopted its options market rules (``BX
Options Market'') to operate as a fully automated, price/time priority
execution system built on the core functionality of NOM.\10\ In its
filing, BX proposed to adopt, under respective Chapter XV, Section 2, a
rule identical to the Nasdaq Collection of Fees rule.\11\ Although, at
the time of its creation, the Nasdaq Collection of Fees rule was cross-
referenced to current Nasdaq Rule 8320(a)(1),\12\ such cross-reference
was not included in the filing that created the BX Options Market. ISE
also has the same Collection of Fees rule,\13\ that is identical to the
Nasdaq rule. Because BX Rule 8320, which ISE incorporates by reference,
does not include a cross-reference to the Collection of Fees rule, ISE
will follow the Nasdaq rule going forward, which has the correct cross-
reference. The Exchange also proposes to add rule text, within General
5, Section 3, to note the distinction between the location of the
Collection of Fees rules. Specifically, the Exchange proposes to add
rule text to provide that references in the Nasdaq 8000 Series to
``Nasdaq's Options 7, Section 1'' shall be read to refer to ISE Options
7, Section 2.
---------------------------------------------------------------------------

    \10\ Securities Exchange Act Release No. 67256 (June 26, 2012),
77 FR 39277 (July 2, 2012) (SR-BX-2012-030). This rule was later
relocated to the BX Rulebook shell. See Securities Exchange Act
Release No. 84326 (October 1, 2018), 83 FR 50414 (October 1, 2018)
(SR-BX-2018-046).
    \11\ Id.
    \12\ See supra note 9.
    \13\ See ISE Options 7, Section 2.
---------------------------------------------------------------------------

    Based on the above, the Exchange believes that it is appropriate
that ISE adopts the aforementioned cross-reference to make the
collection of fees owed to the Exchange more efficient. Therefore, the
Exchange believes that it is appropriate to incorporate by reference
Nasdaq Rule 8320 into ISE Rules.
Current BX Rule 9120
    In 2018, BX amended its Disciplinary Rules to align them with the
investigatory and disciplinary processes of Nasdaq PHLX LLC
(``Phlx'').\14\ As stated in its proposal, the changes to the
``Interested Staff'' concept (which, at the time, was relocated under
9120(r)) were done to conform the BX rule to Phlx's definition. At the
time, however, the proposed harmonizing changes to BX Rule
9120(r)(1)(B) inadvertently excluded the words ``Head of'' and omitted
to add the word ``the''; indeed, the text should have read ``Head of
the Exchange's Regulation Department'' instead of, simply, ``Exchange's
Regulation Department.''
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 84354 (October 3,
2018), 83 FR 50723 (October 9, 2018) (SR-BX-2018-042).
---------------------------------------------------------------------------

    The correct definition, as explained above, would also align with
the term currently defined in Nasdaq Rule 9120(r)(1)(B), which provides
that ``Interested Staff'' shall mean ``an Exchange employee of the
Nasdaq Regulation Department who reports, directly or indirectly, to
the Head of the Nasdaq Regulation Department.''
    The Exchange believes that it is appropriate to apply Nasdaq Rule
9120 and to incorporate it by reference into the ISE rule.
Additionally, the Exchange notes that applying Nasdaq Rule 9120 and
incorporating it by reference into the Exchange rule should correct a
typo in current BX Rule 9120(v) that erroneously uses the term
``RINRA'' instead of the acronym ``FINRA.''
Current BX Rule 9231
    The Exchange proposes to adopt the cross-reference in Nasdaq Rule
9231(c) concerning the appointment of arbitrators pursuant to the FINRA
Rules 12000 and 13000 Series (the ``FINRA Arbitration Rules''). Current
BX Rule 9231(c) provides that arbitrators shall be appointed pursuant
to BX General 6 (``BX Arbitration Rules'').\15\ The BX Arbitration
Rules incorporate by reference the similar Nasdaq arbitration rules
(also under Nasdaq's General 6 title); ISE's arbitration rules within
General 6 also incorporate Nasdaq's arbitration rules; in turn, the
Nasdaq rules incorporate the FINRA Arbitration Rules by reference into
its text. Following the incorporation by reference of Nasdaq Rule 9231,
ISE Rule 9231(c) will directly cross-reference the FINRA Arbitration
Rules, which will not create any differences from the current ISE
rules.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 84476 (October 24,
2018), 83 FR 54630 (October 30, 2018) (SR-BX-2018-048).
---------------------------------------------------------------------------

Current BX Rule 9232
    Currently, Nasdaq Rule 9232(a) provides a cross-reference to
subsections (A) through (D) in Nasdaq Rule 9231(b)(1), whereas current
BX Rule 9232(a) simply provides a reference to BX Rule 9231(b)(1). The
Exchange believes that it is appropriate to apply Nasdaq Rule 9232(a)
and incorporate it by reference into the ISE rule since the Nasdaq rule
contains a more precise cross-reference to Nasdaq Rule 9231(b)(1).
Current BX Rule 9522
    The Exchange proposes to apply and incorporate by reference Nasdaq
Rule 9522 in place of current BX Rule 9522. This proposal amends the
first sentence in current BX Rule 9522(a)(1) by replacing the term
``Exchange's Regulation Department'' with the term ``Department of
Member Regulation'' as currently provided in Nasdaq Rule 9522(a)(1). As
previously indicated by the Exchange,\16\ the FINRA Department of
Member Regulation \17\ currently performs the functions described in
current BX Rule 9522. Therefore, applying the Nasdaq rule and
incorporating it by reference into ISE Rule 9522, provides clarity to
the rule text and aligns it with Nasdaq and Phlx's rules.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 84354 (October 3,
2018), 83 FR 50724 (October 9, 2018) (SR-BX-2018-042).
    \17\ As defined in BX 9120(g).
---------------------------------------------------------------------------

    The ISE introductory paragraphs currently list instances in which
various terms and rules within the BX Disciplinary Rules shall be read
to refer to Exchange specific rules and terms. Replacing references to
``BX'' with ``Nasdaq'' in this introductory paragraph should align the
Nasdaq and ISE rules. All of these specific terms are identical as
between the Nasdaq and BX Rules and, therefore, the term ``BX'' is
being replaced with ``Nasdaq.''
    The Exchange also proposes to remove certain references within ISE
General 5, Section 3, Code of Procedure,

which are no longer necessary because they align with the current rules
referenced within the Nasdaq 9000 Rule Series.\18\ The Exchange also
proposes to amend certain references to Nasdaq Rules, as a result of
the relocation of certain Nasdaq Rules in conjunction with a larger
Rulebook relocation.\19\ Specifically, the Exchange proposes to amend:
(a) Rule 1160 to relocated General 2, Section 11; (b) Equity Rules 2110
and 2120 to relocated General 9, Section 1; \20\ (c) Equity Rule 2150
to relocated General 9, Section 2.\21\ Additionally, as noted above,
the Exchange proposes to add rule text to provide that references in
the Nasdaq 8000 Series to ``Nasdaq's Options 7, Section 1'' shall be
read to refer to ISE Options 7, Section 2.
---------------------------------------------------------------------------

    \18\ The following Nasdaq Rules were relocated in connection
with a Nasdaq rule relocation filing: Rules 0120, 1070, 1160, 4110A,
4120A; Equity Rules 2110, 2120, 2140, 2150; Rule 1000 Series and
Chapter III, Section 16. See Securities Exchange Act Release No.
87778 (December 17, 2019), 84 FR 70590 (December 23, 2019) (SR-
NASDAQ-2019-098) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Relocate Rules From Its Current Rulebook
Into Its New Rulebook Shell).
    \19\ See Securities Exchange Act Release No. 87778 (December 17,
2019), 84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-098) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Relocate Rules From Its Current Rulebook Into Its New Rulebook
Shell).
    \20\ Equity Rule 2120 was more specifically relocated to General
9, Section 1(g), however the Nasdaq Rule 9000 Series only reference
General 9, Section 1.
    \21\ Id.
---------------------------------------------------------------------------

Other Technical Amendments
    Further, the Exchange proposes to amend references to General 5 to
more specific references to the Nasdaq 9000 Series Rules, which
pursuant to the proposed incorporation by reference will become ISE
Rules. Specifically, the Exchange proposes to amend General 1, Section
1 (Definitions); General 3, Section 2 (Denial of and Conditions to
Becoming a Member); General 3, Section 6 (Dissolution and Liquidation
of Members); Options 2A, Section 3 (Sale and Transfer of Market Maker
Rights); Options 6A, Section 1 (Contracts of Suspended Members);
Options 6E, Section 7 (Regulatory Cooperation); Options 9, Section 11
(Other Restrictions on Members); and Options 11, Section 1 (Imposition
of Fines for Minor Rule Violations) to replace references to General 5
to the applicable Nasdaq 9000 Series Rule or Rules. Further, the
Exchange proposes to amend General 1, ``Provisions'' to General 1,
``General Provisions'' to mirror the name of the Chapter on Nasdaq Phlx
LLC, Nasdaq BX, Inc., and Nasdaq.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\22\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\23\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest by consolidating its rules into a single rule
set. The various Nasdaq exchanges (``Affiliated Exchanges'') have filed
similar proposed rule changes to amend and relocate their disciplinary
rules \24\ in order that the Nasdaq 8000 Series and 9000 Series Rules,
which govern the investigative and disciplinary processes, are
similarly consolidated and incorporated by reference.\25\ To the extent
that there will be differences remaining between the two rule sets, the
Exchange notes those differences in introductory paragraphs to each of
ISE's Disciplinary Rules.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ See Securities Exchange Act Release No. 86138 (July 18,
2019), 84 FR 29567 (July 24, 2019) (SR-ISE-2019-17); Securities
Exchange Act Release No. 86346 (July 10, 2019), 84 FR 33999 (July
16, 2019) (SR-GEMX-2019-08); and Securities Exchange Act Release No.
86424 (July 12, 2019), 84 FR 36134 (July 26, 2019) (SR-MRX-2019-15);
and Securities Exchange Act Release No. 87778 (December 17, 2019),
84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-098). Similarly,
Phlx recently submitted a proposal to relocate its disciplinary
rules. See Securities Exchange Act Release No. 88519 (March 31,
2020), 85 FR 19203 (April 6, 2020) (SR-Phlx-2020-09).
    \25\ See Securities Exchange Act Release Nos. 88519 (March 31,
2020), 85 FR 19203 (April 6, 2020) (SR-Phlx-2020-09); and 88938 (May
26, 2020), 88 FR 33235 (June 1, 2020) (SR-BX-2020-009), as well as
SR-GEMX-2020-15 and SR-MRX-2020-12.
---------------------------------------------------------------------------

    Incorporating the Nasdaq Disciplinary Rules by reference into the
ISE Rules, instead of the BX Disciplinary Rules, will conform the
alignment of these rules and permit the rules of Phlx, BX, ISE, Nasdaq
GEMX, LLC and Nasdaq MRX, LLC to be incorporated by reference to one
rule set. This proposal would permit the Nasdaq Series 8000 and 9000
Rules to be the source document for all of the Nasdaq Exchanges'
investigative and disciplinary processes. The Exchange notes that its
current Disciplinary Rules are not substantively changing. The Exchange
desires to conform its rules to give its Members and the members of its
Affiliated Exchanges the ability to quickly locate rules in one central
location and also to have a unified disciplinary rule set.
    The Exchange also believes that the proposal is consistent with
Section 6(b)(6) of the Act,\26\ which requires that the rules of an
exchange provide that its Members be appropriately disciplined for
violations of the Act as well as the rules and regulations thereunder,
or the rules of the Exchange, by expulsion, suspension, limitation of
activities, functions, and operations, fine, censure, being suspended
or barred from being associated with a Member, or any other fitting
sanction.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------

Other Technical Amendments
    These technical amendments are intended to align ISE with other
Nasdaq affiliated markets Rulebooks. Nasdaq Phlx LLC and Nasdaq BX,
Inc. Rulesets are also incorporating by reference the Nasdaq Rules and
those rulesets provide specific references to the Nasdaq disciplinary
rules within the 9000 Series.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that this
rule change does not impose an undue burden on competition because the
Nasdaq Series 8000 and 9000 Rules, which are substantially similar to
BX's Disciplinary Rules, will be incorporated by reference into ISE's
Rules. Those rules will now apply to ISE Members, associated persons,
and other persons subject to the Exchange's jurisdiction. To the extent
that there will be differences remaining between the two rule sets, the
Exchange notes those differences in introductory paragraphs to each of
ISE's Disciplinary Rules. As noted above, the proposed introductory
paragraphs list instances in which cross references in Nasdaq Series
8000 and 9000 Rules to other Nasdaq rules shall be read to refer
instead to the Exchange Rules, and references to Nasdaq terms (whether
or not defined) shall be read to refer to the Exchange-related meanings
of those terms. Because Nasdaq Current Series 8000 and 9000 Rules are
substantially similar to BX's Disciplinary Rules, which ISE currently
incorporates by reference, and because the introductory paragraphs
ensure that any differences are preserved, the proposed changes do not
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    Finally, the Exchange believes that the proposed amendments,
including the technical amendments contained herein, do not impose an
undue burden on competition because the amendments to relocate the
Rules are non-substantive. This rule change is

intended to bring greater clarity to the Exchange's Rules.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \27\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \28\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2020-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2020-22. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2020-22 and should be submitted on
or before July 10, 2020.
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13209 Filed 6-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61038-61040]
[FR Doc No: 2011-24724]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30803; Amdt. No. 3444]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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

DATES: This rule is effective October 3, 2011. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 3, 2011.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to
    http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

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

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

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff

Minimums and ODPS, an effective date at least 30 days after publication
is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on September 16, 2011.
Ray Towles,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

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

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

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

Effective 20 OCT 2011

West Memphis, AR, West Memphis Muni, ILS OR LOC RWY 17, Amdt 5
Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 6, ILS RWY 6 (SA CAT
I), ILS RWY 6 (CAT II), ILS RWY 6 (CAT III), Amdt 37
Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 24, ILS RWY 24 (SA
CAT I), ILS RWY 24 (SA CAT II), Amdt 12
Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 33, Amdt 10
Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 6, Amdt 2
Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 15, Amdt 2
Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 24, Amdt 3
Windsor Locks, CT, Bradley Intl, RNAV (GPS) Y RWY 33, Amdt 2
Windsor Locks, CT, Bradley Intl, RNAV (RNP) Z RWY 6, Orig
Windsor Locks, CT, Bradley Intl, RNAV (RNP) Z RWY 24, Orig
Windsor Locks, CT, Bradley Intl, VOR OR TACAN RWY 6, Orig-B,
CANCELLED
Windsor Locks, CT, Bradley Intl, VOR OR TACAN RWY 15, Amdt 2A,
CANCELLED
Windsor Locks, CT, Bradley Intl, VOR OR TACAN RWY 24, Orig-A,
CANCELLED
Windsor Locks, CT, Bradley Intl, VOR OR TACAN RWY 33, Orig-C,
CANCELLED
Wilmington, DE, New Castle, ILS OR LOC RWY 1, Amdt 23
Daytona Beach, FL, Daytona Beach Intl, ILS OR LOC RWY 25R, Orig
Daytona Beach, FL, Daytona Beach Intl, LOC BC RWY 25R, Amdt 16,
CANCELLED
Daytona Beach, FL, Daytona Beach Intl, RNAV (GPS) RWY 25R, Amdt 3
Fitzgerald, GA, Fitzgerald Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Greenfield, IA, Greenfield Muni, NDB OR GPS RWY 32, Amdt 1,
CANCELLED
Lamoni, IA, Lamoni Muni, Takeoff Minimums and Obstacle DP, Orig
Driggs, ID, Driggs-Reed Memorial, RNAV (GPS) RWY 3, Amdt 1A,
CANCELLED
Driggs, ID, Driggs-Reed Memorial, RNAV (GPS) RWY 3, Orig
Carmi, IL, Carmi Muni, GPS RWY 36, Orig-A, CANCELLED
Carmi, IL, Carmi Muni, RNAV (GPS) RWY 36, Orig
Carmi, IL, Carmi Muni, Takeoff Minimums and Obstacle DP, Amdt 2
Belleville, KS, Belleville Muni, NDB RWY 18, Amdt 5
Belleville, KS, Belleville Muni, NDB RWY 36, Amdt 5
Belleville, KS, Belleville Muni, RNAV (GPS) RWY 18, Orig
Belleville, KS, Belleville Muni, RNAV (GPS) RWY 36, Orig
Belleville, KS, Belleville Muni, Takeoff Minimums and Obstacle DP,
Orig
Ottawa, KS, Ottawa Muni, GPS RWY 17, Orig-A, CANCELLED
Ottawa, KS, Ottawa Muni, GPS RWY 35, Orig, CANCELLED
Ottawa, KS, Ottawa Muni, RNAV (GPS) RWY 17, Orig
Ottawa, KS, Ottawa Muni, RNAV (GPS) RWY 35, Orig
Ottawa, KS, Ottawa Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Topeka, KS, Forbes Field, NDB RWY 13, Amdt 7
Abbeville, LA, Abbeville Chris Crusta Memorial, LOC RWY 16, Orig
Great Barrington, MA, Walter J. Koladza, NDB-A, Amdt 6
Gladwin, MI, Gladwin Zettel Memorial, Takeoff Minimums and Obstacle
DP, Amdt 3
Hastings, MI, Hastings, RNAV (GPS) RWY 12, Orig
Hastings, MI, Hastings, RNAV (GPS) RWY 30, Orig
Hannibal, MO, Hannibal Rgnl, NDB RWY 35, Amdt 4, CANCELLED
Salem, MO, Salem Memorial, Takeoff Minimums and Obstacle DP, Orig
Wayne, NE, Wayne Muni/Stan Morris Field, RNAV (GPS) RWY 18, Amdt 2
Wayne, NE, Wayne Muni/Stan Morris Field, RNAV (GPS) RWY 23, Amdt 1
Wayne, NE, Wayne Muni/Stan Morris Field, RNAV (GPS) RWY 36, Amdt 2
Morristown, NJ, Morristown Muni, Takeoff Minimums and Obstacle DP,
Amdt 6
Pedricktown, NJ, Spitfire Aerodrome, Takeoff Minimums and Obstacle
DP, Amdt 1
New York, NY, John F. Kennedy Intl, Takeoff Minimums and Obstacle
DP, Amdt 8
New York, NY, La Guardia, Takeoff Minimums and Obstacle DP, Amdt 9
Memphis, TN, Memphis Intl, Takeoff Minimums and Obstacle DP, Amdt 3
Dallas, TX, Dallas-Love Field, Takeoff Minimums and Obstacle DP,
Amdt 16
Laredo, TX, Laredo Intl, ILS OR LOC/DME RWY 17R, Amdt 11
Laredo, TX, Laredo Intl, RNAV (GPS) RWY 17R, Amdt 1
Laredo, TX, Laredo Intl, Takeoff Minimums and Obstacle DP, Amdt 4
Palacios, TX, Palacios Muni, Takeoff Minimums and Obstacle DP, Orig
Sweetwater, TX, Avenger Field, NDB RWY 17, Amdt 4
Sweetwater, TX, Avenger Field, RNAV (GPS) RWY 4, Orig
Sweetwater, TX, Avenger Field, RNAV (GPS) RWY 17, Orig
Sweetwater, TX, Avenger Field, RNAV (GPS) RWY 22, Orig
Sweetwater, TX, Avenger Field, RNAV (GPS) RWY 35, Orig
Richlands, VA, Tazewell County, LOC/DME RWY 25, Amdt 1
Richlands, VA, Tazewell County, RNAV (GPS) RWY 25, Amdt 1
Milwaukee, WI, General Mitchell Intl, ILS OR LOC RWY 7R, Amdt 16
Milwaukee, WI, General Mitchell Intl, LOC RWY 25L, Amdt 5
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 7R, Amdt 1
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 19R, Amdt 2
Milwaukee, WI, General Mitchell Intl, RNAV (GPS) RWY 25L, Amdt 1

New Holstein, WI, New Holstein Muni, RNAV (GPS) RWY 14, Orig
New Holstein, WI, New Holstein Muni, RNAV (GPS) RWY 32, Orig
New Holstein, WI, New Holstein Muni, Takeoff Minimums and Obstacle
DP, Orig
New Holstein, WI, New Holstein Muni, VOR/DME-A, Amdt 2

    RESCINDED: On September 15, 2011 (76 FR 56970), the FAA
published an Amendment in Docket No. 30801, Amdt No. 3442 to Part 97
of the Federal Aviation Regulations under section 97.25. The
following entry, effective September 22, 2011, is hereby rescinded
in its entirety:

Abbeville, LA, Abbeville Chris Crusta Memorial, LOC RWY 16, Orig

[FR Doc. 2011-24724 Filed 9-30-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Notices]
[Page 67991-67992]
[DOCID:fr04no10-59]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2010-0978; Control Numbers: 1625-0008]

Information Collection Request to Office of Management and
Budget; OMB

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) and Analysis to the Office of Management and Budget (OMB)
requesting a revision of its approval for the following collection of
information: 1625-0008, Regattas and Marine Parades. Before submitting
this ICR to OMB, the Coast Guard is inviting comments as described
below.

DATES: Comments must reach the Coast Guard on or before January 3,
2011.

ADDRESSES: To avoid duplicate submissions to the docket [USCG-2010-
0978], please use only one of the following means:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (DMF) (M-30), U.S. Department
of Transportation (DOT), West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand Deliver: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    A copy of the ICR is available through the docket on ythe Internet
at http://www.regulations.gov. Additionally, a copy is available from:
Commandant (CG-611), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2100 2nd St., SW., Stop 7101, Washington, DC 20593-7101.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard invites comments on whether this ICR should be
granted based on the collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
collections; (2) the accuracy of the estimated burden of the
collections; (3) ways to enhance the quality, utility, and clarity of
information subject to the collections; and (4) ways to minimize the
burden of the collections on respondents, including the use of
automated collection techniques or other forms of information
technology.
    We encourage you to respond to this request by submitting comments
and related materials. We will post all comments received, without
change, to http://www.regulations.gov. They will include any personal
information you provide. We have an agreement with DOT to use their
DMF. Please see the ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2010-0978], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES; but please
submit them by only one means. If you submit them by mail or delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and will
address them accordingly.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this Notice as being available in the
docket. Enter the docket number for this Notice [USCG-2010-0978] in the
Search box, and click ``Go >>.'' You may also visit the DMF in room
W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act statement regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Information Collection Request

    Title: Regattas and Marine Parades.
    OMB Control Number: 1625-0008.
    Summary: Title 46 U.S.C. 1233 authorizes the Coast Guard to issue
rules promoting safety of life on navigable waters during regattas or
marine events. Title 33 CFR 100.17 and 100.18 include the rules for
providing notice of, and additional information for

permitting regattas/marine events to the Coast Guard.
    Need: The Coast Guard needs to determine whether a marine event may
present a substantial threat to safety of human life on navigable
waters, and which measures are necessary to ensure safety of life
during the events. Sponsors must notify via the most efficient means
for the Coast Guard to learn of the events/address environmental
impacts.
    Forms: CG-4423.
    Respondents: Sponsors of marine events.
    Frequency: On occasion.
    Burden Estimate: The estimated burden has increased from 3,000 to
5,271 hours a year.

    Dated: October 22, 2010.
M. B. Lytle,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. 2010-27844 Filed 11-3-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Rules and Regulations]
[Pages 58459-58460]
[FR Doc No: 2013-23062]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0853; FRL-9832-9]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District, Santa Barbara County Air
Pollution Control District, South Coast Air Quality Management District
and Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the Antelope Valley
Air Quality Management District (AVAQMD), Santa Barbara County Air
Pollution Control District (SBCAPCD), South Coast Air Quality
Management District (SCAQMD) and Ventura County Air Pollution Control
District (VCAPCD) portions of the California State Implementation Plan
(SIP). This action was proposed in the Federal Register on April 29,
2013 and concerns volatile organic compound (VOC) from motor vehicle
and mobile equipment coating operations and from graphic arts
operations. We are approving local rules that regulate these emission
sources under the Clean Air Act (``CAA'' or ``the Act'').

DATES: These rules will be effective on October 24, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0853 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Adrianne Borgia, EPA Region IX, (415)
972-3576<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 29, 2013 (78 FR 25011), EPA proposed to approve the
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
         Local agency          Rule          Rule title             Amended/ revised        Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.......................            1151  Motor Vehicle and Mobile  Amended 6/19/12........         9/21/12
                                                Equipment Coating
                                                Operations.
SBCAPCD......................             339  Motor Vehicle and Mobile  Revised 6/19/08........        10/20/08
                                                Equipment Coating
                                                Operations.
SCAQMD.......................            1151  Motor Vehicle and Mobile  Amended 12/2/05........          4/6/09
                                                Equipment Non-Assembly
                                                Line Coating Operations.
VCAPCD.......................           74.18  Motor Vehicle and Mobile  Revised 11/11/08.......         3/17/09
                                                Equipment Coating
                                                Operations.
VCAPCD.......................           74.19  Graphic Arts............  Revised 6/14/11........         9/27/11
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully approving these rules into the
California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:

     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: June 26, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(361)(i)(A)(3),
(c)(363)(i)(E), (c)(366)(i)(B)(4), (c)(404)(i)(C)(2) and
(c)(423)(i)(D)(2) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (361) * * *
    (i) * * *
    (A) * * *
    (3) Rule 339, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on June 19, 2008.
* * * * *
    (363) * * *
    (i) * * *
    (E) Ventura County Air Pollution Control District.
    (1) Rule 74.18, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on November 11, 2008.
* * * * *
    (366) * * *
    (i) * * *
    (B) * * *
    (4) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations,'' amended on December 2, 2005.
* * * * *
    (404) * * *
    (i) * * *
    (C) * * *
    (2) Rule 74.19, ``Graphic Arts,'' revised on June 14, 2011.
* * * * *
    (423) * * *
    (i) * * *
    (D) * * *
    (2) Rule 1151, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' amended on June 19, 2012.
* * * * *
[FR Doc. 2013-23062 Filed 9-23-13; 8:45 am]
BILLING CODE 6560-50-P