[Federal Register: May 5, 2008 (Volume 73, Number 87)]
[Proposed Rules]
[Page 24513-24515]
[DOCID:fr05my08-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0327]
RIN 1625-AA00

Safety Zone; Swim the Bay Event, Presque Isle Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes establishment of a safety zone for a
Swimming Race in the Captain of the Port Buffalo zone. This proposed
rule is intended to restrict vessels from portions of water during
events that pose a hazard to public safety. The safety zone established
by this proposed rule is necessary to protect spectators, participants,
and vessels from the hazards associated with a Swimming Race.

DATES: Comments and related materials must reach the Coast Guard on or
before June 4, 2008.

ADDRESSES: You may mail comments and related material to Commander,
Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY 14203.
Sector Buffalo Prevention Department maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Sector Buffalo between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact Lieutenant Tracy Wirth, U.S. Coast Guard Sector Buffalo,
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [USCG-2008-
0327], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Buffalo at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with Swimming Races.
Based on recent accidents that have occurred in other Captain of the
Port zones, the Captain of the Port Buffalo, has determined Swimming
races pose significant risks to public safety and property. The likely
combination of large numbers of recreational vessels, congested
waterways, and alcohol use, could easily result in serious injuries or
fatalities.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during events in the Captain of
the Port Buffalo area of responsibility that may pose a hazard to the
public. The proposed safety zone is described in subparagraphs (a) of
this regulation. The proposed safety zone will be enforced only
immediately before and during the event which poses hazard to the
public and only upon notice by the Captain of the Port. The Captain of
the Port Buffalo will cause notice of enforcement of the safety zone
established by this section to be made by all appropriate means to the
affected segments of the public including publication in the Federal
Register in accordance with 33 CFR 165.7(a). Such means of notification
may also include, but are not limited to, Broadcast Notice to Mariners
or Local Notice to Mariners. The Captain of the Port will issue a
Broadcast Notice to Mariners notifying the public when enforcement of
the safety zone established by this section is suspended.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of this safety zone will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. This safety zone will only be enforced immediately
before and during the time the event occurs. Furthermore, this safety
zone has been designed to allow vessels to transit unrestricted to
portions of the waterway not affected by the safety zone. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of this safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the area designated as the safety
zone in subparagraph (a) during the date and time the safety zone is
being enforced. This safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. The safety zone in this proposed rule would be in effect for
short periods of time and only once per year. The safety zone has been
designed to allow traffic to pass safely around the zone whenever
possible and vessels will be allowed to pass through

the zone with the permission of the Captain of the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Tracy Wirth,
Prevention Department, Coast Guard Sector Buffalo, Buffalo, NY at (716)
843-9573. The Coast Guard will not retaliate against small entities
that question or complain about this rule or any policy or action of
the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.

Taking of Private Property

    This proposed rule will not effect the taking of private property
or otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these special local regulations and
fishing rights protection need not be incompatible. We have also
determined that this proposed rule does not have tribal implications
under Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, because it does not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Nevertheless, Indian tribes that have questions concerning the
provisions of this proposed rule or options for compliance are
encouraged to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant impact on the human environment. A preliminary
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from the
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add Sec.  165.T09-006 to read as follows:

Sec.  165.T09-006  Safety Zone; Swim the Bay Event, Presque Isle Bay,
Erie, PA.

    (a) Location. The following area is a temporary safety zone: all
waters of Presque Isle Bay, Erie, PA starting in position
47[deg]07'28'' N, 080[deg]07'50'' W heading northwest to position
42[deg]07'21'' N, 080[deg]08'44'' W then south to 42[deg]07'13'' N,
080[deg]08'46'' W then east to 042[deg]07'15'' N, 080[deg]08'06'' W.
The starting and finishing positions are the Erie Yacht Club.
    (b) Effective Period. This regulation is effective from 9 a.m. to
11 a.m. on June 28, 2007.
    (c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
    (3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Sector Buffalo on
Channel 16, VHF-M.

    Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
 [FR Doc. E8-9814 Filed 5-2-08; 8:45 am]

BILLING CODE 4910-15-P


Comment Info: =================

General Comment:Dear FDA:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about personal vaporizing devices as alternatives to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I used a personal vaporizing device to quit smoking regular cigarettes in January of 2012. I did tons of research on the e-liquid used in the device before starting the venture to make sure I was not going from bad to worse. From my own account I cannot see any reason a pvd and e-liquid are not a safe alternative to regular cigarettes. Since I have been using the pvd I feel better, my breathing is better, I didn’t gain any weight(like in the past when quitting smoking), I am more approachable in public because I don’t smell like an ashtray, and my fingers and teeth are no longer yellow.

I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request as I am an avid “vaper” and an advocate of e-vaping. Thank you, Dale


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8464-8465]
[FR Doc No: 2021-02403]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91031; File No. SR-NYSEArca-2020-98]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, Regarding the
Availability of Information for the iShares Gold Trust, the iShares
Silver Trust, and the iShares S&P GSCI Commodity-Indexed Trust

February 1, 2021.

I. Introduction

    On November 12, 2020, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change regarding the availability of information for the
iShares Gold Trust, the iShares Silver Trust, and the iShares S&P GSCI
Commodity-Indexed Trust (each, ``Trust'' and collectively, ``Trusts'').
The proposed rule change was published for comment in the Federal
Register on November 23, 2020.\3\ On January 8, 2021, NYSE Arca filed
Amendment No. 1 to the proposed rule change, which replaced the
proposed rule change in its entirety.\4\ On December 29, 2020, pursuant
to Section 19(b)(2) of the Exchange Act,\5\ the Commission designated a
longer period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change.\6\ The
Commission has received no comments on the proposal. This order
approves the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90443 (November 17,
2020), 85 FR 74778.
    \4\ In Amendment No. 1, the Exchange clarified certain of the
website disclosure requirements and their origins, provided
additional support for certain arguments supporting its proposal,
and made technical changes. Because Amendment No. 1 clarified and
neither materially altered the substance of the proposed rule change
nor raised any unique or novel regulatory issue, Amendment No. 1 is
not subject to notice and comment. Amendment No. 1 to the proposed
rule change is available at: https://www.sec.gov/comments/sr-nysearca-2020-98/srnysearca202098-8218328-227679.pdf.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 90816, 86 FR 0353
(January 5, 2021) (designating February 21, 2021 as the date by
which the Commission shall approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to disapprove the proposed rule change).
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II. The Exchange's Description of the Proposal, as Modified by
Amendment No. 1

    The Exchange lists shares (collectively, ``Shares'') of the iShares
Gold Trust (formerly the iShares COMEX Gold Trust), the iShares Silver
Trust, and the iShares S&P GSCI Commodity-Indexed Trust. The listing
and trading of shares of the iShares Gold Trust and the iShares Silver
Trust are subject to NYSE Arca Rule 8.201-E, which governs the listing
and trading of Commodity-Based Trust Shares on the Exchange; the
listing and trading of shares of the iShares S&P GSCI Commodity-Indexed
Trust are subject to NYSE Arca Rule 8.203-E, which governs the listing
and trading of Commodity Index Trust Shares on the Exchange. The
listing and trading of the Shares by the Exchange also are subject to
Exchange representations referenced in various Commission releases.\7\
As

discussed further below, the Exchange proposes to amend the
requirements to disclose certain information on the Trusts' websites as
required by the Prior Releases.
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    \7\ See, e.g., Securities Exchange Act Release No. 56041 (July
11, 2007), 72 FR 39114 (July 17, 2007) (SR-NYSEArca-2007-43)
(approving the listing and trading of shares of the iShares COMEX
Gold Trust) (``NYSE Arca Gold Order''); Securities Exchange Act
Release No. 90547 (December 2, 2020), 85 FR 79060 (December 8, 2020)
(SR-NYSEArca-2020-99) (notice of certain changes regarding the
availability of certain information on the websites of the Trusts)
(``NYSE Arca Notice''); Securities Exchange Act Release No. 58956
(November 14, 2008), 73 FR 71074 (November 24, 2008) (SR-NYSEArca-
2008-124) (Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change to List Shares of iShares Silver Trust)
(``NYSE Arca Silver Order''); and Securities Exchange Act Release
No. 56932 (December 7, 2007), 72 FR 71178 (December 14, 2007) (SR-
NYSEArca-2007-112) (approving the listing and trading of shares of
the iShares S&P GSCI Commodity-Indexed Trust) (``GSCI Order''). The
NYSE Arca Gold Order, the Amex Silver Order, the GSCI Order, and the
NYSE Arca Notice are referred to collectively as the ``Prior
Releases.''
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    Under the Prior Releases, each of the Trusts is required to
disseminate on its respective website a calculation of the premium or
discount of the midpoint of the respective bid-ask price against NAV
and data in chart form displaying the frequency distribution of
discounts and premiums of such price against the NAV, within
appropriate ranges for each of the four previous calendar quarters. The
Exchange proposes to instead require each Trust to disseminate via its
website the premium or discount of the Official Closing Price (rather
than the midpoint of the respective bid-ask price) against the NAV as
of the prior business day, expressed as a percentage of such NAV.\8\
Additionally, each Trust would be required to disseminate a table
showing the number of days its shares traded at a premium or discount
during the most recently completed calendar year and the most recently
completed calendar quarters since that year, as well as a line graph
showing the shares' premiums or discounts for the most recently
completed calendar year and the most recently completed calendar
quarters since that year. Other than these changes to the information
disclosed on the Trusts' websites, each of the Trusts would continue to
comply with all other representations referenced in the Prior Releases
(including the website dissemination of other information) and in NYSE
Arca Rules 8.201-E or 8.203-E (as applicable).
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    \8\ The term ``Official Closing Price'' is defined in NYSE Arca
Rule 1.1(ll) as the reference price to determine the closing price
in a security for purposes of Rule 7-E Equities Trading, and the
procedures for determining the Official Closing Price are set forth
in that rule.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\9\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with Section 6(b)(5) of the Act,\10\ which requires, among other
things, that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange states that the proposed alternative disclosures would
be both more specific and more comprehensive than the manner by which
premium or discount information is currently disseminated by the
Trusts. By providing the premium and discount information in a table
and line graph as opposed to only in chart form, and for the previous
calendar year and the most recently completed quarters following such
calendar year as opposed to only for the four previous quarters, the
Trusts would provide market participants with additional information to
assess market pricing of the Shares against their respective NAVs.
Additionally, the Exchange states that, by disseminating the premium or
discount of the Official Closing Price (rather than the midpoint of the
respective bid-ask price) against the NAV as of the prior business day,
the Trusts would utilize more up-to-date and reliable pricing
information available for the Shares compared to midpoints of the bid-
ask prices.
    The Commission believes that the proposed alternative disclosures
will be at least as useful to market participants as the currently
disclosed data with respect to the Shares. Correspondingly, the
Commission believes that the proposed alternative disclosures will not
negatively impact arbitrage opportunities in the Shares that align the
market prices of the Shares with their NAVs. For the foregoing reasons,
the Commission finds that the proposed rule change, as modified by
Amendment No. 1, is consistent with Section 6(b)(5) of the Act \11\ and
the rules and regulations thereunder applicable to a national
securities exchange.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
    \12\ This approval order is based on all of the Exchange's
statements and representations set forth above and in Amendment No.
1 to the proposed rule change.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-NYSEArca-2020-98), as
modified by Amendment No. 1, be, and it hereby is, approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02403 Filed 2-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Rules and Regulations]
[Page 6989-6990]
[DOCID:fr12fe09-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187

Update of August 2001 Overflight Fees

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of establishment of an Aviation Rulemaking Committee on
Overflight Fees.

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SUMMARY: On December 17, 2008, the Acting Administrator of the Federal
Aviation Administration (FAA) approved the Charter of an Aviation
Rulemaking Committee (ARC) created for the purpose of consulting with
the FAA regarding the cost of providing air traffic control and related
services to overflights, and providing advice and recommendations to
the Administrator regarding the future level of FAA's Overflight Fees.
This Notice includes a copy of the Overflight Fees ARC Charter and
information about how to request to participate as a member of the ARC.

FOR FURTHER INFORMATION CONTACT: For more information, please contact
Dave Lawhead, Office of Financial Controls (AFC-300), FAA, Washington,
DC 20591. E-mail<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Overflight Fees ARC Charter is printed
in its entirety immediately following this Notice. Please note that, in
addition to the Chair, and a Vice-Chair, if one is designated, the ARC
will be limited to no more than 15 other members, each of whom will
serve totally at their own expense, with no compensation, per diem, or
reimbursement of expenses of any kind. If more than 15 air carriers,
trade associations, or other system users express an interest in
serving on the Committee, membership will be determined by the FAA. In
making membership selections, the FAA will consider geographic
diversity, operational differences, and the amount of Overflight Fees
paid to the FAA by the requester in fiscal year 2008. If you want to be
considered for selection as a member of the ARC, you need to notify the
contact person listed in this Notice within 30 days of the date of
publication of the Notice.

    Issued in Washington, DC, on February 5, 2009.
Ramesh K. Punwani,
Assistant Administrator for Financial Services/CFO, Federal Aviation
Administration.

Order

Federal Aviation Administration Overflight Fee Aviation Rulemaking
Committee Charter

    1. Purpose. This order constitutes the charter for the Overflight
Fee Aviation Rulemaking Committee (the ``Committee'') that is
designated and established pursuant to the Administrator's authority
under 49 U.S.C. 106(p)(5).
    2. Distribution. This order is distributed at the director level in
Washington headquarters and throughout the Office of the Associate
Administrator for Financial Services and the Air Traffic Organization.
    3. Background. Section 273 of the Federal Aviation Reauthorization
Act of 1996, 49 U.S.C. 45301 (the ``1996 Act''), authorized the FAA to
impose fees on aircraft that traverse U.S.-controlled airspace but
neither take off nor land in the United States. Under the 1996 Act,
``[s]ervices for which costs may be recovered include the costs of air
traffic control, navigation, weather services, training and emergency
services which are available to facilitate safe transportation over the
United States, and other services provided by the Administrator or by
programs financed by the Administrator to flights that neither take off
nor land in the United States.'' 49 U.S.C. 45301(b)(1)(B). At the time
of its enactment, section 273 provided that the FAA Administrator
``shall ensure that each of the [overflight] fees * * * is directly
related to the Administration's costs * * * of providing the service
rendered.'' 49 U.S.C. 45301(b)(1)(B)(1996). In November 2001, Section
273 was amended to state that the Administrator

``shall ensure that each of the fees * * * is reasonably related to the
Administration's costs, as determined by the Administrator, of
providing the service rendered * * *.'' Section 119(d) of the Aviation
and Transportation Security Act of 2001, Public Law 107-71.
    4. Objective. The Administrator deems it appropriate to create the
Overflight Fees Aviation Rulemaking Committee to obtain advice and
recommendations on the appropriate amounts for future Overflight Fees.
    5. Duties. The Committee is to evaluate information regarding the
services rendered to overflights by the FAA and the costs of providing
those services to overflights, and, based on that evaluation, to make
recommendations regarding future overflight fee increases. The
Committee shall provide its recommendations to the Administrator by a
deadline to be determined by the Chair, which may be modified by the
Administrator.
    6. Organization and Administration.
    a. The Committee shall be led by the Chair, who shall be a full-
time employee of the FAA appointed by the Assistant Administrator for
Financial Services. The Chair may designate a Vice Chair, who shall not
be employed by the FAA and who shall be a representative of foreign air
carriers or trade associations of those carriers, or other system users
who are subject to Overflight Fees.
    b. In addition to the Chair and Vice Chair, the Committee shall be
comprised of not more than 15 members, who shall be employees or other
representatives of the foreign air carriers (or trade associations of
those carriers) or other system users that are subject to the FAA's
Overflight Fees. The members shall be selected by the Associate
Administrator for Financial Services and, to the extent possible, the
membership also shall be geographically diverse and include
representatives that conduct primarily enroute overflights and
primarily oceanic overflights. Each member may designate one
representative and one alternate to serve on the Committee. Each member
of the Committee shall have one vote.
    c. Members may permit their employees and consultants (including
financial, technical and legal professionals) to attend any Committee
meeting and review Committee documents.
    d. Additional FAA personnel may participate, as directed by the
Chair, as adjunct non-members of the Committee.
    e. The Assistant Administrator for Financial Services is the
sponsor of the Committee. The Associate Administrator for Financial
Services shall receive all Committee recommendations and reports. The
Associate Administrator shall also be responsible for providing
administrative support for the Committee and shall provide a
secretariat. The Chair shall be responsible for establishment of the
procedures, consistent with this charter, under which the Committee
shall operate.
    f. Meetings shall be held as frequently as needed, as determined
solely by the Chair.
    g. The Chair shall arrange notification to all members of the time,
place and agenda for any meeting through the secretariat and shall
ensure that, to the extent practicable, any materials to be considered
at the meeting are distributed to Committee members in advance. The
Committee is not required to keep minutes, but the Chair may elect to
do so. Committee recommendations to the Administrator must be approved
by at least a two-thirds vote of the members. The Chair shall have the
right to submit a separate report or recommendation to the
Administrator.
    7. Compensation. All non-government Committee members shall serve
without compensation from the U.S. government, and shall bear all costs
related to their participation on the Committee.
    8. Public Participation. Unless otherwise decided by the Chair, all
meetings of the Committee shall be closed. Interested persons wishing
to attend a meeting who are not members of the Committee (or employees
or consultants invited by a member) must request and receive approval
in advance of the meeting from the Chair.
    9. Availability of Records. Subject to the provisions of the
Freedom of Information Act, Title 5 U.S.C. 522, records, reports,
agendas, working papers, and other documents that are made available
to, prepared by, or prepared for the Committee shall be available for
public inspection and copying at the FAA Office of Rulemaking, 800
Independence Avenue, SW., Washington, DC 20591. Fees shall be charged
for the information furnished to the public in accordance with the fee
schedule published in part 7 of title 49, Code of Federal Regulations.
    10. Public Interest. The formation of the Committee is determined
to be in the public interest in connection with the performance of
duties imposed on the FAA by law.
    11. Effective Date and Duration. This order is effective
immediately. The Committee shall remain in existence for two years
after the effective date of this Order unless sooner terminated or
extended by the Administrator.

    Dated: December 17, 2008.
Robert A. Sturgell,
Acting Administrator.
 [FR Doc. E9-2985 Filed 2-11-09; 8:45 am]

BILLING CODE 4910-13-P