Revocation of Class E Airspace; Brownsville, PA, 54139-54140 [2022-18958]

Download as PDF Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 History [Docket No. FAA–2022–0661; Airspace Docket No. 22–AEA–10] RIN 2120–AA66 Revocation of Class E Airspace; Brownsville, PA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action removes Class E airspace in Brownsville, PA, as Brownsville General Hospital Heliport has been abandoned and controlled airspace is no longer required. This action enhances the safety and management of controlled airspace within the national airspace system. DATES: Effective 0901 UTC, November 3, 2022. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_ traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305–6364. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 SUMMARY: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it removes Class E airspace extending upward from VerDate Sep<11>2014 15:55 Sep 01, 2022 700 feet above the surface at Brownsville General Hospital Heliport, Brownsville, PA, due to the closing of the heliport. Jkt 256001 The FAA published a notice of proposed rulemaking in the Federal Register (87 FR 32374, May 31, 2022) for Docket No. FAA–2022–0661 to remove Class E airspace extending upward from 700 feet above the surface at Brownsville General Hospital Heliport, Brownsville, PA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in Paragraph 6005 of FAA Order JO 7400.11F, dated August 10, 2021, and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in FAA Order JO 7400.11. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic routes, and reporting points. The Rule The FAA is amending 14 CFR part 71 by removing Class E airspace extending upward from 700 feet above the surface at Brownsville General Hospital Heliport, Brownsville, PA, as the heliport has closed. Therefore, the airspace is no longer necessary. This action enhances the safety and management of controlled airspace within the national airspace system. Class E airspace designations are published in Paragraph 6005 of FAA Order JO 7400.11F, dated August 10, 2021, and effective September 15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the FAA Order JO 7400.11. FAA Order JO 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 54139 Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. 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 minimal. Since this is a routine matter that only affects air traffic procedures an air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * E:\FR\FM\02SER1.SGM * * 02SER1 * * 54140 AEA PA E5 Federal Register / Vol. 87, No. 170 / Friday, September 2, 2022 / Rules and Regulations Brownsville, PA [Removed] The Commission is amending the rules listed in the table below. SUPPLEMENTARY INFORMATION: Issued in College Park, Georgia, on August 29, 2022. Lisa Burrows, Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization. AMENDMENTS Commission reference CFR citation (17 CFR) [FR Doc. 2022–18958 Filed 9–1–22; 8:45 am] Rule Rule Rule Rule Rule Rule BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–95620; File No. S7–07–22] RIN 3235–AN03 Whistleblower Program Rules Securities and Exchange Commission. ACTION: Final rule. AGENCY: The Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) is adopting amendments to the Commission’s rules implementing its whistleblower program. Section 21F of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) and the Commission’s implementing rules provide that the Commission shall pay an award to eligible whistleblowers who voluntarily provide the Commission with original information about a violation of the federal securities laws that leads to the successful enforcement of a covered judicial or administrative action or a non-SEC related action. The amendments: expand the scope of related actions eligible for an award under the Commission’s whistleblower program; clarify that the Commission may use its statutory authority under Section 21F to consider the dollar amount of a potential award to increase an award but provide that the Commission will not use any statutory authority it might have to decrease the amount of an award; and make several conforming changes and technical corrections. SUMMARY: The final rules are effective October 3, 2022. These amendments will apply to any whistleblower award application that is pending with the Commission as of that date, and to all future-filed award applications. FOR FURTHER INFORMATION CONTACT: Emily Pasquinelli, Office of the Whistleblower, Division of Enforcement, at (202) 551–5973, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. lotter on DSK11XQN23PROD with RULES1 DATES: 15:55 Sep 01, 2022 § 240.21F–3 § 240.21F–4 § 240.21F–6 § 240.21F–8 § 240.21F–10 § 240.21F–11 I. Introduction 17 CFR Part 240 VerDate Sep<11>2014 21F–3 ........................... 21F–4 ........................... 21F–6 ........................... 21F–8 ........................... 21F–10 ......................... 21F–11 ......................... Jkt 256001 The Commission’s whistleblower rules, which are codified at 17 CFR 240.21F–1 through 17 CFR 240.21F–18, provide the operative definitions, requirements, standards, and processes implementing the SEC’s whistleblower program. The amendments being adopted make several changes to those rules. First, the Commission is amending 17 CFR 240.21F–3(b)(3) or Rule 21F–3(b)(3) (hereinafter ‘‘the Multiple-Recovery Rule’’) to revise the definition of ‘‘related action.’’ A whistleblower may be eligible for an award from the SEC for certain non-SEC actions that meet the definition of a related action under our rules. The Multiple-Recovery Rule currently provides that when both the SEC’s award program and another award program might apply to a nonSEC action, that action will be deemed a related action for purposes of an award from the Commission only if the SEC’s whistleblower program has the ‘‘more direct or relevant connection’’ to the action. The amended MultipleRecovery Rule provides additional circumstances in which a non-SEC action may qualify as a related action without regard to whether the Commission’s program has the more direct or relevant connection to the action. Specifically, under the amended Multiple-Recovery Rule, a non-SEC action may qualify as a related action: • When the non-SEC award program has an award range or fixed-dollar award cap that could yield an award that is meaningfully lower than what could be awarded under the Commission’s whistleblower program; • When the decision to grant an award under the non-SEC program is discretionary, even when any specified award criteria and eligibility requirements have been satisfied; and • When the maximum award the Commission could potentially pay on the non-SEC action does not exceed $5 million (‘‘$5-million provision’’). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Second, the Commission is amending Rule 21F–6, which concerns the Commission’s discretion to apply award factors and set award amounts. A new paragraph 21F–6(d) provides that the Commission may exercise its authority to consider the dollar amount of a potential award when making an award determination only for the purpose of increasing, not decreasing, the award amount. The Commission is also adopting conforming amendments to Rules 21F– 10 and 21F–11, as well as technical revisions to Rules 21F–4(c) and 21F–8 that correct errors in the rule text. II. Description of Final Rule Amendments A. Rule 21F–3(b)(3) Amendments Concerning Non-SEC Actions That Involve at Least One Other Award Program Under Exchange Act Section 21F, a whistleblower who obtains an award based on a Commission covered action also may be eligible for an award based on monetary sanctions that are collected in a related action. Exchange Act Section 21F(a)(5) and Exchange Act Rule 21F–3(b)(1) provide that a non-SEC judicial or administrative action must meet certain conditions to potentially qualify as a related action. First, the action must be brought by the United States Department of Justice (‘‘DOJ’’), an appropriate regulatory authority (as defined in Exchange Act Rule 21F–4(g)), a self-regulatory organization (as defined in Exchange Act Rule 21F–4(h)), or a state attorney general in a criminal case. Second, the same original information that the whistleblower gave to the Commission must also have led to the successful enforcement of the non-SEC action. The Multiple-Recovery Rule imposes additional requirements for a non-SEC action to qualify as a related action where both the SEC’s whistleblower program and at least one other, separate whistleblower program could potentially apply to the action. Rule 21F–3(b)(3) authorizes the Commission to pay an award on such an action only if the Commission determines that the SEC’s whistleblower program has the more direct or relevant connection to the non-SEC action based on: (i) the relative extent to which the misconduct involved in the non-SEC action implicates the policy considerations underlying the Federal securities laws (such as investor protection) rather than other law-enforcement or regulatory interests; (ii) the degree to which the monetary sanctions imposed in the nonSEC action are attributable to conduct E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Rules and Regulations]
[Pages 54139-54140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18958]



[[Page 54139]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0661; Airspace Docket No. 22-AEA-10]
RIN 2120-AA66


Revocation of Class E Airspace; Brownsville, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes Class E airspace in Brownsville, PA, as 
Brownsville General Hospital Heliport has been abandoned and controlled 
airspace is no longer required. This action enhances the safety and 
management of controlled airspace within the national airspace system.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the 
Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support 
Group, Eastern Service Center, Federal Aviation Administration, 1701 
Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-6364.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
as it removes Class E airspace extending upward from 700 feet above the 
surface at Brownsville General Hospital Heliport, Brownsville, PA, due 
to the closing of the heliport.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (87 FR 32374, May 31, 2022) for Docket No. FAA-2022-0661 to 
remove Class E airspace extending upward from 700 feet above the 
surface at Brownsville General Hospital Heliport, Brownsville, PA.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal to the FAA. No 
comments were received.
    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11F, dated August 10, 2021, and effective September 
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations 
and Reporting Points, dated August 10, 2021, and effective September 
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the 
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class 
A, B, C, D, and E airspace areas, air traffic routes, and reporting 
points.

The Rule

    The FAA is amending 14 CFR part 71 by removing Class E airspace 
extending upward from 700 feet above the surface at Brownsville General 
Hospital Heliport, Brownsville, PA, as the heliport has closed. 
Therefore, the airspace is no longer necessary. This action enhances 
the safety and management of controlled airspace within the national 
airspace system.
    Class E airspace designations are published in Paragraph 6005 of 
FAA Order JO 7400.11F, dated August 10, 2021, and effective September 
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class 
E airspace designations listed in this document will be published 
subsequently in the FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
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 minimal. Since this is a routine matter that only 
affects air traffic procedures an air navigation, it is certified that 
this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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


Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11F, 
Airspace Designations and Reporting Points, dated August 10, 2021, and 
effective September 15, 2021, is amended as follows:

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

* * * * *

[[Page 54140]]

AEA PA E5 Brownsville, PA [Removed]

    Issued in College Park, Georgia, on August 29, 2022.
Lisa Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air 
Traffic Organization.
[FR Doc. 2022-18958 Filed 9-1-22; 8:45 am]
BILLING CODE 4910-13-P
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