Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 72407 

9See Notice of Advisory Opinion Procedure, 74 

FR 32160. 

10Petition at 4. 

11 Id. at 1. 

12Rulemaking Petition: Advisory Opinion 

Procedures, 83 FR 62283 (Dec. 3, 2018). 

13Comment from Campaign Legal Center at 2. 

14 Id. 

any draft AOs; if the Commission does 

not release a copy of all draft AOs under 

consideration at least one week before 

the open meeting at which the draft AOs 

are to be considered, the requestor is 

automatically entitled to appear before 

the Commission at that meeting.9

On February 10, 2016, the 

Commission received a Petition for 

Rulemaking from Make Your Laws PAC, 

Inc., Make Your Laws Advocacy, Inc., 

Make Your Laws, Inc., and Dan Backer, 

Esq. (‘‘Petition’’). The Petition asked the 

Commission to amend 11 CFR 112.3 to 

provide a right to the public to comment 

on draft AOs with a fixed comment 

period and a requirement that the 

Commission publish ‘‘redlines’’—copies 

of documents showing the differences 

between drafts—when releasing 

multiple draft AOs.10 The Petition 

argued that the ‘‘spirit of the rule is to 

encourage the public to participate in 

the Commission’s decision-making 

process. However, without the 

corresponding draft opinions, requests 

alone may not enable the public to fully 

appreciate the impact of such requests 

or to make fully informed comments.’’ 11

The Commission published a 

Notification of Availability (‘‘NOA’’) on 

December 3, 2018, asking for public 

comment on the Petition.12 The 

Commission received one comment in 

response to the NOA. The comment 

supported the Petition for several 

reasons. The comment argued that 

amending the regulation as proposed by 

the Petition would bring greater 

‘‘transparency to the Commission’s 

advisory opinion process and to ensure 

the public has a meaningful opportunity 

to weigh in’’ before the Commission 

votes on the drafts.13 The comment 

further stated that allowing comments 

on AO drafts is important because AOs, 

‘‘in practice, often provide general 

answers to unresolved legal questions in 

a manner that affects broad categories of 

individuals and entities.’’ 14

After considering the Petition and the 

comment, the Commission has decided 

not to initiate a rulemaking at this time. 

As outlined here, the Act and existing 

regulations provide for a meaningful 

opportunity for public comment on 

AORs; adding to that, the Commission 

has substantially expanded 

opportunities for public comment by 

committing to releasing draft AOs in 

advance, soliciting comments on those 

drafts, and allowing AOR requestors to 

appear before the Commission when 

their AOR and any draft AOs are being 

considered. 

Neither the Act nor existing 

Commission regulations require the 

Commission to accommodate this level 

of public participation in the AO 

drafting process. However, the Act and 

accompanying regulations do impose 

strict timing requirements on when the 

Commission must respond to AORs: as 

soon as 20 days and in no event later 

than 60 days after receiving a complete 

AOR. These are binding, bright-line 

requirements; the Commission cannot 

bend or break them. As a result, the 

Commission must balance its strict 

obligations under Federal law with any 

desire it may have to encourage 

participation by requestors and the 

public. To date, the Commission has 

done so by adopting policies that 

expand opportunities for public 

participation wherever possible while 

still retaining the flexibility the 

Commission requires to meet its 

obligations under Federal law. Those 

obligations are not insignificant; the 

Commission notes that 10 of the 20 or 

60 days it is allotted to respond to a 

typical AOR are devoted to receiving 

public comments, each of which the 

Commission must consider in addition 

to analyzing the facts and materials 

submitted with the AOR, researching 

relevant legal authority, developing a 

legal theory and draft response, 

circulating drafts, and building a 

majority consensus behind a final 

opinion the Commission can approve. 

For that reason, the Commission 

believes that creating additional, 

expanded, and strictly defined rights to 

public comment on draft AOs is not 

necessary and would likely prove 

unworkable within the Commission’s 

short deadlines for issuing AOs. 

Requiring the Commission to devote 

resources to marking up and circulating 

one or multiple draft AOs within a fixed 

timeframe, as proposed by the Petition, 

would unduly constrain the 

Commission in ways that could impair 

its ability to timely and effectively 

respond to AORs. The potential adverse 

effects of this constraint outweigh any 

prospective benefit to public input or 

transparency, particularly in light of the 

Commission’s existing policies ensuring 

robust public engagement. 

For the above reasons, the 

Commission therefore declines to 

commence a rulemaking to amend its 

regulation at 11 CFR 112.3 to provide a 

right to comment on one or multiple 

advisory opinion drafts a certain 

amount of time in advance of the 

Commission meeting at which those 

drafts will be discussed and to require 

the Commission to release ‘‘redlines’’ 

showing edits among multiple drafts. 

Copies of the Comments and the 

Petition are available on the 

Commission’s website, https://

www.fec.gov/fosers/ (REG 2016–01 

Advisory Opinion Procedures) and at 

the Commission’s Public Records Office, 

1050 First Street NE, Washington, DC, 

Monday through Friday between the 

hours of 9 a.m. and 5 p.m. 

Dated: October 16, 2023. 

On behalf of the Commission, 

Dara Lindenbaum, 

Chair, Federal Election Commission. 

[FR Doc. 2023–23124 Filed 10–19–23; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2027; Airspace 

Docket No. 23–AMN–15] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Antone Ranch Airport, Mitchell, OR 

(64OG) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace extending 

upward from 700 feet above the surface 

at Antone Ranch Airport, Mitchell, OR, 

in support of the airport’s forthcoming 

transition from visual flight rules (VFR) 

to instrument flight rules (IFR) 

operations. 

DATES: Comments must be received on 

or before December 4, 2023. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2027 

and Airspace Docket No. 23–AMN–15 

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, 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 


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72408 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

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. 

FAA Order JO 7400.11H, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Drasin, Federal Aviation 

Administration, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–2248. 

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 the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

establish Class E airspace to support IFR 

operations at Antone Ranch Airport, 

Mitchell, OR. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. 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. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 2200 S. 

216th Street, Des Moines, WA 98198. 

Incorporation by Reference 

The Class E5 airspace designation is 

published in paragraph 6005, of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document proposes to amend the 

current version of that order, FAA Order 

JO 7400.11H, dated August 11, 2023, 

and effective September 15, 2023. These 

updates would be published in the next 

update to FAA Order JO 7400.11. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 that would establish 

Class E airspace extending upward from 

700 feet above the surface at Antone 

Ranch Airport, Mitchell, OR, in support 

of the airport’s forthcoming transition 

from VFR to IFR operations. 

This airspace would extend 8.4 miles 

east and 10.4 miles west and northwest 

of the airport reference point (ARP). The 

configuration is designed to contain 

departing and missed approach IFR 

operations until reaching 1,200 feet 

above the surface on the Runway (RWY) 

7 and RWY 25 RIFTE ONE (OBSTACLE) 

Area Navigation (RNAV) departures, 

and the RNAV (Global Positioning 

System [GPS]) M RWY 25 missed 

approach. Additionally, this proposal is 

designed to contain arriving IFR 

operations below 1,500 feet above the 

surface on the RNAV (GPS) M RWY 25 

approach. This action would support 

the safety and management of IFR 

operations at the airport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 


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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 72409 

1Section 302 of the Employee Retirement Income 

Security Act of 1974, Public Law 93–406, 88 Stat. 

829 (1974), as amended (ERISA), sets forth funding 

rules that are parallel to those in section 412 of the 

Code, and section 303 of ERISA sets forth 

additional funding rules for defined benefit plans 

(other than multiemployer plans) that are parallel 

to those in section 430 of the Code. Pursuant to 

section 101 of Reorganization Plan No. 4 of 1978, 

5 U.S.C. App., as amended, the Secretary of the 

Treasury has interpretive jurisdiction over the 

subject matter addressed in these proposed 

regulations for purposes of ERISA, as well as the 

Code. Thus, these proposed Treasury regulations 

issued under section 430 of the Code would also 

apply for purposes of section 303 of ERISA. 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM WA E5 Mitchell, OR [New] 

Antone Ranch Airport, OR 

(Lat. 44°29′34′′ N, long. 119°50′38′′ W) 

That airspace extending upward from 700 

feet above the surface within 2.2 miles either 

side of the 098° bearing extending to the 

airport 8.4-mile radius, and within 2.2 miles 

either side of the 278° bearing extending to 

the airport 10.4-mile radius, and within an 

area bounded by a line beginning at the 290° 

bearing at 10.4 miles, then clockwise along 

the airport’s 10.4-mile radius to the 317° 

bearing, to the 327° bearing at 7.1 miles, to 

the 310° bearing at 4.1 miles, thence to the 

point of beginning. 

* * * * * 

Issued in Des Moines, Washington, on 

October 13, 2023. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2023–23128 Filed 10–19–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–103525–23] 

RIN 1545–BQ67 

Plan-Specific Substitute Mortality 

Tables for Determining Present Value 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document sets forth 

proposed regulations that would update 

the requirements that a plan sponsor of 

a single-employer defined benefit plan 

must meet to obtain IRS approval to use 

mortality tables specific to the plan in 

calculating present value for minimum 

funding purposes (as a substitute for the 

generally applicable mortality tables). 

These regulations would affect 

participants in, beneficiaries of, 

employers maintaining, and 

administrators of certain retirement 

plans. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by December 19, 2023. 

ADDRESSES: Commenters are strongly 

encouraged to submit public comments 

electronically. Submit electronic 

submissions via the Federal 

eRulemaking Portal at 

www.regulations.gov (indicate IRS and 

REG–103525–23) by following the 

online instructions for submitting 

comments. Requests for a public hearing 

must be submitted as prescribed in the 

‘‘Comments and Requests for a Public 

Hearing’’ section. Once submitted to the 

Federal eRulemaking Portal, comments 

cannot be edited or withdrawn. The 

Department of the Treasury (Treasury 

Department) and the IRS will publish 

for public availability any comments 

submitted to the IRS’s public docket. 

Send paper submissions to: 

CC:PA:LPD:PR (REG–103525–23), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the regulations, Arslan 

Malik or Linda S. F. Marshall at (202) 

317–6700 (not a toll-free number); 

concerning submissions of comments 

and requests for a public hearing, Vivian 

Hayes at (202) 317–6901 (not a toll-free 

number) or by sending an email to 

publichearings@irs.gov (preferred). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 412 of the Internal Revenue 

Code (Code) prescribes minimum 

funding requirements for defined 

benefit pension plans. Section 430 

specifies the minimum funding 

requirements that apply generally to 

defined benefit plans that are singleemployer plans (that is, not 

multiemployer plans).1 For a plan 

subject to section 430, section 430(a) 

defines the minimum required 

contribution for a plan year by reference 

to the plan’s funding target for the plan 

year. Under section 430(d)(1), a plan’s 

funding target for a plan year generally 

is the present value of all benefits 

accrued or earned under the plan as of 

the first day of that plan year. 

Section 430(h)(3) provides rules 

regarding the mortality tables to be used 

under section 430. Under section 

430(h)(3)(A), except as provided in 

section 430(h)(3)(C) or (D), the Secretary 

is to prescribe by regulation mortality 

tables to be used in determining any 

present value or making any 

computation under section 430. Section 

430(h)(3)(C) prescribes rules for a plan 

sponsor’s use of substitute mortality 

tables reflecting the specific mortality 

experience of a plan’s population 

instead of using the generally applicable 

mortality tables. Under section 

430(h)(3)(C), the plan sponsor may 

request the Secretary’s approval to use 

plan-specific substitute mortality tables 

that meet requirements specified in the 

statute. If the Secretary determines that 

the proposed tables meet the statutory 

standards and approves the request, the 

substitute mortality tables are used to 

determine present values and make 

computations under section 430 during 

the period of consecutive plan years 

(not to exceed 10) specified in the 

request. 

Under section 430(h)(3)(C)(iii), a 

substitute mortality table may be used 

for a plan only if: (1) the plan has a 

sufficient number of plan participants 

and has been maintained for a sufficient 

period of time to have credible mortality 

information necessary to create a 

substitute mortality table; and (2) the 

table reflects the actual mortality 

experience of the plan’s participants 

and projected trends in general 

mortality experience. Except as 

provided by the Secretary, a plan 

sponsor may not use substitute 

mortality tables for any plan unless 

substitute mortality tables are 

established and used for each plan 

maintained by the plan sponsor or a 

member of its controlled group. 

Final regulations (TD 9826) under 

section 430(h)(3) were published in the 

Federal Register on October 5, 2017 (82 

FR 46388). The final regulations issued 


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