Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations 58393 

1 33 FR 17896 (Dec. 3, 1968). 

2 50 FR 52195 (Dec. 20, 1985). 

(3) Any CIDI submitting a resolution 

plan or related materials pursuant to 

this section that desires confidential 

treatment of the information submitted 

pursuant to 5 U.S.C. 552(b)(4) and the 

FDIC’s Disclosure of Information Rules 

(12 CFR part 309) and related policies 

may file a request for confidential 

treatment in accordance with those 

rules. 

(4) To the extent permitted by law, 

information comprising the Confidential 

Section of a resolution plan will be 

treated as confidential. 

(5) To the extent permitted by law, the 

submission of any nonpublicly available 

data or information under this section 

shall not constitute a waiver of, or 

otherwise affect, any privilege arising 

under Federal or state law (including 

the rules of any Federal or state court) 

to which the data or information is 

otherwise subject. Privileges that apply 

to resolution plans and related materials 

are protected pursuant to Section 18(x) 

of the FDI Act, 12 U.S.C. 1828(x). 

By order of the Board of Directors. 

Dated at Washington, DC, this 13th day of 

September, 2011. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2011–24179 Filed 9–20–11; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2011–1024] 

High Density Traffic Airports; Notice of 

Determination Regarding Low Demand 

Periods at Ronald Reagan Washington 

National Airport 

AGENCY: Department of Transportation, 

Federal Aviation Administration (FAA). 

ACTION: Notice of agency determination. 

SUMMARY: This action announces an 

FAA determination that 6 a.m. to 6:59 

a.m. no longer is a low demand period 

at Ronald Reagan Washington National 

Airport (DCA). As a result of this 

determination, the FAA will allocate 

available slots in that period on a 

temporary basis subject to recall, and 

the FAA may conduct a lottery in the 

future to allocate available slots in that 

period. 

DATES: September 21, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hawks, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone number: 202–267–7143; fax 

number: 202–267–7971; e-mail: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued the High Density 

Traffic Airports Rule (HDR), 14 CFR part 

93 subpart K, in 1968 to reduce delays 

at five congested airports: John F. 

Kennedy International Airport, 

LaGuardia Airport, O’Hare International 

Airport, Ronald Reagan Washington 

National Airport (DCA), and Newark 

Liberty International Airport.1

Currently, the HDR applies only to DCA. 

The regulation limits the number of 

operations during certain hours of the 

day and requires a slot, which the FAA 

allocates for a specific 60-minute 

period, for each scheduled operation. 

In 1985, the FAA issued part 93 

subpart S (the ‘‘Buy/Sell Rule’’).2 As 

part of the Buy/Sell Rule, § 93.226 

permits the administrative allocation of 

slots during low demand periods, which 

are 6 a.m. to 6:59 a.m. (the 0600 hour) 

and 10 p.m. to 11:59 p.m. (the 2200 and 

2300 hours), on a first come, first served 

basis. Section 93.226(d) permits the 

FAA to determine those periods are no 

longer low demand periods and allocate 

any available slots by lottery under 

§ 93.225. The FAA may make this 

determination when it becomes 

apparent that demand for slots is 

increasing to the point where a first 

come, first served allocation procedure 

is inappropriate. 

FAA Determination 

Currently, the FAA has allocated all 

commuter and all but three air carrier 

slots in the 0600 hour. The FAA has 

allocated five daily commuter slots and 

two daily air carrier slots in the 0600 

hour on a temporary basis subject to 

recall. 

Because of the relatively small 

number of available slots in the 0600 

hour, the FAA now determines that 

hour no longer is a low demand period. 

Further, permanent allocation of slots in 

that time period would undermine the 

new entrant and limited incumbent 

allocation priority under § 93.225. The 

FAA no longer will allocate slots during 

that time period on a permanent first 

come, first served basis. 

The FAA further determines the 

present demand for available slots does 

not justify conducting a lottery at this 

time. Accordingly, the FAA will allocate 

slots in the 0600 hour on a temporary 

basis subject to recall by the FAA under 

§ 93.226(e). However, if the FAA cannot 

accommodate future requests for slots, 

especially requests by new entrants or 

limited incumbents, through temporary 

allocations, the FAA may recall any 

temporarily allocated slots and conduct 

a lottery at that time. 

Slots currently allocated are 

unaffected by this determination, and 

the HDR continues to apply to all 

allocated slots. 

Issued in Washington, DC on September 

15, 2011. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2011–24262 Filed 9–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 734, 736, 738, 

740, 742, 743, 744, 746, 747, 748, 750, 

752, 754, 756, 758, 760, 762, 764, 766, 

768, 770, 772, and 774 

[Docket No. 110804473–1484–01] 

RIN 0694–AF34 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations legal authority 

citations for the Export Administration 

Regulations (EAR) to include the 

citation to the President’s Notice of 

August 12, 2011—Continuation of 

Emergency Regarding Export Control 

Regulations. 

DATES: The rule is effective September 

21, 2011. Comments may be submitted 

at any time. 

ADDRESSES: Comments concerning this 

rule should be sent to publiccomments 

@bis.doc.gov, fax (202) 482–3355, or to 

Regulatory Policy Division, Bureau of 

Industry and Security, Room H2899B, 

U.S. Department of Commerce, 

Washington, DC 20230. Please refer to 

regulatory identification number (RIN) 

0694–AF34 in all comments, and in the 

subject line of e-mail comments. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 


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