Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Proposed Rules 85523 

NTELL, CA WP (Lat. 36°53′58.99′′ N, long. 119°53′22.21′′ W) 

KARNN, CA FIX (Lat. 37°09′03.79′′ N, long. 121°16′45.22′′ W) 

VINCO, CA FIX (Lat. 37°22′35.11′′ N, long. 121°42′59.52′′ W) 

NORCL, CA WP (Lat. 37°31′02.66′′ N, long. 121°43′10.60′′ W) 

MOVDD, CA WP (Lat. 37°39′40.88′′ N, long. 121°26′53.53′′ W) 

EVETT, CA WP (Lat. 38°00′36.11′′ N, long. 121°07′48.14′′ W) 

TIPRE, CA WP (Lat. 38°12′21.00′′ N, long. 121°02′09.00′′ W) 

Squaw Valley, CA (SWR) VOR/DME (Lat. 39°10′49.16′′ N, long. 120°16′10.60′′ W) 

TRUCK, CA FIX (Lat. 39°26′15.67′′ N, long. 120°09′42.48′′ W) 

Mustang, NV (FMG) VORTAC (Lat. 39°31′52.60′′ N, long. 119°39′21.87′′ W) 

Lovelock, NV (LLC) VORTAC (Lat. 40°07′30.95′′ N, long. 118°34′39.34′′ W) 

Battle Mountain, NV (BAM) VORTAC (Lat. 40°34′08.69′′ N, long. 116°55′20.12′′ W) 

TULIE, ID WP (Lat. 42°37′58.49′′ N, long. 113°06′44.54′′ W) 

AMFAL, ID WP (Lat. 42°45′56.67′′ N, long. 112°50′04.64′′ W) 

Pocatello, ID (PIH) VOR/DME (Lat. 42°52′13.38′′ N, long. 112°39′08.05′′ W) 

VIPUC, ID FIX (Lat. 43°21′09.64′′ N, long. 112°14′44.08′′ W) 

Idaho Falls, ID (IDA) VOR/DME (Lat. 43°31′08.42′′ N, long. 112°03′50.10′′ W) 

SABAT, ID FIX (Lat. 44°00′59.71′′ N, long. 111°39′55.04′′ W) 

Billings, MT (BIL) VORTAC (Lat. 45°48′30.81′′ N, long. 108°37′28.73′′ W) 

EXADE, MT FIX (Lat. 47°35′56.78′′ N, long. 104°32′40.61′′ W) 

JEKOK, ND WP (Lat. 47°59′31.05′′ N, long. 103°27′17.51′′ W) 

FONIA, ND FIX (Lat. 48°15′35.07′′ N, long. 103°10′37.54′′ W) 

Minot, ND (MOT) VOR/DME (Lat. 48°15′37.21′′ N, long. 101°17′13.46′′ W) 

GICHI, ND WP (Lat. 48°06′54.20′′ N, long. 098°54′45.14′′ W) 

Grand Forks, ND (GFK) VOR/DME (Lat. 47°57′17.40′′ N, long. 097°11′07.33′′ W) 

Thief River Falls, MN (TVF) VOR/DME (Lat. 48°04′09.53′′ N, long. 096°11′11.31′′ W) 

BLUOX, MN FIX (Lat. 47°34′33.13′′ N, long. 095°01′29.11′′ W) 

Duluth, MN (DLH) VORTAC (Lat. 46°48′07.79′′ N, long. 092°12′10.33′′ W) 

BEKRR, MN WP (Lat. 48°00′25.78′′ N, long. 089°55′39.40′′ W) 

* * * * * Paragraph 6013 Canadian Area Navigation 

Routes. 

* * * * * 

T–765 HOUGHTON, MI (CMX) TO INTERNATIONAL FALLS, MN (INL) [NEW] 

Houghton, MI (CMX) VOR/DME (Lat. 47°10′12.94′′ N, long. 088°29′07.41′′ W) 

BBLUE, MI and WP (Lat. 48°01′10.44′′ N, long. 089°13′39.22′′ W) 

ASIXX, MN WP (Lat. 48°30′56.17′′ N, long. 092°37′34.98′′ W) 

International Falls, MN (INL) VOR/DME (Lat. 48°33′56.87′′ N, long. 093°24′20.44′′ W) 

*******

T–776 KAYCY, MI TO SAULT STE MARIE, MI [NEW] 

KAYCY, MI WP (Lat. 48°10′13.28′′ N, long. 088°51′36.53′′ W) 

KMNGO, MI and WP (Lat. 47°57′14.09′′ N, long. 087°27′15.24′′ W) 

NCOLY, MI WP (Lat. 47°01′58.21′′ N, long. 085°11′47.29′′ W) 

RRBEE, MI and WP (Lat. 46°45′54.88′′ N, long. 084°48′45.86′′ W) 

SKOWT, MI WP (Lat. 46°29′46.17′′ N, long. 084°25′57.74′′ W) 

Sault Ste Marie, MI (SSM) VOR/DME (Lat. 46°24′43.60′′ N, long. 084°18′53.54′′ W) 

*******

T–810 BERDD, MI TO SAULT STE MARIE (SSM) [NEW] 

BERDD, MI WP (Lat. 48°06′41.75′′ N, long. 089°00′14.29′′ W) 

AVALE, MI FIX (Lat. 46°44′02.48′′ N, long. 085°07′59.96′′ W) 

SRADE, MI FIX (Lat. 46°39′29.38′′ N, long. 084°56′42.98′′ W) 

JEORG, MI and WP (Lat. 46°32′50.81′′ N, long. 084°39′34.39′′ W) 

CATGA, MI WP (Lat. 46°28′11.51′′ N, long. 084°27′41.15′′ W) 

Sault Ste Marie, MI (SSM) VOR/DME (Lat. 46°24′43.60′′ N, long. 084°18′53.54′′ W) 

Issued in Washington, DC, on December 1, 

2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–26801 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2175; Airspace 

Docket No. 23–ANM–16] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Green River Municipal Airport, Green 

River, UT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace area extending 

upward from 700 feet or more above the 

surface of the earth at Green River 

Municipal Airport, Green River, UT. 

This action would support the airport’s 

operations transition from visual flight 

rules (VFR) to instrument flight rules 

(IFR). 

DATES: Comments must be received on 

or before January 22, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2175 

and Airspace Docket No. 23–ANM–16 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
85524 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Proposed Rules 

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 

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: 

Keith T. Adams, Federal Aviation 

Administration, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–2428. 

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 Green River Municipal 

Airport, Green River, UT. 

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 office 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 

Class E5 airspace designations are 

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 to establish Class E 

airspace extending upward from 700 

feet or more from the surface of the 

earth at Green River Municipal Airport, 

Green River, UT. 

The airport is transitioning from VFR 

to IFR operations. Class E airspace 

should be established with a 5.5-mile 

radius and extensions to the souththrough-north to contain arriving IFR 

aircraft descending below 1,500 feet 

above the surface and departing aircraft 

until it reaches 1,200 feet above the 

surface. 

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 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Proposed Rules 85525 

1See FTC, Negative Option Rule, https://

www.regulations.gov/document/FTC-2023-0033- 

0001/comment. 

2The FTC Act provides that ‘‘an interested person 

is entitled to present his position orally or by 

documentary submission (or both).’’ 15 U.S.C. 

57a(c)(2)(A). 

3 16 CFR 1.11(e)(1)–(3). 

4All but one—TechFreedom—identified their 

interest in the proceeding either as industry groups 

or as private companies with vested interests in the 

outcome of this rulemaking. See TechFreedom 

comment (June 23, 2023), https://

www.regulations.gov/comment/FTC-2023-0033- 

0872. 

5 IFA identified itself as ‘‘the world’s oldest and 

largest organization representing franchising’’ 

whose members include ‘‘franchise companies, 

individual franchises, and companies that support 

franchise companies,’’ explaining that ‘‘IFA is 

particularly concerned on [sic] the potential adverse 

effects of the proposed amendments to the Rule on 

franchised small businesses.’’ IFA comment at 1 

(June 23, 2023), https://www.regulations.gov/ 

comment/FTC-2023-0033-0856. 

6Although TechFreedom failed to identify its 

interests in the rulemaking proceeding, according to 

a recent internet search, ‘‘TechFreedom is a nonprofit, non-partisan technology think tank launched 

in 2011, . . . [f]ocusing on issues of internet 

freedom and technological progress.’’ See 

TechFreedom, About, https://techfreedom.org/ 

about/ (last visited Nov. 30, 2023). 

7PDMI explained that its more than 130 member 

companies, doing business in performance and 

direct-to-consumer marketing, ‘‘market their goods 

or services using the types and styles of marketing 

covered by the FTC’s proposed Rule changes.’’ 

PDMI comment at 1 (June 23, 2023), https://

www.regulations.gov/comment/FTC-2023-0033- 

0864. 

8NCTA stated that its members provide 

consumers with ‘‘cable, broadband, voice, video 

streaming, and other services’’ and ‘‘is the principal 

trade association for the U.S. cable industry,’’ and 

Continued 

Procedures,’’ prior to any FAA final 

regulatory action. 

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, 

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 UT E5 Green River, UT [New] 

Green River Municipal Airport, UT 

(Lat. 38°57′42′′ N, long. 110°13′38′′ W) 

That airspace extending upward from 700 

feet above the surface within a 5.5-mile 

radius of the airport, from the 145° bearing 

clockwise to the 278° bearing within 6.8 

miles southwest of the airport, and from the 

278° bearing clockwise to the 337° bearing 

within 8.5 miles northwest of the airport. 

* * * * * 

Issued in Des Moines, Washington, on 

November 30, 2023. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2023–26798 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 425 

RIN 3084–AB60 

Negative Option Rule 

AGENCY: Federal Trade Commission. 

ACTION: Initial notice of informal 

hearing; final notice of informal hearing; 

list of Hearing Participants; requests for 

submissions from Hearing Participants. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has proposed amendments to the ‘‘Rule 

Concerning the Use of Prenotification 

Negative Option Plans,’’ to be retitled 

the ‘‘Rule Concerning Subscriptions and 

Other Negative Option Plans’’ 

(‘‘Negative Option Rule’’ or ‘‘Rule’’). 

The proposed changes are calculated to 

combat unfair or deceptive business 

practices, including recurring charges 

for products or services consumers do 

not want and cannot cancel without 

undue difficulty. In response to the 

notice of proposed rulemaking, several 

commenters requested an informal 

hearing. The informal hearing will be 

conducted virtually on January 16, 

2024, at 10 a.m. Eastern, and the 

Commission’s Chief Presiding Officer, 

the Chair, has appointed Administrative 

Law Judge for the Securities and 

Exchange Commission, the Honorable 

Carol Fox Foelak, to serve as the 

presiding officer of the informal hearing. 

DATES: The informal hearing will be 

conducted virtually starting at 10 a.m. 

Eastern on January 16, 2024. 

ADDRESSES: Hearing participants may 

submit their oral presentations in 

writing or file supplementary 

documentary submissions online or on 

paper by following the instructions in 

Part IV of the SUPPLEMENTARY

INFORMATION section below. Write 

‘‘Negative Option Rule (16 CFR part 

425) (Project No. P064202)’’ on your 

request or documentary submission, and 

file it online through https://

www.regulations.gov. If you prefer to 

file your request or documentary 

submission on paper, please send it via 

overnight service to the following 

address: Federal Trade Commission, 

Office of the Secretary, 600 

Pennsylvania Avenue NW, Suite CC– 

5610 (Annex N), Washington, DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Johnson, Attorney, Division 

of Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue NW, 

Washington, DC 20580 (phone: 202– 

326–2185). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Following public comment on an 

advance notice of proposed rulemaking 

(ANPR), 84 FR 52393 (Oct. 2, 2019), the 

FTC proposed amending the Negative 

Option Rule as described in a notice of 

proposed rulemaking (NPRM), 88 FR 

24716 (Apr. 24, 2023). The Commission 

posted 1,163 public comments in 

response to the NPRM.1

II. The Requests for an Informal 

Hearing; Presentation of Oral 

Submissions 

Section 18 of the Federal Trade 

Commission Act, 15 U.S.C. 57a, and the 

Commission’s Rules of Practice, 16 CFR 

1.11(e), provide interested persons the 

opportunity to make an oral statement at 

an informal hearing upon request.2 To 

make such a request, a commenter must 

submit, no later than the close of the 

comment period for the NPRM, (1) a 

request to make an oral submission, if 

desired; (2) a statement identifying the 

interested person’s interests in the 

proceeding; and (3) any proposal to add 

disputed issues of material fact to be 

addressed at the hearing.3

The Commission received six 4 such 

requests in response to the NPRM from: 

1. International Franchise Association 

(IFA) 5

2. TechFreedom 6

3. Performance Driven Marketing 

Institute (PDMI) 7

4. NCTA—The Internet & Television 

Association (NCTA) 8


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