72836 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations 

Bank shall tabulate the votes cast 

immediately after the closing date. The 

members of a Constituent Bank shall be 

considered to have ratified a merger 

agreement if a majority of votes cast in 

the election have been cast in favor of 

the ratification of the merger agreement. 

The Constituent Bank, or the Continuing 

Bank, as appropriate, shall retain all 

ballots received for at least two years 

after the date of the election, and shall 

not disclose how any member voted. 

(4) Notice of result. Within 10 days of 

the closing date, a Constituent Bank 

shall deliver to its members, to each 

Constituent Bank with which it 

proposes to merge, and to FHFA a 

statement of— 

(i) The total number of eligible votes; 

(ii) The number of members voting in 

the election; and 

(iii) The total number of votes cast 

both for and against ratification of the 

merger agreement, as well as those that 

were eligible to be cast by members that 

abstained and by members who failed to 

return completed ballots. 

(b) False and misleading statements. 

In connection with a proposed merger, 

no Bank, nor any director, officer, or 

employee thereof, shall make any 

statement, written or oral, which, at the 

time and in the light of the 

circumstances under which it is made, 

is false or misleading with respect to 

any material fact, or which omits to 

state any material fact necessary in 

order to make the statement not false or 

misleading, or necessary to correct any 

earlier statement that has become false 

or misleading. 

§ 1278.7 Consummation of the merger. 

(a) Post-approval submissions. After 

the members of each Constituent Bank 

have voted to ratify the merger 

agreement, the Constituent Banks shall 

submit to FHFA: 

(1) Evidence acceptable to the 

Director that all conditions imposed in 

connection with the approval of the 

merger application under § 1278.5 have 

been satisfied, including the items 

specified in §§ 1278.5(b)(1) and (2); and 

(2) An organization certificate for the 

Continuing Bank, in such form as FHFA 

may specify, that has been executed by 

the individuals who will constitute the 

board of directors of the Continuing 

Bank. 

(b) Acceptance of organization 

certificate. Upon determining that all 

conditions have been satisfied and that 

the organization certificate meets the 

requirements of § 1278.7(a)(2), the 

Director shall accept the organization 

certificate of the Continuing Bank by 

endorsing thereon the date of 

acceptance and the Effective Date, 

which date shall be: 

(1) The proposed Effective Date set 

forth in the merger agreement or, if the 

merger agreement expresses the 

proposed Effective Date in terms of a 

range of dates, a date within the 

applicable range of dates; or 

(2) If the proposed Effective Date set 

forth in the merger agreement has 

passed, the earlier of: 

(i) The 10th business day following 

the date of acceptance of the 

organization certificate by the Director; 

or 

(ii) The last business day preceding 

any date specified in the merger 

agreement by which the merger 

agreement will terminate if the merger 

has not become effective. 

(c) Effectiveness of merger. After the 

Director has accepted the organization 

certificate of the Continuing Bank as 

provided in § 1278.7(b), and as of the 

commencement of the Effective Date 

specified on such organization 

certificate: 

(1) The Continuing Bank shall become 

or remain a body corporate (depending 

on the type of transaction) operating 

under such organization certificate with 

all powers granted to a Bank under the 

Bank Act; 

(2) The Continuing Bank shall 

succeed to all rights, titles, powers, 

privileges, books, records, assets, and 

liabilities of the Constituent Banks, as 

provided in the merger agreement; and 

(3) The corporate existence of any 

Constituent Bank that is not a 

Continuing Bank shall cease, unless 

otherwise provided in the merger 

agreement. 

(d) Notice. After accepting the 

organization certificate for the 

Continuing Bank, the Director shall 

provide to the Constituent Banks, and to 

each other Bank and the Office of 

Finance, prompt written notice of that 

fact, which shall include the date of 

acceptance and the Effective Date of the 

organization certificate. 

Dated: November 17, 2011. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2011–30487 Filed 11–25–11; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0376; Airspace 

Docket No. 10–AEA–11] 

RIN 2120–AA66 

Amendment and Establishment of Air 

Traffic Service Routes; Northeast 

United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction 

SUMMARY: This action corrects a final 

rule published by the FAA in the 

Federal Register on September 19, 2011, 

that amends and establishes nine Air 

Traffic Service Routes (ATS) in the 

Northeast United States. This action 

provides more accurate latitude/ 

longitude coordinates for one waypoint 

(WP) in the description of area 

navigation (RNAV) route Q–480. 

DATES: Effective date 0901 UTC, 

December 15, 2011. 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 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace, Regulations and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 19, 2011, the FAA 

published a final rule in the Federal 

Register amending and establishing 

nine ATS routes in the northeast United 

States (76 FR 57902). Subsequent to 

publication a more accurate alignment 

was calculated for the establishment of 

the CANDR WP position of RNAV route 

Q–480. The refined coordinates result in 

a minor change of the CANDR position 

that is 0.28 nautical miles (NM) north of 

the original location. This equates to a 

move of approximately 1,700 feet which 

is well within the standard 8 NM width 

of RNAV routes. Since the coordinates 

in air traffic service route descriptions 

are rounded to the nearest second, the 

amended CANDR position is listed as 

‘‘lat. 40°58′16′′ N., long. 74°57′35′′ W.’’ 

Area Navigation Routes are published 

in paragraph 2006 of FAA Order 

7400.9V, dated August 9, 2011, and 

effective September 15, 2011, which is 

incorporated by reference in 14 CFR 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations 72837 

71.1. The RNAV route listed in this 

document will be published 

subsequently in the Order. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the 

coordinates for the CANDR waypoint as 

published in the Federal Register on 

September 19, 2011 (76 FR 57902) (FR 

Doc. 2011–23839) for RNAV route Q– 

480, is corrected under the description 

as follows: 

Paragraph 2006—United States Area 

Navigation Routes 

* * * * * 

Q–480 [Corrected] 

On page 57905, line 38, Remove ‘‘CANDR, 

NJ WP (lat. 40°57′59′′ N., long. 74°57′29′′ 

W.)’’and insert ‘‘CANDR, NJ WP (lat. 

40°58′16′′ N., long. 74°57′35′′ W.) 

Issued in Washington, DC, on November 

16, 2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–30500 Filed 11–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1328; Airspace 

Docket No. 10–AEA–26] 

Amendment of Class D and Class E 

Airspace; Baltimore, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace at Baltimore, MD, 

as the Martin Non-Directional Beacon 

(NDB) has been decommissioned and 

new Standard Instrument Approach 

Procedures have been developed at 

Martin State Airport. This action also 

updates the geographic coordinates of 

the Baltimore VORTAC and makes a 

minor adjustment to the geographic 

coordinates of the airport. This action 

enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Effective 0901 UTC, February 9, 

2012. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On August 31, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class D and E airspace at 

Martin State Airport, Baltimore, MD (76 

FR 54153). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Subsequent to 

publication, the FAA found that the 

geographic coordinates for Martin State 

Airport and navigation aid needed to be 

adjusted. This action makes that 

adjustment. Class D and E airspace 

designations are published in paragraph 

5000, 6002, and 6004 respectively of 

FAA Order 7400.9V dated August 9, 

2011, and effective September 15, 2011, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class D airspace and Class E 

surface airspace and Class E airspace 

designated as an extension to Class D 

surface area. Airspace reconfiguration is 

necessary due to the decommissioning 

of the Martin NDB and cancellation of 

the NDB approach, and for continued 

safety and management of IFR 

operations at the airport. The geographic 

coordinates for the Baltimore VORTAC 

and Martin State Airport also are 

adjusted to coincide with the FAA’s 

aeronautical database. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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 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. 

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 

amends controlled airspace at Martin 

State Airport, Baltimore, MD. 

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(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 Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

AEA MD D Baltimore, Martin State 

Airport, MD [Amended] 

Martin State Airport, Baltimore, MD 

(Lat. 39°19′54′′ N., long. 76°24′83′′ W.) 

Baltimore VORTAC 

(Lat. 39°10′12′′ N., long. 76°39′30′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 5.2-mile radius of Martin State 

Airport and within 4.4 miles each side of a 

14.7-mile radius arc of the Baltimore 

VORTAC extending clockwise from the 

Baltimore VORTAC 030° radial to the 

VORTAC 046° radial, excluding that airspace 

within the Washington Tri-Area Class B 


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