[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45478-45479]
[FR Doc No: 2011-19158]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0727; Airspace Docket No. 11-ASO-32]

Proposed Establishment of Class E Airspace; Nahunta, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at Nahunta,
GA to accommodate new Area Navigation (RNAV) Global Positioning System
(GPS) Standard Instrument Approach Procedures serving the Brantley
County Airport. This action would enhance the safety and airspace
management of Instrument Flight Rules (IFR) operations within the
National Airspace System.

DATES: Comments must be received on or before September 12, 2011. 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.

ADDRESSES: Send comments on this rule to: U. S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2011-0727; Airspace Docket No. 11-ASO-32, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2011-0727; Airspace Docket No. 11-ASO-32) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Annotators wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2011-0727; Airspace Docket No. 11-ASO-32. The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/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
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at Nahunta,
GA providing the controlled airspace required to support the new RNAV
GPS standard instrument approach procedures for Brantley County
Airport. Controlled airspace extending upward from 700 feet above the
surface is required for the safety and management of IFR operations.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9U, dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    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, would 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 proposed 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 proposed regulation is within the scope
of that authority as it would establish Class E airspace at Brantley
County Airport.

Lists 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 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.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, effective September 15, 2010,
is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO GA E5 Nahunta, GA [New]

Brantley County Airport
    (Lat. 31[deg]12'22'' N., long. 81[deg]54'10'22'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Brantley County Airport.

    Issued in College Park, Georgia on July 19, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-19158 Filed 7-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Page 5425]
[FR Doc No: 2020-01592]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP20-445-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--City
of Bismark RP18-923 & RP20-131 Settlement to be effective 1/1/2019.
    Filed Date: 1/22/20.
    Accession Number: 20200122-5010.
    Comments Due: 5 p.m. ET 2/3/20.

    Docket Numbers: RP20-446-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: MNUS Cleanup Filing--Removing
NC Agrmt K210198 to be effective 2/22/2020.
    Filed Date: 1/22/20.
    Accession Number: 20200122-5041.
    Comments Due: 5 p.m. ET 2/3/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 23, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-01592 Filed 1-29-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56898-56904]
[FR Doc No: 2015-23495]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 746, and 772

[Docket No. 150825774-5774-01]
RIN 0694-AG67

Enhancing Support for the Cuban People

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
to expand the scope of License Exception Support for the Cuban People
(SCP) to facilitate engagement between the U.S. and Cuban people; the
free flow of information to, from, and among the Cuban people; and
independent economic activity generated by Cuba's private sector. It
also makes temporary sojourns of most vessels to Cuba eligible for
License Exception Aircraft, Vessels and Spacecraft (AVS). Additionally,
this rule creates a case-by-case review policy of license applications
to export and reexport to Cuba items to ensure the safety of civil
aviation and safe operation of commercial passenger aircraft. Finally,
it amends the deemed export and deemed reexport license requirements
for releases of technology and source code to Cuban nationals; removes
certain unintended restrictions on exports and reexports under License
Exception SCP and License Exception Consumer Communications Devices
(CCD); and makes certain technical corrections to License Exception
Agricultural Commodities (AGR).

DATES: This rule is effective September 21, 2015.

FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The United States maintains a comprehensive embargo on trade with
Cuba. Pursuant to that embargo, all items that are subject to the
Export Administration Regulations (EAR)

require a license for export or reexport to Cuba unless authorized by a
license exception. The Bureau of Industry and Security (BIS)
administers export and reexport restrictions on Cuba consistent with
U.S. policy and relevant law. Accordingly, BIS may issue specific or
general authorizations in the form of licenses or license exceptions
for transactions that support the goals of United States policy while
the embargo remains in effect.
    On December 17, 2014, the President announced that the United
States is taking steps to chart a new course in bilateral relations
with Cuba and to further engage and empower the Cuban people. The
President explained that these steps build upon actions taken since
2009 that have been aimed at supporting the ability of the Cuban people
to gain greater control over their own lives and determine their
country's future. On January 16, 2015, the Commerce and Treasury
Departments took coordinated actions to implement certain elements of
this policy, including changes to licensing policy and license
exceptions in the EAR that are consistent with U.S. support for the
Cuban people (see 80 FR 2286 and 80 FR 2291). Additionally, BIS
published a rule implementing the May 29, 2015 rescission of Cuba's
State Sponsor of Terrorism designation on July 22, 2015 (see 80 FR
43314).
    The Commerce and Treasury Departments are taking additional
coordinated actions in support of the President's Cuba policy. This
rule amends the terms of existing license exceptions that are available
for Cuba, increases the number of license exception provisions that are
available for Cuba, and creates a new licensing policy in the EAR to
further promote private sector economic activity in Cuba, facilitate
travel to Cuba for authorized purposes, and help ensure safety in civil
aviation and safe operation of commercial passenger aircraft. This rule
also makes the deemed export and deemed reexport license requirements
for Cuba consistent with other sanctioned destinations.

Specific Changes Made by This Rule

Expansion of License Exception Support for the Cuban People (SCP)

    This rule revises Sec.  740.21(b) and (d)(1) of the EAR to remove a
requirement that items must be sold or donated when exported or
reexported to authorized end-users in Cuba under License Exception
Support for the Cuban People (SCP). Paragraph (b) authorizes certain
exports and reexports to improve living conditions and support
independent economic activity in Cuba. Paragraph (d)(1) authorizes
certain exports and reexports to improve the free flow of information
to, from, and among the Cuban people. When License Exception SCP was
created in January 2015, BIS included text regarding sales or donations
in paragraphs (b) and (d)(1) to clarify that the provisions were not
limited to exports and reexports of donated items. However, the
construction of the sentences addressing sales or donations
inadvertently precluded other types of exports and reexports intended
to be covered under the license exception, such as those involving
leased or loaned items. Consequently, BIS is removing the portions of
paragraphs (b) and (d)(1) of License Exception SCP that refer to sales
or donations of items to eliminate those unintended restrictions.
    This rule revises paragraph (c)(2) of License Exception SCP to
authorize certain temporary reexports to Cuba. Paragraph (c)(2)
previously authorized certain temporary exports of items to Cuba from
the United States for use in scientific, archeological, cultural,
ecological, educational, historic preservation, or sporting activities,
or in the traveler's professional research. This change authorizes
travelers departing the United States or a foreign country to
temporarily export or reexport authorized items to Cuba for eligible
end-uses. Additionally, this rule adds professional meetings to the
list of eligible end-uses in paragraph (c)(2). This rule also
introduces a requirement that the items remain under the traveler's
``effective control.'' The existing EAR definition of effective control
in Sec.  772.1 applies to this use of the term. Eligible items continue
to be limited to items subject to the EAR but not specified in any
Export Control Classification Number (ECCN), i.e., EAR99) or controlled
on the Commerce Control List (CCL) only for anti-terrorism reasons.
    This rule adds a new paragraph (d)(4) to License Exception SCP to
authorize exports and reexports of commodities and software to
individuals and private sector entities in Cuba that will be used to
develop software that will improve the free flow of information or that
will support the private sector activities described in paragraph (b)
of License Exception SCP. The Cuban Government, Cuban Communist Party
and certain officials thereof are designated as ineligible end users
for commodities and software exported under paragraph (d)(4). Existing
text in paragraph (d) limits the commodities and software authorized
for export or reexport under this new paragraph (d)(4) to those that
are either EAR99 (i.e., items subject to the EAR but not specified in
any ECCN) or controlled on the CCL for anti-terrorism reasons only. For
example, to qualify for export or reexport under new paragraph (d)(4),
a general purpose software development kit must be either EAR99 or
controlled in an ECCN where the only reason for control that applies to
that kit is anti-terrorism and the kit's use in Cuba must be to develop
software that will improve the free flow of communication and/or that
will support the private sector activities described in paragraph (b)
of License Exception SCP.
    This rule adds a new paragraph (e) to License Exception SCP.
Paragraph (e)(1) authorizes the export and reexport to Cuba of certain
items for use by United States Persons (as defined in Sec.  772.1 of
the EAR) to establish, maintain, or operate a physical presence in
Cuba. Any resulting payments associated with such a physical presence,
such as lease payments, are permitted only to the extent authorized by
Sec.  515.573 of the Cuban Assets Control Regulations (31 CFR 515.573).
To be eligible for the exception under paragraph (e)(1), the end-users
must be (1) entities organizing or conducting educational activities in
Cuba authorized by the Department of the Treasury, Office of Foreign
Assets Control (OFAC) pursuant to 31 CFR 515.565(a); (2) entities
providing mail or parcel transmission services authorized by OFAC
pursuant to 31 CFR 515.542(a) or providing cargo transportation
services in connection with trade involving Cuba authorized by OFAC or
exempt from the prohibitions of 31 CFR part 515 as specified in 31 CFR
515.206; (3) religious organizations engaging in religious activities
in Cuba authorized by OFAC pursuant to 31 CFR 515.566; (4) persons
engaged in transactions authorized by OFAC pursuant to 31 CFR
515.559(b); (5) persons that export or reexport items to Cuba that are
exempt from the prohibitions of 31 CFR part 515 as specified in 31 CFR
515.206; (6) providers of travel services or carrier services
authorized by OFAC pursuant to 31 CFR 515.572; or (7) persons that
export or reexport to Cuba pursuant to a license issued by BIS or a
license exception authorized by Sec.  746.2(a)(1) of the EAR.
    Items eligible for export and reexport to Cuba pursuant to
paragraph (e)(1) of License Exception SCP are limited to those
designated as EAR99 (i.e., items subject to the EAR but not specified
in any ECCN) or controlled on the CCL only for anti-terrorism reasons.
    Paragraph (e)(2) of License Exception SCP authorizes the export and
reexport to Cuba of certain items for use by certain additional
eligible end-users to

establish, maintain, and operate a physical presence in Cuba. Any
resulting payments associated with such a physical presence, such as
lease payments, are permitted only to the extent authorized by Sec.
515.573 of the Cuban Assets Control Regulations (31 CFR 515.573). To be
eligible for paragraph (e)(2), the end-users must be authorized by OFAC
to provide telecommunications services and establish telecommunications
facilities pursuant to 31 CFR 515.542(b)-(e) or to provide internet-
based services pursuant to 31 CFR 515.578, including subsidiaries,
branches, offices, joint ventures, franchises, and agency or other
business relationships with any entity or individual who is a national
of Cuba. The items authorized pursuant to paragraph (e)(2) are limited
to those designated as EAR99 (i.e., items subject to the EAR but not
specified in any ECCN) or controlled on the CCL only for anti-terrorism
reasons.
    Paragraph (e)(3) of License Exception SCP authorizes the export and
reexport to Cuba of certain items to be given away for free as gifts
for promotional purposes, such as pens, notepads, hats, and t-shirts.
Items eligible for export or reexport to Cuba pursuant to paragraph
(e)(3) are limited to those items of a type normally given away for
free as gifts for promotional purposes that are designated as EAR99.
    BIS is creating paragraph (e) of License Exception SCP to
facilitate engagement between the U.S. and Cuban people; the free flow
of information to, from, and among the Cuban people; and independent
economic activity in Cuba generated by Cuba's private sector.
    This rule also creates new paragraph (f) to License Exception SCP
to authorize certain temporary (not to exceed one year) exports and
reexports to Cuba of EAR99 items and items controlled on the CCL only
for anti-terrorism reasons. Paragraph (f) authorizes exports and
reexports of the following:
     Commodities and software as tools of trade for use by the
exporters or employees of the exporters to install, service or repair
items that are subject to the EAR and that have been exported or
reexported to Cuba under a license or license exception, or foreign-
origin items that are not subject to the EAR but are owned and used
exclusively by individuals or private sector entities but not the Cuban
Government, the Cuban Communist Party or certain officials thereof in
Cuba;
     Technology as tools of trade for use by certain persons
for the installation, servicing or repair of items that are subject to
the EAR and that have been exported or reexported to Cuba under a
license or license exception, or foreign-origin items that are not
subject to the EAR but are owned and used exclusively by individuals or
private sector entities but not the Cuban Government, the Cuban
Communist Party or certain officials thereof in Cuba;
     Kits of replacement parts or components for items that
have been exported or reexported to Cuba under a license or license
exception, or foreign-origin items that are not subject to the EAR but
are owned and used exclusively by individuals or private sector
entities but not the Cuban Government, the Cuban Communist Party or
certain officials thereof in Cuba;
     Commodities and software for exhibition or demonstration
at trade shows or to parties eligible to receive items under License
Exception SCP; and
     Containers that are necessary for shipment of commodities
being exported or reexported to Cuba under a license or license
exception; BIS is creating paragraph (f) of License Exception SCP to
help support authorized travel and commerce.

Expansion of License Exception Consumer Communications Devices (CCD)

    This rule revises Sec.  740.19(a) of the EAR to remove references
to sales or donations of eligible items authorized under License
Exception CCD. License Exception CCD authorizes certain exports and
reexports to improve the free flow of information to, from, and among
the Cuban and Sudanese people. When License Exception CCD was created
in September 2009 to authorize certain exports and reexports to Cuba,
the license exception included a donation requirement. BIS revised
License Exception CCD in January 2015 to authorize sales, in addition
to donations, and to update the list of eligible items. (Sudan was
added as an authorized destination in February 2015.) Instead of merely
removing the word ``donated'' from paragraph (a) of License Exception
CCD, the January 2015 revision added the phrase ``either sold or'' to
that paragraph. That phrasing inadvertently precluded other types of
exports and reexports intended to be authorized by the license
exception, such as those involving leased or loaned items.
Consequently, this rule removes phrase ``either sold or donated'' from
paragraph (a) to eliminate that unintended restriction.

Availability of License Exception Aircraft, Vessels and Spacecraft
(AVS)

    This rule revises Sec.  746.2(a)(1)(x) of the EAR to make
paragraphs (b) and (d) of License Exception AVS available for Cuba. It
also amends Sec.  740.15(b) and (d) of the EAR to add to License
Exception AVS paragraphs (b)(4) and (d)(6) described below that apply
only to Cuba.
    Paragraph (b) of License Exception AVS authorizes certain exports
and reexports of equipment and spare parts for permanent use on vessels
and aircraft departing the United States. The paragraph also authorizes
certain exports of ship and plane stores for use on board vessels and
aircraft departing the United States. Paragraph (d) of License
Exception AVS authorizes certain exports and reexports of vessels on
temporary sojourn. Paragraph (a) of License Exception AVS, which
authorizes certain exports and reexports of aircraft on temporary
sojourn, was, prior to publication of this rule, available for Cuba.
    This rule adds a note to paragraph (a) prohibiting an aircraft
exported or reexported to a country pursuant to that paragraph from
remaining in that country for more than seven consecutive days before
it departs for a country to which it may be exported without a license
or the United States.
    This rule also adds new paragraph (b)(4) to License Exception AVS
to specify that the commodities eligible for export and reexport to
Cuba pursuant to paragraph (b) are limited to those designated as EAR99
(i.e., items subject to the EAR but not specified in any ECCN) or
controlled on the CCL only for anti-terrorism reasons.
    Additionally, this rule adds new paragraph (d)(6) to License
Exception AVS. Paragraph (d)(6) provides that only certain categories
of vessels, when engaged in specified activities are eligible for the
license exception when destined for Cuba. The types of vessels and
activities eligible for temporary sojourn to Cuba are as follows.
    (1) Cargo vessels for hire for use in the transportation of items.
    (2) Passenger vessels for hire for use in the transportation of
passengers and/or items. Vessels used to transport both passengers and
items to Cuba may transport automobiles only if the export or reexport
of the automobiles has been authorized by a separate license issued by
BIS (i.e., not authorized by license exception). The export or reexport
to Cuba of personally owned vehicles is not normally necessary to
support authorized travel. However, if the need arises, the exporter or
reexporter may

submit a license application to BIS for review pursuant to the
licensing policy in Sec.  746.2 of the EAR.
    (3) Recreational vessels destined for Cuba that that are used in
connection with travel authorized by the Department of the Treasury,
Office of Foreign Assets Control (OFAC).
    Finally, this rule adds a note to paragraph (d) prohibiting a
vessel exported or reexported to a country pursuant to that paragraph
from remaining in that country for more than 14 consecutive days before
it departs for a country to which it may be exported without a license
or the United States.
    BIS is making paragraphs (b) and (d) of License Exception AVS
available for Cuba to help facilitate authorized travel and commerce.
For clarity, BIS is adding notes to paragraphs (a) and (d) specifying
the amount of time an aircraft or vessel exported or reexported to a
country pursuant to the paragraphs may remain in that country.
Previously, BIS interpreted paragraph (a) to authorize temporary
sojourns consisting of only one overnight stay while in-country (see 57
FR 30899, July 13, 1992). BIS selected the time periods of seven days
for aircraft and 14 days for vessels based on its experience in
licensing aircraft and vessels for temporary sojourn to Cuba. The vast
majority of such licenses were for stays of seven days or less for
aircraft and 14 days or less for vessels.

New Licensing Policy for Civil Aviation Safety

    This rule amends the licensing policy for Cuba in Sec.  746.2 of
the EAR to add a policy of case-by-case review of license applications
for exports and reexports of items to ensure safety in civil aviation
and safe operation of commercial passenger aircraft. Items that will be
reviewed pursuant to this policy include aircraft parts and components
related to safety of flight, weather observation stations, airport
safety equipment, and commodities used for security screening of
passengers. BIS is adding this licensing policy to support
international aviation and passenger safety.

Scope of License Requirements for Deemed Exports and Reexports

    This rule amends the license requirements for Cuba in Sec.  746.2
of the EAR to specify that a license is required for the release of
technology or source code on the CCL to Cuban nationals in the United
States or a third country, but not for the deemed export or deemed
reexport of technology or source code designated as EAR99. As described
in Sec.  734.2(b), any release of technology or source code subject to
the EAR is deemed to be an export to the home country or countries of
the foreign national unless the foreign national is lawfully admitted
for permanent residence in the United States or unless the foreign
national is a protected individual under the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(3)). Additionally, any release of
technology or source code subject to the EAR to a foreign national of
another country is deemed to be a reexport to the home country or
countries of the foreign national unless the foreign national is
lawfully admitted for permanent residence. Prior to this amendment, a
license was required for the deemed export or deemed reexport of any
technology or source code subject to the EAR to a Cuban national. BIS
is making this change for consistency with the current deemed export
and deemed reexport license requirements for other sanctioned
destinations.

Technical Corrections to License Exception Agricultural Commodities
(AGR)

    On July 22, 2015, BIS published a rule implementing the rescission
of Cuba's State Sponsor of Terrorism designation (80 FR 43314). Among
other amendments, that rule removed Cuba from Country Group E:1 in
Supplement No. 1 to part 740 of the EAR, which changed the general de
minimis level for Cuba from 10 to 25 percent. Although the rule made
certain technical and conforming changes to the EAR, BIS overlooked
references to the former 10 percent de minimis level in paragraph
(b)(3) of License Exception Agricultural Commodities (AGR) in Sec.
740.18 of the EAR. Consequently, this rule corrects the de minimis
percentages referenced in paragraph (b)(3) of License Exception AGR.

Conforming Changes to Definition of U.S. Person

    Paragraph (a) of the definition of U.S. Person in Sec.  772.1 of
the EAR identifies the EAR provisions to which the definition applies.
This rule adds a reference to Sec.  740.21(e)(1) to paragraph (a) of
the definition. Paragraph (b) of the definition identifies EAR
provisions that have definitions that are specific to those provisions.
This rule adds a reference to Sec.  740.21(f)(2) to paragraph (b) of
the definition. Both changes are to make those paragraphs conform to
changes that this rule makes to Sec.  740.21.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222 as amended by Executive Order
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid OMB control number. This rule involves a collection of
information approved under OMB control number 0694-0088--Simplified
Network Application Processing+ System (SNAP+) and the Multipurpose
Export License Application, which are the methods for submitting all
license applications, commodity classification requests and similar
requests to BIS. The estimated annual total burden of all of those
submissions is 31,833 hours. BIS believes that this rule will slightly
reduce that burden because additional transactions will be eligible for
export or reexport to Cuba pursuant to license exception, thereby
reducing the number of license applications submitted to BIS. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of

Management and Budget, by email at<EMAIL_ADDRESS>or by fax to
(202) 395-7285 and to William Arvin at<EMAIL_ADDRESS>    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (See 5 U.S.C. 553(a)(1)). This rule is a part of a
foreign policy initiative to change the nature of the relationship
between Cuba and the United States announced by the President on
December 17, 2014. Delay in implementing this rule to obtain public
comment would undermine the foreign policy objectives that the rule is
intended to implement. Further, no other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Because a notice of proposed rulemaking and an opportunity
for public comment are not required to be given for this rule under 5
U.S.C. 553, or by any other law, the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 772

    Exports.

    For the reasons set forth in the preamble, the Export
Administration Regulations (15 CFR parts 730 through 774) are amended
as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Section 740.15 is amended by adding:
0
a. A note to paragraph (a);
0
b. Paragraphs (b)(4) and (d)(6); and
0
c. A note to paragraph (d).
    The additions read as follows:

Sec.  740.15  Aircraft, vessels and spacecraft (AVS).

* * * * *
    (a) * * *

    Note to paragraph (a).  An aircraft exported or reexported to a
country pursuant to this paragraph (a) may not remain in that
country for more than seven consecutive days before it departs for a
country to which it may be exported without a license or the United
States.

    (b) * * *
    (4) Cuba. Only items designated as EAR99 or controlled on the
Commerce Control List (CCL) (Supplement No. 1 to part 774 of the EAR)
only for anti-terrorism reasons (i.e., anti-terrorism must be the only
reason for control that applies to the item as set forth in the Export
Control Classification Number (ECCN) that controls the item) are
eligible for export or reexport to Cuba pursuant to this paragraph (b).
* * * * *
    (d) * * *
    (6) Cuba. Only the types of vessels listed in this paragraph (d)(6)
departing for Cuba for the purposes listed in this paragraph (d)(6) may
depart for Cuba pursuant to this paragraph (d). Vessels used to
transport both passengers and items to Cuba may transport automobiles
only if the export or reexport of the automobiles to Cuba have been
authorized by a separate license issued by BIS (i.e., not authorized by
license exception).
    (i) Cargo vessels for hire for use in the transportation of items;
    (ii) Passenger vessels for hire for use in the transportation of
passengers and/or items; and
    (iii) Recreational vessels that are used in connection with travel
authorized by the Department of the Treasury, Office of Foreign Assets
Control (OFAC).

    Note to paragraph (d).  A vessel exported or reexported to a
country pursuant to this paragraph (d) may not remain in that
country for more than 14 consecutive days before it departs for a
country to which it may be exported without a license or the United
States.

* * * * *

Sec.  740.18--[Amended]

0
3. Section 740.18 is amended by removing the number ``10%'' wherever it
appears in paragraph (b)(3) and adding in its place the number ``25%''.

Sec.  740.19--[Amended]

0
4. Section 740.19 is amended by removing ``, either sold or donated,''
from paragraph (a).

0
5. Section 740.21 is amended by:
0
a. Removing the third sentence from paragraph (b) introductory text;
0
b. Revising paragraph (c)(2) introductory text;
0
c. Redesignating paragraph (c)(2)(iii) and (iv) as paragraphs
(c)(2)(iv) and (v), respectively;
0
d. Adding paragraph (c)(2)(iii);
0
e. Removing ``, either sold or donated,'' from paragraph (d)(1); and
0
f. Adding paragraphs (d)(4), (e), and (f).
    The revision and additions read as follows:

Sec.  740.21  Support for the Cuban People (SCP).

* * * * *
    (c) * * *
    (2) The temporary export or reexport to Cuba of items by travelers
to Cuba for the travelers' use in scientific, archeological, cultural,
ecological, educational, historic preservation, or sporting activities,
or professional meetings or research. The following requirements apply:
* * * * *
    (iii) The items must remain under the traveler's ``effective
control'' while in Cuba.
* * * * *
    (d) * * *
    (4) The export or reexport to Cuba of commodities or software that
will be used by individuals or private sector entities to develop
software that will improve the free flow of information or that will
support the private sector activities described in paragraph (b) of
this section.
    The following are ineligible end-users:
    (i) The Cuban Government or the Cuban Communist Party and
organizations they administer or control;
    (ii) Ministers and vice-ministers; members of the Council of State;
members of the Council of Ministers; members and employees of the
National Assembly of People's Power; members of any provincial
assembly; local sector chiefs of the Committees for the Defense of the
Revolution; Director Generals and sub-Director Generals and higher of
all Cuban ministries and state agencies; employees of the Ministry of
the Interior (MININT); employees of the Ministry of Defense (MINFAR);
secretaries and first secretaries of the Confederation of Labor of Cuba
(CTC) and its component unions; chief editors, editors and deputy
editors of Cuban state-run media organizations and programs, including
newspapers, television, and radio; or members and employees of the
Supreme Court (Tribuno Supremo Nacional); and

    (iii) Members of the Politburo; the Central Committee; Department
Heads of the Central Committee; employees of the Central Committee; and
the secretaries and first secretaries of provincial Party central
committees.
    (e) Facilitating engagement, communications, and commerce. This
paragraph (e) authorizes the export or reexport to Cuba of certain
items intended to facilitate engagement between the U.S. and Cuban
people; the free flow of information to, from, and among the Cuban
people; and independent economic activity in Cuba. The export or
reexport must be within one or more of the following categories:
    (1) The export or reexport to Cuba of items for use by eligible
end-users to establish, maintain, or operate a physical presence in
Cuba. The items authorized pursuant to this paragraph (e)(1) are
limited to those designated as EAR99 (i.e., items subject to the EAR
but not specified in any ECCN) or controlled on the CCL only for anti-
terrorism reasons. To be eligible, the end-users must be ``U.S.
Persons,'' as defined in Sec.  772.1 of the EAR, and must fall within
one of the following categories:
    (i) Entities organizing or conducting educational activities in
Cuba authorized by the Department of the Treasury, Office of Foreign
Assets Control (OFAC) pursuant to 31 CFR 515.565(a);
    (ii) Entities providing mail or parcel transmission services
authorized by OFAC pursuant to 31 CFR 515.542(a) or providing cargo
transportation services in connection with trade involving Cuba
authorized by OFAC or exempt from the prohibitions of 31 CFR part 515
as specified in 31 CFR 515.206;
    (iii) Religious organizations engaging in religious activities in
Cuba authorized by OFAC pursuant to 31 CFR 515.566;
    (iv) Persons engaged in transactions authorized by OFAC pursuant to
31 CFR 515.559(b);
    (v) Persons that export or reexport items to Cuba that are exempt
from the prohibitions of 31 CFR part 515 as specified in 31 CFR
515.206;
    (vi) Providers of travel services or carrier services authorized by
OFAC pursuant to 31 CFR 515.572; or
    (vii) Persons that export or reexport to Cuba pursuant to a license
issued by BIS or a license exception authorized by Sec.  746.2(a)(1) of
the EAR.
    (2) The export or reexport to Cuba of certain items for use by
eligible end-users to establish, maintain, or operate a physical
presence in Cuba. To be eligible for this paragraph (e)(2), the end-
users must be authorized by OFAC to provide telecommunications services
and establish telecommunications facilities pursuant to 31 CFR
515.542(b) through (e) or to provide internet-based services pursuant
to 31 CFR 515.578, including subsidiaries, branches, offices, joint
ventures, franchises, and agency or other business relationships with
any entity or individual who is a national of Cuba. The items
authorized pursuant to this paragraph are limited to those designated
as EAR99 (i.e., items subject to the EAR but not specified in any ECCN)
or controlled on the CCL only for anti-terrorism reasons.
    (3) The export or reexport to Cuba of items to be given away for
free as gifts for promotional purposes. Items authorized pursuant to
this paragraph (e)(3) are limited to those items of a type normally
given away for free as gifts for promotional purposes that are
designated as EAR99 (i.e., items subject to the EAR but not specified
in any ECCN).

    Note to paragraph (e).  Any resulting payments associated with
establishing maintaining or operating a physical presence in Cuba,
such as lease payments, are permitted only to the extent authorized
by Sec.  515.573 of the Cuban Assets Control Regulations (31 CFR
515.573).

    (f) Temporary exports and reexports to Cuba. This paragraph (f)
authorizes the export or reexport to Cuba, for periods not exceeding
one year, of certain items designated as EAR99 or controlled only for
anti-terrorism reasons on the CCL (i.e., anti-terrorism must be the
only reason for control that applies to the item as set forth in the
ECCN that controls the item). If any other reason for control applies
to the item, it is not authorized for export or reexport by this
paragraph. This paragraph does not authorize any transaction if the
exporter or reexporter has ``knowledge'' that the item is intended to
remain in Cuba for more than one year; if an order to acquire the item,
such as a purchase order, has been received before shipment; or when
the item is for subsequent lease or rental. The export or reexport must
be within one or more of the following categories.
    (1) Tools of trade--commodities and software. Commodities or
software to be used by the exporter or reexporter or its employees for
the installation, servicing or repair of items that are subject to the
EAR and that have been exported or reexported to Cuba under a license
or license exception, or foreign-origin items that are not subject to
the EAR that are owned and used exclusively by private sector entities
in Cuba, may be exported or reexported under this paragraph (f). The
commodities or software must remain under the ``effective control'' of
the exporter or reexporter or its employees. Examples of security
precautions to help prevent unauthorized access include the following:
    (i) Use of secure connections, such as Virtual Private Network
connections, when accessing IT networks for activities that involve the
transmission and use of the software authorized under this license
exception;
    (ii) Use of password systems on electronic devices that store the
software authorized under this license exception; and
    (iii) Use of personal firewalls on electronic devices that store
the software authorized under this license exception.
    (2) Tools of trade--technology. Technology to be used by a `U.S.
person' exporter or reexporter or its employees who are traveling to or
on temporary assignment in Cuba for the installation, servicing or
repair of items that are subject to the EAR and that have been exported
or reexported to Cuba under a license or license exception, or foreign-
origin items that are not subject to the EAR that are owned and used
exclusively by private sector entities in Cuba, may be exported or
reexported under this paragraph (f). For purposes of this paragraph
(f)(2), a `U.S. person' is: an individual who is a citizen of the
United States, an individual who is ``lawfully admitted for permanent
residence'' in the United States as defined by 8 U.S.C. 1101(a)(20) or
an individual who is a protected individual as defined by 8 U.S.C.
1324b(a)(3). `U.S. person' also means any juridical person organized
under the laws of the United States, or any jurisdiction within the
United States (e.g., corporation, business association, partnership,
society, trust, or any other entity, organization or group that is
authorized to do business in the United States). If the employee who
will use the technology is not a `U.S. person,' the release of that
technology to that employee must either not require a license or be
authorized by a license or a license exception other than this section
before it may be exported or reexported to that employee under this
paragraph. The exporter or reexporter and the recipient of the
technology must take security precautions to protect against
unauthorized release of the technology while the technology is being
shipped or transmitted and used overseas. Examples of security
precautions to help prevent unauthorized access include the following:
    (i) Use of secure connections, such as Virtual Private Network
connections, when accessing IT networks for email

and other business activities that involve the transmission and use of
the technology authorized under this license exception;
    (ii) Use of password systems on electronic devices that will store
the technology authorized under this license exception; and
    (iii) Use of personal firewalls on electronic devices that will
store the technology authorized under this license exception.
    (3) Kits of replacement ``parts'' or ``components.'' Kits
consisting of replacement ``parts'' or ``components'' for items that
have been exported or reexported to Cuba under a license or license
exception, or foreign-origin items that are not subject to the EAR that
are owned and used exclusively by private sector entities in Cuba, may
be exported or reexported under this paragraph (f)(3) provided:
    (i) The kits remain under ``effective control'' of the exporter or
reexporter or its employees; and
    (ii) All parts and components in the kit are returned, except that
one-for-one replacements may be made in accordance with the
requirements of License Exception Servicing and Replacement of Parts
and Equipment (RPL) and the defective parts and components returned
(see Parts, Components, Accessories and Attachments in Sec.
740.10(a)).
    (4) Exhibition and demonstration. Commodities or software for
exhibition or demonstration at trade shows, or to any entity that would
be eligible to receive the commodities or software under paragraphs (a)
through (e) of this section, may be exported or reexported under this
paragraph
    (f). The commodities or software must remain under the ``effective
control'' of the exporter or reexporter or its private sector agent,
may not be exhibited or demonstrated at any one location for more than
30 days and may not be used for more than the minimum extent required
for effective exhibition or demonstration.
    (5) Containers. Containers that would require a license for export
or reexport to Cuba but that are necessary for shipment of commodities
being exported to Cuba under a license or license exception may be
exported or reexported to Cuba. However, this paragraph (f) does not
authorize the export of the container's contents, which, if not exempt
from licensing, must be separately authorized for export or reexport
under either a license or a license exception.

PART 746--[AMENDED]

0
6. The authority citation for 15 CFR part 746 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of May 6, 2015, 80 FR 26815 (May 8,
2015); Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
7. Section 746.2 is amended by revising paragraphs (a) introductory
text and (a)(1)(x) and adding paragraphs (a)(2) and (b)(6) to read as
follows:

Sec.  746.2  Cuba.

    (a) License requirements. As authorized by section 6 of the Export
Administration Act of 1979, as amended (EAA) and by the Trading with
the Enemy Act of 1917, as amended, you will need a license to export or
reexport all items subject to the EAR (see part 734 of the EAR for the
scope of items subject to the EAR) to Cuba, including any release of
technology or source code subject to the EAR to a Cuban national,
except as follows:
    (1) * * *
    (x) Aircraft, vessels and spacecraft (AVS) for certain aircraft on
temporary sojourn; equipment and spare parts for permanent use on a
vessel or aircraft, and ship and plane stores; or vessels on temporary
sojourn (see Sec.  740.15(a), (b), and (d) of the EAR).
* * * * *
    (2) Deemed exports and deemed reexports. A license is not required
to release technology or source code subject to the EAR but not on the
Commerce Control List (i.e., EAR99 technology or source code) to a
Cuban national in the United States or a third country.
    (b) * * *
    (6) License applications for exports or reexports of items to
ensure safety in civil aviation, including the safe operation of
commercial passenger aircraft will be considered on a case-by-case
basis.
* * * * *

PART 772--[AMENDED]

0
8. The authority citation for 15 CFR part 772 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2015, 80 FR 48233 (August 11, 2015).

0
9. In Sec.  772.1, the definition of ``U.S. Person'' is amended by
revising paragraphs (a) introductory text and (b) to read as follows.

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    U.S. Person. (a) For purposes of Sec. Sec.  740.21(e)(1), 744.6,
744.10, 744.11, 744.12, 744.13, and 744.14 of the EAR, the term U.S.
person includes:
* * * * *
    (b) See also Sec. Sec.  740.9, 740.14, and 740.21(f)(2) and parts
746 and 760 of the EAR for definitions of ``U.S. person'' that are
specific to those sections and parts.
* * * * *

    Dated: September 14, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-23495 Filed 9-18-15; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76081-76082]
[FR Doc No: 2020-26182]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1736]

Potential Approach for Ranking of Antimicrobial Drugs According
to Their Importance in Human Medicine: A Risk Management Tool for
Antimicrobial New Animal Drugs; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting and request for comments; extension of
comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the notice announcing a public meeting
and requesting comments that appeared in the Federal Register of
October 13, 2020. In that notice, FDA announced a public meeting, held
on November 16, 2020, and requested public input on a potential revised
approach for considering the human medical importance of antimicrobial
new animal drugs when assessing and managing the antimicrobial
resistance risks associated with the use of antimicrobial drugs in
animals. Specifically, the Agency requested comments on the potential
revised process for ranking antimicrobials according to their relative
importance in human medicine, on the potential criteria for their
ranking, and on the resulting ranked list of antimicrobial drugs. FDA
is taking this action in response to several requests for extension to
allow interested persons additional time to submit comments.

DATES: FDA is extending the comment period announced in the notice of
public meeting and request for comments published October 13, 2020 (85
FR 64481). Submit either electronic or written comments by March 16,
2021, to ensure that the Agency considers your comments regarding this
public meeting and request for comments.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-1736 for ``Potential Approach for Ranking of Antimicrobial
Drugs According to Their Importance in Human Medicine: A Risk
Management Tool for Antimicrobial New Animal Drugs.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts

and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kelly Covington, Center for Veterinary
Medicine, Food and Drug Administration, 7500 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of October 13, 2020,
FDA published a notice announcing a public meeting and requesting
comments on a concept paper entitled ``Potential Approach for Ranking
of Antimicrobial Drugs According to Their Importance in Human Medicine:
A Risk Management Tool for Antimicrobial New Animal Drugs'' with a 94-
day comment period.
    Interested persons were originally given until January 15, 2021, to
comment on the public meeting and request for comments. The Agency
received several requests to allow interested persons additional time
to comment. The requests conveyed concern that the initial 94-day
comment period did not allow sufficient time to develop a comprehensive
response. FDA believes that an extension of 60 days allows adequate
time for interested persons to submit comments.

    Dated: November 20, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-26182 Filed 11-25-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7427]
[DOCID:fr17fe09-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-208-000]

Rockies Express Pipeline LLC; Notice of Technical Conference

February 10, 2009.
    On February 17, 2009, staff of the Office of Energy Projects (OEP)
will hold a technical conference for the REX East Project. Rockies
Express Pipeline LLC requested the Technical Conference to discuss
compliance with Environmental Condition 147 of the Commission's May 30,
2008 Order.\1\
---------------------------------------------------------------------------

    \1\ Rockies Express Pipeline LLC, 123 FERC ] 61,234 (2008)
---------------------------------------------------------------------------

    The technical conference will be held on Tuesday, February 17,
2009, at 1:00 p.m. (EDT) in Room 3M-2A&B at the Commission
Headquarters, 888 1st Street, NE., Washington, DC.
    Information concerning any changes to the above may be obtained
from the Commission's Office of External Affairs at<PHONE_NUMBER> or
toll free at 1-866-208-FERC (208-3372).
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-3344 Filed 2-13-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Rules and Regulations]
[Page 64143-64145]
[DOCID:fr15no07-9]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27740; Directorate Identifier 2006-NM-290-AD;
Amendment 39-15256; AD 2007-23-10]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800
and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, -800 and -900 series
airplanes. This AD requires an inspection of the fillet sealant at the
inboard and outboard sides of the receptacles in the wheel wells of the
main landing gear, and related investigative/corrective actions if
necessary. This AD results from reports of in-production airplanes with
missing or insufficient fillet sealant around the receptacles at the
disconnect bracket. We are issuing this AD to prevent corrosion damage
due to missing or insufficient fillet sealant. Such corrosion could
result in insufficient electrical bonding between the connectors and
the disconnect bracket, and consequent loss of the shielding that
protects the wire bundles from lightning, electromagnetic interference
(EMI), and high intensity radiated field (HIRF). Loss of lightning,
EMI, and HIRF protection at those receptacles could cause failure of
multiple electrical systems and subsequent loss of several critical
control systems that are necessary for safe flight. In addition, a
lightning strike could cause arcing in the fuel tank; this potential
ignition source, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.

DATES: This AD becomes effective December 20, 2007.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 20,
2007.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Binh Tran, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,

Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov

or in person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Docket Operations
office (telephone<PHONE_NUMBER>) is located on the ground floor of the
West Building at the DOT street address stated in the ADDRESSES
section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
737-600, -700, -700C, -800 and -900 series airplanes. That NPRM was
published in the Federal Register on March 30, 2007 (72 FR 15073). That
NPRM proposed to require an inspection of the fillet sealant at the
inboard and outboard sides of the receptacles in the wheel wells of the
main landing gear, and related investigative/corrective actions if
necessary.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Support for NPRM

    Boeing and AirTran Airways support the NPRM's proposed actions.

Request for Parts Availability Accounting

    AirTran Airways requests that the expected parts usage and parts
availability be reviewed and addressed for feasibility prior to the
release of the final rule to ensure that parts shortages will not
necessitate requests for unnecessary alternative means of compliance or
adjustments of the compliance time. The commenter adds that there are
36 part numbers that could possibly need replacement if there is
corrosion beyond the acceptable limits in the service bulletin. Of
these 36 connectors, 9 part numbers are not available; of those, 5 do
not appear to be in the production pipeline. Quite a few part numbers
show less than a dozen available.
    We agree with the request and have coordinated with Boeing
regarding AirTran's concern. The NPRM cited Boeing Special Attention
Service Bulletin 737-24-1169, dated December 15, 2006. Since we issued
the NPRM, Boeing has revised the service bulletin. Revision 1, dated
August 6, 2007, provides optional connector part numbers, which will
ensure adequate replacement parts for the specified corrective actions.
The remaining information in Revision 1 is essentially unchanged. We
have revised paragraphs (c) and (f) of this final rule to refer to
Revision 1 of the service bulletin as the appropriate source of service
information for the applicability and the required actions. We have
included credit for actions previously performed in accordance with the
original service bulletin.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 333 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                Average      Cost per      U.S.-
                         Work hours                            labor rate    airplane    registered   Fleet cost
                                                                per hour                 airplanes
----------------------------------------------------------------------------------------------------------------
1...........................................................          $80          $80          118       $9,440
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2007-23-10 Boeing: Amendment 39-15256. Docket No. FAA-2007-27740;
Directorate Identifier 2006-NM-290-AD.

Effective Date

    (a) This AD becomes effective December 20, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800
and -900 series airplanes; certificated in any category; as
identified in Boeing Special Attention Service Bulletin 737-24-1169,
Revision 1, dated August 6, 2007.

Unsafe Condition

    (d) This AD results from reports of in-production airplanes with
missing or insufficient fillet sealant around the receptacles
installed in the wheel wells of the main landing gear (MLG). We are
issuing this AD to prevent corrosion damage due to missing or
insufficient fillet sealant. Such corrosion could result in
insufficient electrical bonding between the connectors and the
disconnect bracket, and consequent loss of the shielding that
protects the wire bundles from lightning, electromagnetic
interference (EMI), and high intensity radiated field (HIRF). Loss
of lightning, EMI, and HIRF protection at those receptacles could
cause failure of multiple electrical systems and subsequent loss of
several critical control systems that are necessary for safe flight.
In addition, a lightning strike could cause arcing in the fuel tank;
this potential ignition source, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection

    (f) Within 24 months after the effective date of this AD,
perform a detailed inspection to determine if there is sufficient
fillet sealant at the inboard and outboard sides of the receptacles
in the MLG wheel wells, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-24-
1169, Revision 1, dated August 6, 2007. Do all applicable related
investigative and corrective actions before further flight in
accordance with the service bulletin.
    (g) Accomplishment of an inspection and applicable related
investigative and corrective actions done before the effective date
of this AD in accordance with Boeing Special Attention Service
Bulletin 737-24-1169, dated December 15, 2006, is considered
acceptable for compliance with the corresponding requirements of
paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (i) You must use Boeing Special Attention Service Bulletin 737-
24-1169, Revision 1, dated August 6, 2007, to perform the actions
that are required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference of this document in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124-2207, for a copy of this service
information. You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22000 Filed 11-14-07; 8:45 am]

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