[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Rules and Regulations]
[Pages 71691-71695]
[FR Doc No: 2012-29276]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2001-8994; Amdt. No. 21-96]
RIN 2120-AK19

Type Certification Procedures for Changed Products

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising a final rule published on June 7, 2000 (65
FR 36244). In that final rule, the FAA amended its regulations for the
certification of changes to type-certificated products. That amendment
was to enhance safety by applying the latest airworthiness standards,
to the extent practical, for the certification of significant design
changes of aircraft, aircraft engines, and propellers. The existing
rule requires the applicant show that the ``changed product'' complies
with applicable standards. This action revises that requirement so that
an applicant is required to show compliance only for the change and
areas affected by the change. The intended effect of this action is to
make the regulation consistent with the FAA's

intent and with the certification practice both before and after the
adoption of the existing rule.

DATES: Effective date: This rule becomes effective February 4, 2013.
    Comment date: Send comments on or before January 3, 2013.

ADDRESSES: Send comments identified by docket number FAA-2001-8994
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 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<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket. This includes the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://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.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Victor Powell, Certification Procedures Office
(AIR-110), Aircraft Certification Service, Federal Aviation
Administration, 950 L'Enfant Plaza SW., Washington, DC 20024; telephone
(202) 385-6326; email<EMAIL_ADDRESS>or Randall Petersen,
Certification Procedures Office (AIR-110), Aircraft Certification
Service, Federal Aviation Administration, 950 L'Enfant Plaza SW.,
Washington, DC 20024; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>    For legal questions concerning this action, contact Douglas
Anderson, Northwest Mountain Region--Deputy Regional Counsel (ANM-7),
Office of the Chief Counsel, Federal Aviation Administration Northwest
Mountain Regional Office, 1601 Lind Ave. SW., Renton, WA 98057;
telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Federal Aviation Administration's (FAA) authority to issue
rules on 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 the scope of
the FAA Administrator's authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, chapter 447, section 44701. Under
that section, Congress charges the FAA with promoting the safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the FAA Administrator finds
necessary for safety in air commerce. This regulation is within the
scope of that authority because it will clarify existing requirements
for an applicant's showing of compliance of an altered type-
certificated product.

I. Overview of Final Rule

    The FAA has recognized over time the wording of current Sec.
21.101 may establish a requirement for a compliance showing that is too
broad for an applicant for a major design change. The current Sec.
21.101(a) requires an applicant to show the ``changed product'' meets
applicable airworthiness requirements.\1\ The purpose of Sec.  21.101
is to require an applicant to evaluate the proposed design change and
its effect on the product rather than the re-evaluation (certification)
of the entire changed product. Therefore, Sec.  21.101 is amended to
replace ``changed product'' with ``change and areas affected by the
change'' to accurately limit the scope of compliance responsibility for
the applicant. That change is also made in Sec.  21.97 for the same
reason.
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    \1\ The term ``product'' is defined in Sec.  21.1(b) as
``aircraft, aircraft engine, or propeller.''
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II. Background

    On June 7, 2000, the FAA published a final rule entitled, ``Type
Certification Procedures for Changed Products'' (65 FR 36244). In that
final rule, the FAA revised the procedural requirements for the
certification of changes to type-certificated products. The revision
required the applicant to apply the latest airworthiness standards in
effect, to the extent practical, for the certification of significant
design changes of aircraft, aircraft engines, and propellers. Before
this final rule, many changes to aeronautical products were not
required to show compliance with the latest airworthiness standards.
This rule was needed because incremental design approval changes
accumulated into significant differences from the original product. The
final rule was intended to expand under what conditions the latest
airworthiness amendments needed to be applied to changes to
aeronautical products.

A. Statement of the Problem

    Section 21.101 requires that applicants show the ``changed
product'' meets the applicable requirements to obtain an amended type
certificate, supplemental type certificate, or amended supplemental
type certificate. While the purpose of the rule was to enhance safety
by requiring compliance with the latest amendments, we intended to
limit an applicant's responsibility to those areas affected by the
change. Areas not affected by the change, as described in Sec.
21.101(b)(2) need not be resubstantiated.
    The preambles to the notice of proposed rulemaking (NPRM) (62 FR
24294, May 2, 1997) and the subsequent final rule entitled ``Type
Certification Procedures for Changed Products'' (65 FR 36244, June 7,
2000) established parameters of an applicant's responsibility for
showing compliance with the latest amendments to the change and those
areas affected by the change of a type-certificated product. However,
the term ``product'' is defined in Sec.  21.1(b) to mean ``aircraft,
aircraft engine, or propeller.'' By requiring applicants to show the
``changed product'' meets applicable requirements, we inadvertently
required the entire product be shown to meet at least the requirements
that applied to the original type certificate. This was not our intent
and was neither the FAA's practice before the adoption of that rule,
nor has it been our practice since its adoption.

B. Revision to the Regulation

    The term ``changed product'' is replaced with ``change and areas
affected by the change'' in Sec.  21.101 to be consistent with the rule
language as established in Sec.  21.101(b)(2) and (b)(3)

and to clarify the responsibility of the applicant. The ``change''
refers to the design change proposed by the applicant. ``Areas affected
by the change'' refers to aspects of the type design the applicant may
not be proposing to change directly, but that are affected by the
applicant's proposal. For example, changing an airframe's structure,
such as adding a cargo door in one location, may affect the frame or
floor loading in another area. Further, upgrading engines with new
performance capabilities could require additional showing of compliance
for minimum control speeds and airplane performance requirements. For
many years the FAA has required applicants to consider these effects,
and this practice is unchanged by this rulemaking.
    During efforts to revise Sec.  21.101, the FAA discovered that
Sec.  21.97(a)(2), Approval of major changes in type design, contains
similar language to Sec.  21.101 in the case of a ``changed product.''
The FAA has therefore determined that Sec.  21.97(a)(2) should also be
changed by this amendment.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Orders 12866 and 13563 direct that each
Federal agency shall propose or adopt a regulation only upon a reasoned
determination the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a federal mandate likely to result in the expenditure by state,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA determined that this rule:
(1) Has benefits that justify its costs, (2) is not an economically
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, (3) is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures, (4) will not have a significant
economic impact on a substantial number of small entities, (5) will not
create unnecessary obstacles to the foreign commerce of the United
States, and (6) will not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order allows that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a minimal cost determination has been made on this final rule
because this requirement reflects current practices.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a final rule
will have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare an initial regulatory flexibility analysis as described in the
RFA. However, if an agency determines that a final rule will not have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
    The net economic impact of this rule is expected to be minimal. As
this rule is clarifying in nature, the acting FAA Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. We assessed the
potential effect of this rule and determined that it will not
constitute an obstacle to the foreign commerce of the United States,
and, thus, is consistent with the Trade Assessments Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by state, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $143.1 million in lieu of $100 million. This rule does not contain
such a mandate; therefore, the requirements of Title II do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312(f) of the Order and involves no
extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 12866

    See the ``Regulatory Evaluation'' discussion in the ``Regulatory
Notices and Analyses'' section elsewhere in this preamble.

B. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, will not have Federalism implications.

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order and it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the amendments in
this document. The most helpful comments reference a specific portion
of the rulemaking, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    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 rulemaking. Before acting on this rulemaking,
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 agency may change this proposal in light of the
comments it receives.
    Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using
the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.

C. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.

The Amendments

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

0
1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.

0
2. In Sec.  21.97, revise paragraph (a)(2) to read as follows:

Sec.  21.97  Approval of major changes in type design.

    (a) * * *
    (2) Show that the change and areas affected by the change comply
with the applicable requirements of this subchapter, and provide the
FAA the means by which such compliance has been shown; and
* * * * *

0
3. In Sec.  21.101, revise paragraphs (a), (b) introductory text,
(b)(3), and (c) to read as follows:

Sec.  21.101  Designation of applicable regulations.

    (a) An applicant for a change to a type certificate must show that
the change and areas affected by the change comply with the
airworthiness requirements applicable to the category of the product in
effect on the date of the application for the change and with parts 34
and 36 of this chapter. Exceptions are detailed in paragraphs (b) and
(c) of this section.
    (b) Except as provided in paragraph (g) of this section, if
paragraphs (b)(1), (2), or (3) of this section apply, an applicant may
show that the change and areas affected by the change comply with an
earlier amendment of a regulation required by paragraph (a) of this
section, and of any other regulation the FAA finds is directly related.
However, the earlier amended regulation may not precede either the
corresponding regulation incorporated by reference in the type
certificate, or any regulation in Sec. Sec.  23.2, 25.2, 27.2, or 29.2
of this subchapter that is related to the change. The applicant may
show compliance with an earlier amendment of a regulation for any of
the following:
* * * * *
    (3) Each area, system, component, equipment, or appliance that is
affected by the change, for which the FAA finds that compliance with a
regulation described in paragraph (a) of this section would not
contribute materially to the level of safety of the product or would be
impractical.
    (c) An applicant for a change to an aircraft (other than a
rotorcraft) of 6,000 pounds or less maximum weight, or to a non-turbine
rotorcraft of 3,000 pounds or less maximum weight may show that the
change and areas affected by the change comply with the regulations
incorporated by reference in the type certificate. However, if the FAA
finds that the change is significant in an area, the FAA may designate
compliance with an amendment to the regulation incorporated by
reference in the type certificate that applies to the change and any
regulation that the FAA finds is directly related, unless the FAA also
finds that compliance with that amendment or regulation would not
contribute materially to the level of safety of the product or would be
impractical.
* * * * *

    Issued in Washington, DC on November 21, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-29276 Filed 12-3-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Notices]
[Pages 72680-72681]
[FR Doc No: 2020-25084]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4563-DR; Docket ID FEMA-2020-0001]

Alabama; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alabama (FEMA-4563-DR), dated September 20, 2020, and
related determinations.

DATES: This amendment was issued October 9, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective September 16, 2020.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049,

Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-25084 Filed 11-12-20; 8:45 am]
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[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Page 27076]
[FR Doc No: 2012-10996]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0019; OMB No. 1660-0073]

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the Urban Search and Rescue
Response System information collection.

DATES: Comments must be submitted on or before July 9, 2012.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2012-0019. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., Room 835, Washington, DC
20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) Email. Submit comments to<EMAIL_ADDRESS>Include Docket
ID FEMA-2012-0019 in the subject line.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Catherine Deel, Program Specialist,
Urban Search and Rescue Branch at<PHONE_NUMBER>. You may contact the
Records Management Division for copies of the proposed collection of
information at facsimile number<PHONE_NUMBER> or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 303 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C.
5144, authorizes the President of the United States to form emergency
support teams of Federal personnel to be deployed to an area affected
by major disaster or emergency. Section 403(a)(3)(B) of the Stafford
Act provides that the President may authorize Federal Agencies to
perform work on public or private lands essential to save lives and
protect property, including search and rescue and emergency medical
care, and other essential needs. The Post Katrina Emergency Management
Reform Act (PKEMRA) codified the Urban Search and Rescue in the
Homeland Security Act (HAS) of 2002 (as amended), stating ``There is in
the Agency [FEMA] a system known as the Urban Search and Rescue
Response System'' (US&R) under these authorities. The information
collection activity authorized under 44 CFR part 208, 44 CFR part 13,
and OMB Circular A-110 is the collection of program and administrative
information from US&R Sponsoring Agencies relating to readiness and
response cooperative agreement awards.

Collection of Information

    Title: National Urban Search and Rescue Grant Program.
    Type of Information Collection: Revision of a currently approved
information collection.
    FEMA Forms: FEMA Form 089-0-10, Urban Search Rescue Response System
Narrative Statement; FEMA Form 089-0-11, Urban Search Rescue Response
System Semi-Annual Performance Report; FEMA Form 089-0-12, Urban Search
Rescue Response System Budget Change Form; FEMA Form 089-0-14, Urban
Search Rescue Response System Self Evaluation; and FEMA Form 089-0-15,
Urban Search Rescue Response System Task Force Deployment Data.
    Abstract: The information collected for the National Urban Search
and Rescue Grant Program evaluates a grantee's proposed use of funds
and is required information needed in order to receive Federal funding.
The forms used in this collection are used by grantees to provide FEMA
with cooperative agreements and a description of the types of eligible
activities the grantee will undertake and a plan for expending and
monitoring funds.
    Affected Public: State, local or Tribal government.
    Number of Respondents: 28.
    Number of Responses: 1.
    Estimated Total Annual Burden Hours: 476 hours.
    Estimated Cost: There are no record keeping, capital start-up or
maintenance costs associated with this information collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) Evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: May 1, 2012.
John G. Jenkins, Jr.,
Acting Chief Administrative Officer, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2012-10996 Filed 5-7-12; 8:45 am]
BILLING CODE 9111-54-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 20, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2006-23978

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of NORTHWEST AIRLINES, INC. (NORTHWEST) filed 2/15/06 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points in Latin America pursuant
to code-share arrangements with Continental Airlines, Inc.
(Continental) and Delta Air Lines, Inc. (Delta).  Specifically,
Northwest intends to place its designator code (1) on flights operated
by Continental between Houston, Texas, on the one hand, and Buenos
Aires, Argentina; Cali, Colombia; and Punta Cana, Dominican Republic, on
the other hand, and (2) on flights operated by Delta between New York,
New York, and San Paulo, Brazil; and between Atlanta, Georgia, on the
one hand, and Punta Cana and Santo Domingo, Dominican Republic; Buenos
Aires, Argentina; and Rio de Janeiro, Brazil, on the other hand, and to
integrate this authority with its existing certificate and exemption
authority.

Applicant rep:  Megan Rae Rosia<PHONE_NUMBER>   DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>

DISPOSITION

XX  Granted in part (subject to conditions)

XX  Dismissed in part (request for route integration authority)

The above action was effective was effective when taken: March 20, 2006,
through March 20, 2008, or until 90 days after final Department action
on Northwest’s corresponding application for a certificate of public
convenience and necessity in Docket OST-2006-23977, whichever occurs
earlier.

Action taken by:  Paul L. Gretch, Director

                              Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Argentina, the United States and Brazil,
the United States and Colombia, and the United States and the Dominican
Republic of 1986 and with the overall state of aviation relations
between the United States and the Dominican Republic.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	   XX Holder’s certificates of public convenience and necessity

 	   XX Standard exemption conditions (attached)

________________________________________________________________________
____________

Conditions:  The code-share operations conducted under this
authorization are subject to the following conditions:

The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected.

(b)	 The authority granted here is specifically conditioned so that
neither Northwest nor its code-share partner shall give any force or
effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major federal action under the Energy Policy and Conservation Act of
1975.  To the extent not granted or dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp U.S. Carrier Exemption
Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										  05/2004

 Northwest's application here for exemption authority also references a
pending Northwest application for corresponding certificate authority.
See Docket OST-2006-23977.  We will handle its certificate request
separately.

 The carrier’s request for route integration authority has been
superseded by Order 2006-1-1, where the Department awarded the carrier a
blanket route integration certificate.

 PAGE

 PAGE   3


[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Page 8233]
[FR Doc No: 2014-02953]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Medical
Standards and Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The information collected is used to determine if
applicants are medically qualified to perform the duties associated
with the class of airman medical certificate sought.

DATES: Written comments should be submitted by April 14, 2014.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0034.
    Title: Medical Standards and Certification.
    Form Numbers: FAA forms 8500-7, 8500-8, 8500-14.
    Type of Review: Renewal of an information collection.
    Background: The Secretary of Transportation collects this
information under the authority of 49 U.S.C. 40113; 44701; 44510;
44702; 44703; 44709; 45303; and 80111. Airman medical certification
program is implemented by Title 14 Code of Federal Regulations (CFR)
parts 61 and 67 (14 CFR parts 61 and 67). Using three forms to collect
information, the Federal Aviation Administration (FAA) determines if
applicants are medically qualified to perform the duties associated
with the class of airman medical certificate sought.
    Respondents: Approximately 414,300 applicants for airman medical
certificates.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1.5 hours.
    Estimated Total Annual Burden: 598,950 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, ASP-110, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on February 5, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-200.
[FR Doc. 2014-02953 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38341-38343]
[FR Doc No: 2014-15737]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31140; 812-14327]

BNP Paribas S.A., et al.; Notice of Application and Temporary
Order

June 30, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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SUMMARY: Applicants have received a temporary order exempting them from
section 9(a) of the Act, with respect to guilty pleas entered on June
30, 2014 or shortly thereafter, by BNP Paribas S.A. (``BNPP'') in the
U.S. District Court for the Southern District of New York (``District
Court'') in connection with a plea agreement between BNPP and the U.S.
Department of Justice and the Office of the U.S. Attorney for the
Southern District of New York (together with the Department of Justice,
the ``DOJ''), and in the Supreme Court of the State of New York, County
of New York (``NY Supreme Court''), in connection with a plea agreement
between BNPP and the New York County District Attorney's Office
(``DANY''), until the Commission takes final action on an application
for a permanent order. Applicants have also applied for a permanent
order.
    Applicants: Fischer Francis Trees & Watts, Inc. (``FFTW''), Bishop
Street Capital Management Corp. (``BSCM''), Impax Asset Management Ltd.
(``IAM''), and BNPP (each an ``Applicant'' and collectively, the
``Applicants'').\1\
---------------------------------------------------------------------------

    \1\ Applicants request that any relief granted pursuant to the
application also apply to any existing or future company of which
BNPP is or may become an affiliated person within the meaning of
section 2(a)(3) of the Act (together with the Applicants, the
``Covered Persons'') with respect to any activity contemplated by
section 9(a) of the Act.
---------------------------------------------------------------------------

    Filing Date: The application was filed on June 30, 2014. Applicants
have agreed to file an amendment during the notice period, the
substance of which is reflected in this notice.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving Applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on July 25, 2014, and should be accompanied by proof of
service on Applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: Betty Whelchel, BNP
Paribas S.A., 787 Seventh Avenue, New York, NY 10019, with a copy to
Donald R. Crawshaw and Wendy M. Goldberg, Sullivan & Cromwell LLP, 125
Broad Street, New York, NY 10004.

FOR FURTHER INFORMATION CONTACT:  Kieran G. Brown, Senior Counsel, at
(202) 551-6773 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a temporary order and a
summary of the application. The complete application may be obtained
via the Commission's Web site by searching for the file number, or an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations:

    1. BNPP is organized under the laws of France as a credit
institution and is a major global bank active in seventy-five countries
with key positions in its three main areas of activity: retail banking,
investment solutions and corporate and investment banking. FFTW and
BSCM are each indirect wholly-owned subsidiaries of BNPP. IAM is a
subsidiary of a company listed on the Alternative Investment Market of
the London Stock Exchange and BNPP indirectly owns 25.22% of such
company's shares. FFTW, a corporation formed under the laws of New
York, BSCM, a corporation formed under the laws of Hawaii, and IAM, a
limited liability company formed under the laws of the United Kingdom,
are each registered as an investment adviser under the Investment
Advisers Act of 1940. FFTW, BSCM and IAM serve as investment adviser
(as defined in section 2(a)(20) of the Act) to investment companies
registered under the Act or series of such companies (``Funds'') (such
activities, ``Fund Service Activities'').
    2. On June 30, 2014, the DOJ filed a notice of intent to file a
one-count criminal information in the District Court and the DANY filed
a two-count criminal information in the NY Supreme Court, respectively
against BNPP. The DOJ's information, which was filed on July 1, 2014,
charged BNPP with conspiracy to commit an offense against the United
States in violation of Title 18, United States Code, Section 371, by
conspiring to violate the International Emergency Economic Powers Act
(``IEEPA''), codified at Title 50, United States Code, Section 1701 et
seq., and regulations issued thereunder, and the Trading with the Enemy
Act (``TWEA''), codified at Title 50, United States Code Appendix,
Section 1 et seq., and regulations issued thereunder. DANY's
information charged BNPP with the crime of falsifying business records
in the first degree, in violation of Penal Law Sec.  175.10, and
conspiracy in the fifth degree, in violation of Penal Law

Sec.  105.05(1). BNPP has agreed to resolve the action brought by DANY
through a plea agreement dated June 30, 2014, and the action brought by
the DOJ through a plea agreement to be entered in July 2014
(collectively, the ``Plea Agreements''). Under the Plea Agreements,
BNPP will plead guilty to the charges set out in the respective
informations. Applicants expect that the District Court and the NY
Supreme Court will enter judgments against BNPP that will require
remedies that are materially the same as set forth in the Plea
Agreements. Pursuant to the Plea Agreements, BNPP agreed to comply with
the undertakings described in the application and to pay substantial
criminal penalties and restitution.
    3. BNPP will enter into a Cease and Desist Order Issued Upon
Consent with the Board of Governors of the Federal Reserve System (the
``Federal Reserve'') and the French Authorit[eacute] de Contr[ocirc]le
Prudentiel et de R[eacute]solution (the ``ACPR'') to resolve certain
findings in connection with the conduct underlying the Plea Agreements
(including the conduct described in any of the exhibits to the Plea
Agreements) (the ``Conduct'') by the Federal Reserve and the ACPR (the
``Federal Reserve/ACPR Order'').
    4. BNPP will enter into an Order to Cease and Desist and Order of
Assessment of a Civil Money Penalty Issued Upon Consent with the
Federal Reserve to resolve certain findings related to the Conduct by
the Federal Reserve (the ``Federal Reserve CMP Order'').
    5. BNPP will enter into a Consent Order related to the Conduct with
the New York State Department of Financial Services (``DFS'') with
respect to falsifying business records and certain clearing activities
(the ``DFS Order'').
    6. BNPP also will enter into a Consent Order related to the Conduct
with the United States Department of the Treasury's Office of Foreign
Asset Control (the ``OFAC Order'').
    7. Nine individuals who have been identified as having been
responsible for the Conduct are current employees of BNPP or a Covered
Person due to certain legal requirements imposed by Swiss or French
law, as applicable. These individuals are not and will not be active
and will not be involved in the operations of any Applicant or Covered
Person. All but two of the individuals identified as having been
responsible for the Conduct that remain employees of BNPP or a Covered
Person will have either resigned, retired, or been terminated no later
than December 31, 2014. The remaining two employees are inactive and
will be terminated when Swiss law permits. All other employees of BNPP
and any Covered Person who were identified as having been responsible
for the Conduct have either resigned or been terminated.
    8. BNPP has agreed to lawfully undertake the following pursuant to
the Plea Agreements: (1) BNPP has agreed to pay a monetary penalty in
the amount of $8.8336 billion; (2) BNPP has agreed that any compliance
consultant or monitor imposed by the Federal Reserve or DFS will submit
every report it produces to each of the Federal Reserve, the DFS, and
DANY; (3) BNPP has agreed to enhance its compliance policies and
procedures with regard to U.S. sanctions laws and regulations; (4) BNPP
has agreed to abide by the Federal Reserve/ACPR Order, the Federal
Reserve CMP Order, and the DFS Order; and (5) BNPP has agreed to
truthfully and completely disclose any information requested and
completely and fully cooperate with DANY, the Federal Bureau of
Investigation, the Internal Revenue Service Criminal Investigation and
any other governmental agency designated by the DOJ or DANY.
Additionally, BNPP is undertaking ongoing remediation efforts to
strengthen its internal controls, making structural changes to its
Compliance and Group Financial Security (``GFS'') department and
reviewing its business to ensure best practices with respect to U.S.
dollar clearing and payment flows. These steps include upgrading their
transaction filtering tools and streamlining alert management
procedures. In addition, BNPP will physically transfer part of its GFS
function from Paris to New York, and will operate the U.S. compliance
function as a U.S. person. All BNPP majority-owned subsidiaries and
branches have been instructed to implement a process for the direction
of all U.S. dollar clearing transactions through BNPP's New York
branch.

Applicants' Legal Analysis

    1. Section 9(a)(1) of the Act provides, in pertinent part, that a
person may not serve or act as an investment adviser or depositor of
any registered investment company or a principal underwriter for any
registered open-end investment company or registered unit investment
trust, if such person within ten years has been convicted of any felony
or misdemeanor arising out of such person's conduct, as, among other
things, an investment adviser, a broker or dealer, or a bank. Section
2(a)(10) of the Act defines the term ``convicted'' to include a plea of
guilty. Section 9(a)(3) of the Act extends the prohibitions of section
9(a)(1) to a company any affiliated person of which has been
disqualified under the provisions of section 9(a)(1). Section 2(a)(3)
of the Act defines ``affiliated person'' to include, among others, any
person directly or indirectly controlling, controlled by, or under
common control with, the other person. Applicants state that BNPP is an
affiliated person of each of the other Applicants within the meaning of
section 2(a)(3). Applicants state that the Plea Agreements would result
in a disqualification of each Applicant for ten years under section
9(a) of the Act because BNPP would become the subject of a conviction
described in 9(a)(1).
    2. Section 9(c) of the Act provides that the Commission shall grant
an application for exemption from the disqualification provisions of
section 9(a) if it is established that these provisions, as applied to
Applicants, are unduly or disproportionately severe or that the
Applicants' conduct has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking
temporary and permanent orders exempting the Applicants and other
Covered Persons from the disqualification provisions of section 9(a) of
the Act.
    3. Applicants believe they meet the standard for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that the conduct of Applicants has been such as not to make
it against the public interest or the protection of investors to grant
the exemption from section 9(a).
    4. Applicants assert that the Conduct did not involve any of
Applicants acting as an investment adviser or depositor of any Fund,
employees' securities company, or business development company or as
principal underwriter for any open-end management investment company,
unit investment trust, or face amount certificate company registered
under the Act. The Conduct similarly did not involve any Fund with
respect to which Applicants engaged in Fund Service Activities.\2\
Applicants further assert that (i) none of the current or former
directors, officers or employees of the Applicants (other than certain
personnel of BNPP who were not involved in any of the Applicants' Fund
Service Activities) had involvement in the Conduct; (ii) except as
noted above, no current or former employee of BNPP or any Covered
Person who previously has been or who subsequently may be

identified by BNPP or any U.S. or non-U.S. regulatory or enforcement
agencies as having been responsible for the Conduct will be an officer,
director, or employee of FFTW, BSCM, or IAM, or of any other Covered
Person; (iii) those identified employees have had no, and will not have
any future, involvement in the Covered Persons' activities in any
capacity described in section 9(a) of the Act; and (iv) because the
personnel of the Applicants (other than certain personnel of BNPP who
were not involved in any of the Applicants' Fund Service Activities)
did not have any involvement in the Conduct, shareholders of the Funds
were not affected any differently than if those Funds had received
services from any other non-affiliated investment adviser.
---------------------------------------------------------------------------

    \2\ BNPP does not engage, has not engaged, and will not engage
in Fund Service Activities.
---------------------------------------------------------------------------

    5. Except as discussed above, Applicants have agreed that neither
they nor any of the other Covered Persons will employ any of the
current or former employees of BNPP or any Covered Person who
previously have been or who subsequently may be identified by BNPP or
any U.S. or non-U.S. regulatory or enforcement agencies as having been
responsible for the Conduct in any capacity without first making a
further application to the Commission pursuant to section 9(c).
Applicants also have agreed that each Applicant (and any Covered Person
that acts in any capacity described in section 9(a) of the Act) will
adopt and implement policies and procedures reasonably designed to
ensure compliance with the terms and conditions of the order granted
under section 9(c). In addition, BNPP has agreed to comply in all
material respects with the material terms and conditions of the Plea
Agreements and the material terms of the Federal Reserve/ACPR Order,
the Federal Reserve CMP Order, the DFS Order and the OFAC Order, all of
which are described more fully in the application.
    6. Applicants further represent that the inability of FFTW, BSCM,
and IAM to continue providing Fund Service Activities would result in
potential hardships for both the Funds and their shareholders.
Applicants state that they will distribute written materials, including
an offer to meet in person to discuss the materials, to the board of
trustees/directors of the Funds, including the directors who are not
``interested persons,'' as defined in section 2(a)(19) of the Act, of
such Funds, and their independent legal counsel as defined in rule 0-
1(a)(6) under the Act, if any, regarding the Plea Agreements, any
impact on the Funds, and the application. The Applicants will provide
the Funds with all information concerning the Plea Agreements and the
application that is necessary for the Funds to fulfill their disclosure
and other obligations under the federal securities laws.
    7. Applicants also state that, if FFTW, BSCM, and IAM were barred
from providing Fund Service Activities to the Funds, the effect on
their business and employees would be severe.
    8. Applicants state that none of the Applicants and none of their
affiliates previously have received orders under section 9(c).

Applicants' Conditions

    Applicants agree that any order granted by the Commission pursuant
to the application will be subject to the following conditions:
    1. Any temporary exemption granted pursuant to the application will
be without prejudice to, and will not limit the Commission's rights in
any manner with respect to, any Commission investigation of, or
administrative proceedings involving or against, Covered Persons,
including, without limitation, the consideration by the Commission of a
permanent exemption from section 9(a) of the Act requested pursuant to
the application or the revocation or removal of any temporary
exemptions granted under the Act in connection with the application.
    2. Except as set out in the second paragraph on Section IV.E. of
the application, neither the Applicants nor any of the other Covered
Persons will employ any of the current or former employees of BNPP or
any Covered Person who previously have been or who subsequently may be
identified by BNPP or any U.S. or non-U.S. regulatory or enforcement
agencies as having been responsible for the Conduct in any capacity
without first making a further application to the Commission pursuant
to section 9(c).
    3. Each Applicant and Covered Person will adopt and implement
policies and procedures reasonably designed to ensure that it will
comply with the terms and conditions of the requested orders within 60
days of the date on which any permanent order is granted or, with
respect to condition four, such later date as may be contemplated by
the Federal Reserve/ACPR Order, the Federal Reserve CMP Order, the DFS
Order or the OFAC Order.
    4. BNPP will comply in all material respects with the material
terms and conditions of the Plea Agreements and with the material terms
of the Federal Reserve/ACPR Order, the Federal Reserve CMP Order, the
DFS Order and the OFAC Order.
    5. Applicants will provide written notification to the Chief
Counsel of the Commission's Division of Investment Management, with a
copy to the Chief Counsel of the Commission's Division of Enforcement,
of a material violation of the terms and conditions of the requested
orders within 30 days of discovery of the material violation.

Temporary Order

    The Commission has considered the matter and finds that the
Applicants have made the necessary showing to justify granting a
temporary exemption.

Accordingly

    It is hereby ordered, pursuant to section 9(c) of the Act, that the
Applicants and the other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), effective forthwith,
solely with respect to guilty pleas entered into pursuant to the Plea
Agreements, subject to the representations and conditions in the
application, until the date the Commission takes final action on their
application for a permanent order.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-15737 Filed 7-3-14; 8:45 am]
BILLING CODE 8011-01-P


                                                                                Served: June 27, 2005

                                                                                Posted:  June 27, 2005 2:10 p.m.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 27th of June, 2005

INTRA ALASKA BUSH SERVICE MAIL RATES

Docket OST-2003-14694

NOTICE

On June 16, 2005, pursuant to Rule 302.11, Peninsula Airways, Inc., requested that the filing deadline in response to Order 2005-6-6, intra-Alaska bush mail rates, be extended from July 7 to July 22.  Peninsula indicated it needed more time to complete its analysis and formulate a response.  There were no objections to this request.

We hereby grant that request to extend the deadline for comments to July 22.

By:

KARAN K. BHATIA

Assistant Secretary for Aviation

    and International Affairs

(SEAL)

-  PAGE 2  -


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

                                                                                Served: May 19, 2003

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

PACE AIRLINES, INC.

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

NOTICE OF REGISTRATION OF TRADE NAME

On April 24, 2003, Pace Airlines, Inc., a certificated air carrier, requested that the Department register the trade name “Vacation Express” for use in certain of its charter passenger operations.

Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department.  The rule further states that the Department may register such trade name after the carrier gives notification to similarly named carriers of the proposed use of the trade name.  In this case, there are no similarly named carriers.

Under these circumstances, we acknowledge the registration of the trade name “Vacation Express” by Pace Airlines for use in its operations.

Dated at Washington, D.C. on May 16, 2003

RANDALL D. BENNETT

Director

Office of Aviation Analysis

				Attachment A

SERVICE LIST FOR PACE AIRLINES

MR F DARRELL RICHARDSON

PRESIDENT & CEO

PACE AIRLINES

3800 N LIBERTY STREET

WINSTON-SALEM NC  27105

MR ROBERT E COHN

MS SHERYL R ISRAEL

CNSL FOR PACE AIRLINES

SHAW PITTMAN

2300 N STREET NW

WASHINGTON DC  20037

MANAGER ASO-200

FAA SO REGION HDQ

PO BOX 20636

ATLANTA GA  30320

MR DON BRIGHT  K-14

OFFICE OF AIRLINE INFO

DEPT OF TRANSPORTATION

400 7TH STREET SW

WASHINGTON DC  20590

AMERICAN ASSOC OF

AIRPORT EXECUTIVES

601 MADISON ST  STE 400

ALEXANDRIA VA  22314

MR JAMES VERRE

MANAGER FAA FSDO-05

6433 BRYAN BLVD

GREENSBORO  NC  27409

REGIONAL CNSL ASO-7

FLIGHT STANDARDS DIV

SOUTHERN REGION HDQS

PO BOX 20636

ATLANTA GA  30320

MR RICHARD DUTTON

ASST MANAGER CSET

FAA AFS-900 SUITE 203B

45005 AVIATION DRIVE

DULLES VA  20166-7537

MR PETER LYNCH

ASST CHIEF CNSL FOR

ENFORCEMENT AGC-300

FAA

800 INDEPENDENCE AVE SW

WASHINGTON DC  20591

MS JONI MOUNT

PRODUCT MANAGER

OFFICIAL AIRLINE GUIDE

2000 CLEARWATER DR

OAK BROOK IL  60521

MR JAMES ZAMMAR

DIRECTOR OF REVENUE

ACCOUNTING

ATA  SUITE 1100

1301 PENNSYLVANIA AVE NW

WASHINGTON DC  20004

MR ALLEN MUTEN

ASST TREASURER

AIRLINES REPORTING CORP

1530 WILSON BLVD  STE 800

ARLINGTON VA  22209-2448

MR J D MEALOR

AIRLINE DATA COORDINATOR

INNOVATA LLC

3915 OLD MUNDY MILL RD

OAKWOOD GA  30566-3410

VACATION EXPRESS

2987 CLAIRMONT RD

SUITE 203

ATLANTA GA  30329

	Pace Airlines conducts operations under certificates authorizing it to engage in interstate and foreign charter air transportation.  (See Order 2002-1-17, issued January 31, 2002.)  The company has previously registered the trade name “Hooters Air” for use in certain of its charter operations.

 	Pace notes that it has been authorized by Vacation Express, a tour operator, to register this trade name with the Department.  We have noted some confusion in similar situations where airlines have registered and used trade names identical to those of public charter operators or other marketing entities.  We caution all companies involved in such situations to ensure that there is no misrepresentation as to their respective functions, in particular with respect to the identity of the air carrier that is actually operating the flights being held out.