[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Rules and Regulations]
[Pages 47895-47899]
[FR Doc No: 2020-17334]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket Nos.: FAA-2020-0772 and FAA-2018-0954; Amdt. No. 93-103]
RIN 2120-AL65

Extension of the Requirement for Helicopters To Use the New York
North Shore Helicopter Route

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

ACTION: Final rule.

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

SUMMARY: This final rule amends the expiration date of the final rule
requiring pilots operating civil helicopters under Visual Flight Rules
to use the New York North Shore Helicopter Route when operating along
that area of Long Island, New York. The current rule expires on August
6, 2020. The FAA finds it necessary to extend the rule for an
additional two years.

DATES: Effective August 5, 2020 through August 5, 2022.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Sheri Edgett-Baron, Airspace Rules and
Regulations, Air Traffic Organization, AJV-P2; Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Effectiveness

    Section 553(d) of the Administrative Procedure Act (APA) (5 U.S.C.)
generally requires that the publication or service of a substantive
rule shall be made not less than 30 days before its effective date.
Section 553(d)(3) provides an exception to this general requirement
when the agency finds good cause to waive the delay in the effective
date. The current rule expires on August 6, 2020, and this extension of
the rule maintains the status quo. To prevent confusion among pilots
using the route and avoid disruption of the current operating
environment from a temporary lapse of the requirement for helicopters
to use the New York North Shore Helicopter Route, the FAA finds that
good cause exists to make this rule immediately effective.

Authority

    The FAA's 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 in more detail the scope of the agency's authority.
    The FAA's authority for this rule is contained in 49 U.S.C. 40103
and 44715. Under section 40103(b)(2), the FAA Administrator has
authority to prescribe air traffic regulations on the flight of
aircraft (including regulations on safe altitudes) for, among other
purposes, navigating aircraft and protecting individuals and property
on the ground. In addition, section 44715(a) provides that, to relieve
and protect the public health and welfare from aircraft noise, the FAA
Administrator has authority to prescribe regulations to control and
abate aircraft noise.

I. Background

    In 2012, in response to concerns from local residents regarding
noise from helicopters operating over Long Island, the FAA issued the
New York North Shore Helicopter Route final rule (77 FR 39911, July 6,
2012). The Rule required civil helicopter pilots operating Visual
Flight Rules (VFR), whose route of flight takes them over the north
shore of Long Island between the Visual Point Lloyd Harbor (VPLYD)
waypoint and Orient Point (VPOLT), to use the North Shore Helicopter
Route, as published in the New York Helicopter Chart (the Chart). The
Rule was promulgated to maximize use of the route, as published per the
Chart, to secure and improve upon decreased levels of noise that had
been voluntarily achieved. The Rule permits pilots to deviate from the
route and altitude requirements when necessary for safety, weather
conditions, or transitioning to or from a destination or point of
landing. The Rule is based on a voluntary VFR route that the FAA
developed, working with the Eastern Region Helicopter Council. The
voluntary route originally was added to the Chart on May 8, 2008.
    The Rule has been extended twice without substantive change. It is
currently in effect through August 6, 2020.\1\
---------------------------------------------------------------------------

    \1\ The Extension of the Expiration Date of the New York North
Shore Helicopter Route, 79 FR 35488 (June 23, 2014); Extension of
the Requirement for Helicopters to Use the New York North Shore
Helicopter Route, 81 FR 48323 (June 25, 2016).
---------------------------------------------------------------------------

II. FAA Reauthorization Act of 2018

    Section 182 of the FAA Reauthorization Act of 2018 (Pub. L. 115-
254, October 5, 2018) directed the FAA to hold a public hearing to
solicit feedback on the Rule from impacted communities and to provide
notice of, and an opportunity for, at least 60 days of public comment
regarding the Rule.
    On November 2, 2018, the FAA opened the 60-day comment period and
announced three public meetings in the Federal Register.\2\ The FAA
subsequently announced a fourth public meeting on December 12, 2018.\3\
The meetings were held on Long Island in locations along the North
Shore Route and in Queens where helicopters turn east to pick up the
route. The meetings and comment period were also announced on social
media and through a press release, and local elected officials were
informed. The meetings were held using a workshop format where subject
matter experts from the FAA are available to speak with members of the
public to answer their questions. The public also had the ability to
provide comments at the meetings. Comments provided at these meetings
were added to the public comment docket.\4\
---------------------------------------------------------------------------

    \2\ Request for Comments on Requirement for Helicopters To Use
the New York North Shore Helicopter Route, 83 FR 55133 (Nov. 2,
2018), and Notification of Public Meetings on Requirement for
Helicopters To Use the New York North Shore Helicopter Route, 83 FR
55134 (Nov. 2, 2018).
    \3\ Notification of Replacement Public Meeting on Requirement
for Helicopters To Use the New York North Shore Helicopter Route, 83
FR 63817 (Dec. 12, 2018).
    \4\ FAA Docket No. FAA-2018-0954.
---------------------------------------------------------------------------

    The purpose of the meetings and the comment period was to assist
the FAA in assessing and understanding the impacts of the Rule and any
potential implications of modifying it. To help the public focus on the
issues, FAA invited responses to the following four questions, which
were stated in the FAA's November 2, 2018 Federal Register notice:
    1. Did implementation of the Rule result in more or less helicopter
noise in your community compared to levels you experienced prior to
implementation of the Rule?
    2. How and when do helicopter operators deviate from the Rule?
    3. Are there alternative or supplemental routes that you believe
will reduce the noise impacts without jeopardizing the safe operation
of aircraft?
    4. Should the Rule be extended, modified, or allowed to expire in
2020?
    At the close of the comment period on January 2, 2019, the FAA had
received a total of 417 comments, of which 396 were unique. Most of the
comments the FAA received were from private citizens. The FAA also
received comments from representatives of local governments and civic
associations. The largest portion of the comments came from people and
communities on the East End of Long Island.

III. Overview and Disposition of Comments

    The vast majority of commenters who addressed the first question
complained about increased noise since the Rule's inception. A little
more than half of the comments related the increased noise to the Rule.
Without additional data and analysis, however, it is difficult to
determine whether an increase in the level of activity or the Rule is
the greatest contributing factor to the increase in noise complaints.
    Approximately half of the commenters responded to the question
regarding helicopters deviating from the Rule. The comments demonstrate
that people believe pilots regularly deviate from the North Shore
Route, including altitude requirements. The comments indicate that
people perceive that deviations are commonplace.
    Part of this belief may be a general misunderstanding of what the
Rule requires. The Rule permits deviations from the route for safety,
weather conditions, or transitioning to or from a destination or point
of landing. Additionally, commenters appear to believe mistakenly that
the altitude requirements of the route apply even after helicopters
depart the route to transition to their destination.
    The FAA received over 200 comments with respect to alternate or
supplemental routes that may reduce noise. About half of these comments
recommended a southern route over the Atlantic Ocean. These commenters
believed that a southern route would minimize flight over land. Other

commenters believed that the route should require helicopters to
navigate around Orient Point or Plum Island; that is, that the route
should eliminate deviations to transition to or from a destination or
point of landing. Still other commenters suggested that helicopters
should be required to use both an all-water north shore route and a
south shore route. Some of these commenters suggested that the north
shore route be used in one direction and the south shore route be used
in the other direction.
    While most commenters expressed a desire for FAA to modify the
route, there is no consensus as to how the route should be modified.
The FAA finds that more engagement with stakeholders is necessary
before a new or modified route acceptable to all stakeholders could be
created and incorporated into the regulations, should the FAA determine
that any further regulation is necessary. FAA also notes that East
Hampton Airport will no longer be subject to grant obligations in
September 2021,\5\ and the Town of East Hampton, which is the operator
of East Hampton Airport, has indicated that when its grant obligations
expire, it may close the airport or convert it to a private use
airport.\6\ As a private use airport, East Hampton may be able to
impose limits on operations (e.g., limits on the number of operations
per day or limits on the time of day that aircraft may operate) that
public use airports \7\ cannot impose without complying with the
Aircraft Noise and Capacity Act of 1990 (49 U.S.C. 47521 et seq.).\8\
---------------------------------------------------------------------------

    \5\ Grant obligations are assurances that an airport provides in
exchange for receiving federal grants to improve the airport. Among
the grant assurances are prohibitions on restricting access to the
airport based on noise and the obligation to keep the airport open
until the grant obligations expire.
    \6\ A private use airport is a publicly owned or privately owned
airport not open to the public. Airport Compliance Manual, FAA Order
5190.6B, Appendix A, at 324 (2009).
    \7\ A public use airport is an airport used or intended to be
used for public purposes. 49 U.S.C. 47102(20)-(21).
    \8\ See also implementing regulations at 14 CFR part 161.
---------------------------------------------------------------------------

    Additionally, the Eastern Region Helicopter Council, which
represents the majority of commercial helicopter operators providing
service to the East End of Long Island, agreed to fly an all-water
route around Orient Point for the 2020 summer season.\9\
---------------------------------------------------------------------------

    \9\ See https://www.27east.com/southampton-press/helicopter-firms-agree-to-fly-new-noise-abatement-routes-into-east-hampton-airport-1686302/.
---------------------------------------------------------------------------

    Before considering any modification to the route, FAA would want to
consider how flying an all-water route impacts residents and operators,
particularly with respect to safety. Furthermore, before considering
modifying the route or creating a southern route, FAA would need a
better understanding of the likelihood that East Hampton Airport will
close or be converted to a private use airport. It would not be
efficient or effective to design a new route based on current
conditions when those conditions may no longer exist by the time a new
route and rulemaking are complete.
    Finally, FAA asked commenters whether the Rule should be extended,
modified, or allowed to expire in August 2020. Virtually all of the
comments FAA received in response to this question suggested that the
Rule should either expire or be modified. Many of the comments mirrored
the comments regarding alternate or supplemental routes. Some of the
comments suggested modifications unrelated to the route and thus are
outside of the scope of this rulemaking. With respect to the comments
that suggested modifying the Rule, as discussed above, the lack of
consensus and the changing circumstances argue against a modification
of the Rule at this time.
    Other commenters suggested that FAA should impose higher minimum
altitudes. While higher minimum altitudes could result in less noise in
certain areas, it could also spread noise over larger areas. Requiring
helicopters to maintain higher altitudes until in close proximity to an
airport would require pilots to make specialized steep approaches at
much lower airspeeds than most operations require. These landings could
take three to four times longer than a standard approach and landing,
causing a corresponding increase in noise levels and duration.
    Still others comments suggested that Instrument Flight Rules (IFR)
routes should be required. IFR routes would not necessarily change the
location of aircraft and could have the impact of concentrating
aircraft on the IFR route. Finally, some commenters suggested that the
ability to deviate from the Rule be eliminated, even for weather and
safety. FAA finds that modifying the Rule to eliminate deviations for
weather and safety would create unsafe and potentially hazardous
conditions.

IV. Discussion of Final Rule

    This final rule extends for an additional two years the requirement
for pilots of civil helicopters to use the North Shore Helicopter Route
when transiting along the north shore of Long Island. The FAA
considered the comments received, and expects that two years will
provide a sufficient time to assess route modifications identified by
commenters and whether a new or modified route should be created and
incorporated into regulation. Additionally, this period of time will
allow the FAA to evaluate the effects of the all-water route around
Orient Point resulting from the voluntary agreement by the Eastern
Region Helicopter Council, and the effects of any changes implemented
by East Hampton Airport once it ceases to be a grant obligated airport
in 2021. Extending the requirement to use the North Shore Helicopter
Route during this period will continue to foster maximum use of the
North Shore Helicopter Route and avoid disruption of the current
operating environment. Therefore, the FAA finds that a two-year
extension of the current rule is warranted.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several analyses.
First, Executive Orders 12866 and 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. In
addition, DOT rulemaking procedures in 49 CFR part 5 instruct DOT
agencies to issue a regulation upon a reasoned determination that
benefits exceed costs. Second, the Regulatory Flexibility Act of 1980
(Pub. L. 96-354), as codified at 5 U.S.C. 603 et seq., requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
codified in 19 U.S.C. Chapter 13, prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, the Trade Agreements
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), as codified in 2
U.S.C. Chapter 25, 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). The FAA also analyzes this regulation under the
Paperwork Reduction Act. This portion of the preamble

summarizes the FAA's analysis of the economic impacts of this final
rule.
    In conducting these analyses, the FAA has determined this rule is
not a significant regulatory action, as defined in section 3(f) of
Executive Order 12866 and under DOT rulemaking procedures. As notice
and comment under 5 U.S.C. 553 are not required for this final rule,
the regulatory flexibility analyses described in 5 U.S.C. 603 and 604
regarding impacts on small entities are not required. This rule will
not create unnecessary obstacles to the foreign commerce of the United
States. This rule will not impose an unfunded mandate on State, local,
or tribal governments, or on the private sector, by exceeding the
threshold identified previously.
    This final rule amends the expiration date of the final rule
requiring pilots operating civil helicopters under Visual Flight Rules
to use the New York North Shore Helicopter Route when operating along
that area of Long Island, New York. As previously discussed, the FAA
finds it necessary to extend the Rule for an additional two years to
preserve the current operating environment while allowing sufficient
time for the FAA to assess route modifications identified by commenters
and whether a new or modified route could be created and would be
appropriate for incorporation into regulation.
    The FAA determined the 2012 final rule would impose minimal costs
because many of the existing operators were already complying with the
final rule requirements. In addition, the FAA based the 2012 final rule
on a voluntary route developed by the FAA working with the Eastern
Region Helicopter Council--the FAA added the voluntary route to the New
York Helicopter Chart on May 8, 2008. The 2012 final rule also permits
deviations from the route for safety, weather conditions, or
transitioning to or from a destination or point of landing. The FAA
extended the 2012 final rule in 2014 and 2016 without any substantive
change. As this final rule further extends the 2012 final rule
requirements without change, the FAA expects it will not impose
additional costs.
    Therefore, the FAA has determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act, in 5 U.S.C. 605(b), provides that a
regulatory flexibility analysis is not required if the head of an
agency certifies that a rule will not have a significant economic
impact on a substantial number of small entities. The agency head must
also include a statement providing the factual basis for this
certification.
    The FAA Administrator certifies that this final rule will not have
a significant economic impact on a substantial number of small
entities, for the following reasons. With this final rule, the
regulatory provisions already in place will be extended two years to
provide the FAA with time to assess route modifications identified by
commenters and whether a new or modified route could be created and
incorporated into regulation. The final regulatory flexibility analysis
for the 2012 final rule determined that it had a minimal cost impact on
a substantial number of small entities. This final rule extends those
requirements. Thus, the FAA expects a minimal economic impact on a
substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) 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 this Act, 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 the 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. The FAA has
assessed the potential effect of this final rule and determined that
the Rule will preserve the current operating environment and is not
considered an unnecessary obstacle to foreign commerce.

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
(in 1995 dollars) 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 $155 million in lieu of $100
million.
    This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act 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
determined that there are no ICAO Standards and Recommended Practices
that correspond to this regulation.
    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 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' identifies FAA actions that, in the absence of
extraordinary circumstances, are categorically excluded from requiring
an environmental assessment (EA) or environmental impact statement
(EIS) under the National Environmental Policy Act. This rule qualifies
for the categorical exclusion in paragraph 5-6.6.f of that Order, which
includes ``[r]egulations . . . excluding those that if implemented may
cause a significant impact on the human environment.'' There are no
extraordinary circumstances that warrant preparation of an EA or EIS.

IV. Executive Order Determinations

A. Executive Order 12114, Environmental Effects Abroad of Major Federal
Actions

    The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4,

1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114
requires the FAA to be informed of environmental considerations and
take those considerations into account when making decisions on major
Federal actions that could have environmental impacts anywhere beyond
the borders of the United States. The FAA has determined that this
action is exempt pursuant to Section 2-5(a)(i) of Executive Order 12114
because it does not have the potential for a significant effect on the
environment outside the United States.
    In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for this rulemaking.

B. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency 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, does not have federalism
implications.

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

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has 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.

D. Executive Order 13609, Promoting International Regulatory
Cooperation

    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.

E. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under Executive Order 12866.

VI. How To Obtain Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the internet --
    1. Search the Federal eRulemaking Portal (https://www.regulations.gov/);
    2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at https://www.govinfo.gov/.
    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>.

B. 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, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 93

    Air traffic control, Airspace, Navigation (air).

The Amendment

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

PART 93--SPECIAL AIR TRAFFIC RULES

0
1. The authority citation for part 93 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113,
44502, 44514, 44701, 44715, 44719, 46301.

0
2. Revise Subpart H to read as follows:
Subpart H--Mandatory Use of the New York North Shore Helicopter Route
Sec.
93.101 Applicability.
93.103 Helicopter operations.

Sec.  93.101   Applicability.

    This subpart prescribes a special air traffic rule for civil
helicopters operating VFR along the North Shore, Long Island, New York,
between August 5, 2020, and August 5, 2022.

Sec.  93.103   Helicopter operations.

    (a) Unless otherwise authorized, each person piloting a helicopter
along Long Island, New York's northern shoreline between the VPLYD
waypoint and Orient Point, shall utilize the North Shore Helicopter
route and altitude, as published.
    (b) Pilots may deviate from the route and altitude requirements of
paragraph (a) of this section when necessary for safety, weather
conditions or transitioning to or from a destination or point of
landing.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on August 4, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-17334 Filed 8-5-20; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84336-84337]
[FR Doc No: 2023-26512]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Statement of Organization, Functions, and Delegations of
Authority

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA), Center for Biologics
Evaluation and Research (CBER), Office of Blood Research and Review
(OBRR) and the Office of Vaccines Research and Review (OVRR) have
modified organizational structures.

DATES: These new organizational structures were approved by the
Secretary of Health and Human Services on June 27, 2023.

FOR FURTHER INFORMATION CONTACT: Yashika Rahaman, Director, Office of
Planning, Evaluation and Risk Management, Office of Finance, Budget,
Acquisitions and Planning, FDA, 4041 Powder Mill Road, Beltsville, MD
20705-4304,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Part D, Chapter D-B, (Food and Drug Administration), the Statement
of Organization, Functions and Delegations of Authority for the
Department of Health and Human Services (35 FR 3685, February 25, 1970,
60 FR 56606, November 9, 1995, 64 FR 36361, July 6, 1999, 72 FR 50112,
August 30, 2007, 74 FR 41713, August 18, 2009, 76 FR 45270, July 28,
2011, and 84 FR 22854, May 20, 2019) is revised to reflect FDA's
reorganization of CBER, OBRR and OVRR.
    CBER's mission is to protect and enhance public health through the
regulation of biological and related products including blood,
vaccines, allergenics, tissues, and cellular and gene therapies. With
substantial growth in innovative, novel products, as well as a need to
address an ever-changing landscape of potential public health threats,
CBER is currently facing scientific, medical, and regulatory challenges
that require changes to its structure.
    In OBRR, the establishment of a Laboratory of Pathogen Reduction
will address Center-level initiatives focusing on the optimization of
new pathogen inactivation technologies. These technologies can
dramatically help the American public and potentially reduce or
eliminate donor deferral and/or testing requirements. Additionally, the
proposed structural changes, keeping OBRR's functioning state of two
divisions instead of three, will maintain operational consistency and
enable the divisions to build on processes and efficiencies gained in
the last 2 years.
    In OVRR, the Division of Vaccines and Related Product Applications
will split into the Division of Review Management and Regulatory Review
and the Division of Clinical and Toxicology Review to allow for
improved operational efficiency, appropriate supervisory ratios, and a
better balance of workload within an area of increased demand.
    Under Part D, FDA's CBER, Office of Blood Research and Review, has
been restructured as follows:
    DCB. ORGANIZATION. CBER is headed by the Center Director, Center
for Biologics Evaluation and Research.

Center for Biologics Evaluation and Research (DCB)

Office of Blood Research and Review (DCBE)
    Administrative Staff (DCBE1)
    Regulatory Project Management Staff (DCBE2)
Laboratory of Pathogen Reduction (DCBE3)
Division of Emerging and Transfusion Transmitted Diseases (DCBEA)
    Laboratory of Molecular Virology (DCBEA1)
    Laboratory of Emerging Pathogens (DCBEA2)
    Product Review Branch (DCBEA4)
    Laboratory of Emerging Pathogens (DCBEA2)
    Product Review Branch (DCBEA4)
Division of Blood Components and Devices (DCBEB)
    Devices Review Branch (DCBEB2)
    Blood and Plasma Branch (DCBEB6)
    Laboratory of Cellular Hematology (DCBEB7)
    Laboratory of Biochemistry and Vascular Biology (DCBEB8)

    Under Part D, FDA's CBER, Office of Vaccines Research and Review,
has been restructured as follows:
    DCB. ORGANIZATION. CBER is headed by the Center Director, Center
for Biologics Evaluation and Research.

Center for Biologics Evaluation and Research (DCB)

Office of Vaccines Research and Review (DCBF)
    Program Operations Staff (DCBF1)
Division of Bacterial Parasitic and Allergenic Products (DCBFA)
    Laboratory of ImmunoBiochemistry (DCBFA1)
    Laboratory of Respiratory and Special Pathogens (DCBFA2)
    Laboratory of Bacterial Polysaccharides (DCBFA3)
    Laboratory of Mucosal Pathogens and Cellular Immunology (DCBFA4)
Division of Viral Products (DCBFB)
    Laboratory of Pediatric and Respiratory Viral Diseases (DCBFB1)
    Laboratory of Hepatitis Viruses (DCBFB2)
    Laboratory of Retroviruses (DCBFB3)
    Laboratory of DNA Viruses (DCBFB4)
    Laboratory of Vector Borne Diseases (DCBFB5)
    Laboratory of Method Development (DCBFB6)
    Laboratory of Immunoregulation (DCBFB7)
Division of Review Management and Regulatory Review (DCBFD)
    Regulatory Review Branch 1 (DCBFD1)
    Regulatory Review Branch 2

(DCBFD2) Regulatory Review Branch 3 (DCBFD3)
    Review Management Support Branch (DCBFD4)
Division of Clinical and Toxicology Review (DCBFE)
    Clinical Review Branch 1 (DCBFE1)
    Clinical Review Branch 2 (DCBFE2)
    Clinical Review Branch 3 (DCBFE3)
    Toxicology Staff (DCBFE4)

II. Delegations of Authority

    Pending further delegation, directives, or orders by the
Commissioner of Food and Drugs, all delegations and redelegations of
authority made to officials and employees of affected organizational
components will continue in them or their successors pending further
redelegations, provided they are consistent with this reorganization.

III. Electronic Access

    After completion of the necessary requirements for implementation,
this reorganization will be reflected in FDA's Staff Manual Guide (SMG)
at: https://www.fda.gov/AboutFDA/ReportsManualsForms/StaffManualGuides/default.htm.
    Authority: 44 U.S.C. 3101.

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2023-26512 Filed 12-4-23; 8:45 am]
BILLING CODE 4164-01-P


for the repair ``technology'' controlled by 8E002.a or .b, see
Supplement No. 2 to part 774.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
technology in 8E002.a to any of the destinations listed in Country
Group A:6 (See Supplement No. 1 to part 740 of the EAR).

List of Items Controlled

Related Controls: See also 8E992.
Related Definitions: N/A
Items:

    a. ``Technology'' for the ``development'', ``production'',
repair, overhaul or refurbishing (re-machining) of propellers
``specially designed'' for underwater noise reduction;
    b. ``Technology'' for the overhaul or refurbishing of equipment
controlled by 8A001, 8A002.b, 8A002.j, 8A002.o or 8A002.p.
    c. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of any of the following:
    c.1. Surface-effect vehicles (fully skirted variety) having all
of the following:
    c.1.a. Maximum design speed, fully loaded, exceeding 30 knots in
a significant wave height of 1.25 m or more;
    c.1.b. Cushion pressure exceeding 3,830 Pa; and
    c.1.c. Light-ship-to-full-load displacement ratio of less than
0.70;
    c.2. Surface-effect vehicles (rigid sidewalls) with a maximum
design speed, fully loaded, exceeding 40 knots in a significant wave
height of 3.25 m or more;
    c.3. Hydrofoil vessels with active systems for automatically
controlling foil systems, with a maximum design speed, fully loaded,
of 40 knots or more in a significant wave height of 3.25 m or more;
or
    c.4. `Small waterplane area vessels' having any of the
following:
    c.4.a. Full load displacement exceeding 500 tonnes with a
maximum design speed, fully loaded, exceeding 35 knots in a
significant wave height of 3.25 m or more; or
    c.4.b. Full load displacement exceeding 1,500 tonnes with a
maximum design speed, fully loaded, exceeding 25 knots in a
significant wave height of 4 m or more.
    Technical Note: For the purposes of 8E002.c.4, a `small
waterplane area vessel' is defined by the following formula:
waterplane area at an operational design draft less than 2x
(displaced volume at the operational design draft)2/3.
* * * * *
9A001 Aero gas turbine engines having any of the following (see List
of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to only to those engines that    MT Column 1
 meet the characteristics listed in 9A101.
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See also 9A101 and 9A991.
Related Definitions: N/A
Items:

    a. Incorporating any of the ``technologies'' controlled by
9E003.a, 9E003.h, or 9E003.i;
    Note 1: 9A001 does not control aero gas turbine engines which
meet all of the following:
    a. Certified by the civil aviation authority in a country listed
in Supplement No. 1 to Part 743; and
    b. Intended to power non-military manned ``aircraft'' for which
any of the following has been issued by a Wassenaar Arrangement
Participating State listed in Supplement No. 1 to Part 743 for the
``aircraft'' with this specific engine type:
    b.1. A civil type certificate; or
    b.2. An equivalent document recognized by the International
Civil Aviation Organization (ICAO).
    Note 2: 9A001 does not apply to aero gas turbine engines
designed for Auxiliary Power Units (APUs) approved by the civil
aviation authority in a Wassenaar Arrangement Participating State
(see Supplement No. 1 to part 743 of the EAR).
    b. [Reserved]
* * * * *
9A003 ``Specially designed'' assemblies or ``components'',
incorporating any of the ``technologies'' controlled by 9E003.a,
9E003.h, 9E003.i, or 9E003.k, for any of the following aero gas
turbine engines (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 2
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $5000
GBS: N/A

List of Items Controlled

Related Controls: N/A
Related Definition: N/A
Items:

    a. Controlled by 9A001; or
    b. Whose design or production origins are either not from a
Wassenaar Participating State (see Supplement No. 1 to part 743 of
the EAR) or unknown to the manufacturer.

9A004 Space launch vehicles and ``spacecraft,'' ``spacecraft
buses'', ``spacecraft payloads'', ``spacecraft'' on-board systems or
equipment, terrestrial equipment, air-launch platforms, and ``sub-
orbital craft'', as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS and AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to 9A004.g, .u, .v, .w and .x..  NS Column 1
AT applies to 9A004.g, .u, .v, .w, .x and   AT Column 1
 .y.

License Requirement Note: 9A004.b through .f, and .h are controlled
under ECCN 9A515.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See also 9A104, 9A515, and 9B515. (2) See
ECCNs 9E001 (``development'') and 9E002 (``production'') for
technology for items controlled by this entry. (3) See USML
Categories IV for the space launch vehicles and XV for other
spacecraft that are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
Related Definition: N/A
Items:

    a. Space launch vehicles;
    b. ``Spacecraft'';
    c. ``Spacecraft buses'';
    d. ``Spacecraft payloads'' incorporating items specified by
3A001.b.1.a.4, 3A002.g,

5A001.a.1, 5A001.b.3, 5A002.c, 5A002.e, 6A002.a.1, 6A002.a.2,
6A002.b, 6A002.d, 6A003.b, 6A004.c, 6A004.e, 6A008.d, 6A008.e,
6A008.k, 6A008.l or 9A010.c;
    e. On-board systems or equipment, ``specially designed'' for
``spacecraft'' and having any of the following functions:
    e.1. `Command and telemetry data handling';
    Note: For the purposes of 9A004.e.1, `command and telemetry data
handling' includes bus data management, storage, and processing.
    e.2. `Payload data handling'; or
    Note: For the purposes of 9A004.e.2, `payload data handling'
includes payload data management, storage, and processing.
    e.3. `Attitude and orbit control';
    Note: For the purposes of 9A004.e.3, `attitude and orbit
control' includes sensing and actuation to determine and control the
position and orientation of a ``spacecraft''.
    N.B.: Equipment ``specially designed'' for military use is
``subject to the ITAR''. See 22 CFR parts 120 through 130.
    f. Terrestrial equipment ``specially designed'' for
``spacecraft'', as follows:
    f.1. Telemetry and telecommand equipment ``specially designed''
for any of the following data processing functions:
    f.1.a. Telemetry data processing of frame synchronization and
error corrections, for monitoring of operational status (also known
as health and safe status) of the ``spacecraft bus''; or
    f.1.b. Command data processing for formatting command data being
sent to the ``spacecraft'' to control the ``spacecraft bus'';
    f.2. Simulators ``specially designed'' for `verification of
operational procedures' of ``spacecraft''.
    Technical Note: For the purposes of 9A004.f.2, `verification of
operational procedures' is any of the following:
    1. Command sequence confirmation;
    2. Operational training;
    3. Operational rehearsals; or
    4. Operational analysis.
    g. ``Aircraft'' ``specially designed'' or modified to be air-
launch platforms for space launch vehicles or ``sub-orbital craft''.
    h. ``Sub-orbital craft''.
    i. through t. [Reserved]
    u. The James Webb Space Telescope (JWST) being developed,
launched, and operated under the supervision of the U.S. National
Aeronautics and Space Administration (NASA).
    v. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for the James Webb
Space Telescope and that are not:
    v.1. Enumerated or controlled in the USML;
    v.2. Microelectronic circuits;
    v.3. Described in ECCN 7A004 or 7A104; or
    v.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (See ECCN 9A515.x.4).
    w. The International Space Station being developed, launched,
and operated under the supervision of the U.S. National Aeronautics
and Space Administration.
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for the
International Space Station.
    y. Items that would otherwise be within the scope of ECCN
9A004.v or .x but that have been identified in an interagency-
cleared commodity classification (CCATS) pursuant to Sec.  748.3(e)
as warranting control in 9A004.y.

9B005 On-line (real time) control systems, instrumentation
(including sensors) or automated data acquisition and processing
equipment, ``specially designed'' for use with any of the following
(see List of Items Controlled).

Reason for Control: NS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See also 9B105.
Related Definitions: N/A
Items:

    a. Wind tunnels designed for speeds of Mach 1.2 or more;
    Note: 9B005.a does not control wind tunnels ``specially
designed'' for educational purposes and having a `test section size'
(measured laterally) of less than 250 mm.
    Technical Note: For the purposes of 9B005.a Note, `test section
size' means the diameter of the circle, or the side of the square,
or the longest side of the rectangle, at the largest test section
location.
    b. Devices for simulating flow-environments at speeds exceeding
Mach 5, including hot-shot tunnels, plasma arc tunnels, shock tubes,
shock tunnels, gas tunnels and light gas guns; or
    c. Wind tunnels or devices, other than two-dimensional sections,
capable of simulating Reynolds number flows exceeding 25 x 10\6\.
* * * * *
9E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software'', controlled by
9A004, 9A012, 9B (except for ECCNs 9B604, 9B610, 9B619, 9B990 and
9B991), or ECCN 9D001 to 9D004, 9D101, or 9D104.

License Requirements

Reason for Control: NS, MT, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to ``technology'' for items      NS Column 1
 controlled by 9A004, 9A012, 9B001 to
 9B010, 9D001 to 9D004 for NS reasons.
MT applies to ``technology'' for items      MT Column 1
 controlled by 9A012, 9B001, 9B002, 9B003,
 9B004, 9B005, 9B007, 9B104, 9B105, 9B106,
 9B115, 9B116, 9B117, 9D001, 9D002, 9D003,
 or 9D004 for MT reasons.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit any
technology in this entry to any of the destinations listed in
Country Group A:6 (See Supplement No. 1 to part 740 of the EAR)

List of Items Controlled

Related Controls: (1) See also 9E101 and 1E002.f (for controls on
``technology'' for the repair of controlled structures, laminates or
materials). (2) ``Technology'' required for the ``development'' of
equipment described in ECCNs 9A005 to 9A011 or ``software''
described in ECCNs 9D103 and 9D105 is ``subject to the ITAR.''
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

9E002 ``Technology'' according to the General Technology Note for
the ``production'' of ``equipment'' controlled by ECCN 9A004 or 9B
(except for ECCNs 9B117, 9B604, 9B610, 9B619, 9B990, and 9B991).

License Requirements

Reason for Control: NS, MT, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to ``technology'' for equipment  MT Column 1
 controlled by 9B001, 9B002, 9B003, 9B004,
 9B005, 9B007, 9B104, 9B105, 9B106, 9B115
 or 9B116 for MT reasons.

AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

Special Conditions for STA

    STA: License Exception STA may not be used to ship or transmit
any technology in this entry to any of the destinations listed in
Country Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also 9E102. (2) See also 1E002.f for
`technology'' for the repair of controlled structures, laminates, or
materials. (3) ``Technology'' that is required for the
``production'' of equipment described in ECCNs 9A005 to 9A011 is
``subject to the ITAR.''
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

9E003 Other ``technology'' as follows (see List of Items
Controlled).

License Requirements

Reason for Control: NS, SI, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
SI applies to 9E003.a.1 through a.8, .h,    See Sec.   742.14 of the EAR
 .i, and .l.                                 for additional information.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

Special Conditions for STA

    STA: License Exception STA may not be used to ship or transmit
any technology in 9E003.a.1 to a.5, 9E003.c., 9E003.h, or 9E003.i
(other than technology for fan or power turbines) to any of the
destinations listed in Country Group A:5 or A:6 (See Supplement No.1
to part 740 of the EAR).

    License Exception STA may not be used to ship or transmit any
technology in 9E003.k to any of the destinations listed in Country
Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) Hot section ``technology'' specifically
designed, modified, or equipped for military uses or purposes, or
developed principally with U.S. Department of Defense funding, is
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2)
``Technology'' is subject to the EAR when actually applied to a
commercial ``aircraft'' engine program. Exporters may seek to
establish commercial application either on a case-by-case basis
through submission of documentation demonstrating application to a
commercial program in requesting an export license from the
Department of Commerce in respect to a specific export, or in the
case of use for broad categories of ``aircraft,'' engines, ``parts''
or ``components,'' a commodity jurisdiction determination from the
Department of State.
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development'' or
``production'' of any of the following gas turbine engine ``parts,''
``components'' or systems:
    a.1. Gas turbine blades, vanes or ``tip shrouds'', made from
Directionally Solidified (DS) or Single Crystal (SC) alloys and
having (in the 001 Miller Index Direction) a stress-rupture life
exceeding 400 hours at 1,273 K (1,000 [deg]C) at a stress of 200
MPa, based on the average property values;
    Technical Note: For the purposes of 9E003.a.1, stress-rupture
life testing is typically conducted on a test specimen.
    a.2. Combustors having any of the following:
    a.2.a. `Thermally decoupled liners' designed to operate at
`combustor exit temperature' exceeding 1,883 K (1,610 [deg]C);
    a.2.b. Non-metallic liners;
    a.2.c. Non-metallic shells; or
    a.2. d. Liners designed to operate at 'combustor exit
temperature' exceeding 1,883 K (1,610 [deg]C) and having holes that
meet the parameters specified by 9E003.c;
    a.2.e. Utilizing `pressure gain combustion';
    Technical Note: For the purposes of 9E003.a.2.e, in `pressure
gain combustion' the bulk average stagnation pressure at the
combustor outlet is greater than the bulk average stagnation
pressure at the combustor inlet due primarily to the combustion
process, when the engine is running in a ``steady state mode'' of
operation.
    Note: The ``required'' ``technology'' for holes in 9E003.a.2 is
limited to the derivation of the geometry and location of the holes.
    Technical Notes:
    1. For the purposes of 9E003.a.2.a, `thermally decoupled liners'
are liners that feature at least a support structure designed to
carry mechanical loads and a combustion facing structure designed to
protect the support structure from the heat of combustion. The
combustion facing structure and support structure have independent
thermal displacement (mechanical displacement due to thermal load)
with respect to one another, i.e., they are thermally decoupled.
    2. For the purposes of 9E003.a.2.d, `combustor exit temperature'
is the bulk average gas path total (stagnation) temperature between
the combustor exit plane and the leading edge of the turbine inlet
guide vane (i.e., measured at engine station T40 as defined in SAE
ARP 755A) when the engine is running in a ``steady state mode'' of
operation at the certificated maximum continuous operating
temperature.
    N.B.: See 9E003.c for ``technology'' ``required'' for
manufacturing cooling holes.
    a.3. ``Parts'' or ``components,'' that are any of the following:
    a.3.a. Manufactured from organic ``composite'' materials
designed to operate above 588 K (315 [deg]C);
    a.3.b. Manufactured from any of the following:
    a.3.b.1. Metal ``matrix'' ``composites'' reinforced by any of
the following:
    a.3.b.1.a. Materials controlled by 1C007;
    a.3.b.1.b. ``Fibrous or filamentary materials'' specified by
1C010; or
    a.3.b.1.c. Aluminides specified by 1C002.a; or
    a.3.b.2. Ceramic ``matrix'' ``composites'' specified by 1C007;
or
    a.3.c. Stators, vanes, blades, tip seals (shrouds), rotating
blings, rotating blisks or `splitter ducts', that are all of the
following:
    a.3.c.1. Not specified in 9E003.a.3.a;
    a.3.c.2. Designed for compressors or fans; and
    a.3.c.3. Manufactured from material controlled by 1C010.e with
resins controlled by 1C008;
    Technical Note: For the purposes of 9E003.a.3.c, a `splitter
duct' performs the initial separation of the air-mass flow between
the bypass and core sections of the engine.
    a.4. Uncooled turbine blades, vanes or ``tip shrouds'' designed
to operate at a `gas path temperature' of 1,373 K (1,100 [deg]C) or
more;
    a.5. Cooled turbine blades, vanes or ``tip shrouds'', other than
those described in 9E003.a.1, designed to operate at a `gas path
temperature' of 1,693 K (1,420 [deg]C) or more;
    Technical Note: For the purposes of 9E003.a.5, `gas path
temperature' is the bulk average gas path total (stagnation)
temperature at the leading-edge plane of the turbine component when
the engine is running in a ``steady state mode'' of operation at the
certificated or specified maximum continuous operating temperature.
    a.6. Airfoil-to-disk blade combinations using solid state
joining;
    a.7. [Reserved]
    a.8. `Damage tolerant' gas turbine engine rotor ``parts'' or
``components'' using powder metallurgy materials controlled by
1C002.b; or
    Technical Note: For the purposes of 9E003.a.8, `damage tolerant'
``parts'' and ``components'' are designed using methodology and
substantiation to predict and limit crack growth.
    a.9. [Reserved]
    N.B.: For ``FADEC systems'', see 9E003.h.
    a.10. [Reserved]
    N.B.: For adjustable flow path geometry, see 9E003.i.
    a.11. `Fan blades' having all of the following:
    a.11.a. 20% or more of the total volume being one or more closed
cavities containing vacuum or gas only; and

    a.11.b. One or more closed cavities having a volume of 5 cm\3\
or larger;
    Technical Note: For the purposes of 9E003.a.11, a `fan blade' is
the aerofoil portion of the rotating stage or stages, which provide
both compressor and bypass flow in a gas turbine engine.
    b. ``Technology'' ``required'' for the ``development'' or
``production'' of any of the following:
    b.1. Wind tunnel aero-models equipped with non-intrusive sensors
capable of transmitting data from the sensors to the data
acquisition system; or
    b.2. ``Composite'' propeller blades or prop-fans, capable of
absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
    c. ``Technology'' ``required'' for manufacturing cooling holes
in gas turbine engine ``parts'' or ``components'' incorporating any
of the ``technologies'' specified by 9E003.a.1, 9E003.a.2, or
9E003.a.5, and having any of the following:
    c.1. Having all of the following:
    c.1.a. Minimum `cross-sectional area' less than 0.45 mm\2\;
    c.1.b. `Hole shape ratio' greater than 4.52; and
    c.1.c. `Incidence angle' equal to or less than 25[deg]; or
    c.2. Having all of the following:
    c.2.a. Minimum `cross-sectional area' less than 0.12 mm\2\;
    c.2.b. `Hole shape ratio' greater than 5.65; and
    c.2.c. `Incidence angle' more than 25[deg];
    Note: 9E003.c does not apply to ``technology'' for manufacturing
constant radius cylindrical holes that are straight through and
enter and exit on the external surfaces of the component.
    Technical Notes:
    1. For the purposes of 9E003.c, the `cross-sectional area' is
the area of the hole in the plane perpendicular to the hole axis.
    2. For the purposes of 9E003.c, `hole shape ratio' is the
nominal length of the axis of the hole divided by the square root of
its minimum 'cross-sectional area'.
    3. For the purposes of 9E003.c, `incidence angle' is the acute
angle measured between the plane tangential to the airfoil surface
and the hole axis at the point where the hole axis enters the
airfoil surface.
    4. For the purposes of 9E003.c, methods for manufacturing holes
include ``laser'' beam machining, water jet machining, Electro-
Chemical Machining (ECM) or Electrical Discharge Machining (EDM).
    d. ``Technology'' ``required'' for the ``development'' or
``production'' of helicopter power transfer systems or tilt rotor or
tilt wing ``aircraft'' power transfer systems;
    e. ``Technology'' for the ``development'' or ``production'' of
reciprocating diesel engine ground vehicle propulsion systems having
all of the following:
    e.1. `Box volume' of 1.2 m\3\ or less;
    e.2. An overall power output of more than 750 kW based on 80/
1269/EEC, ISO 2534 or national equivalents; and
    e.3. Power density of more than 700 kW/m\3\ of `box volume';
    Technical Note: For the purposes of 9E003.e.1., `box volume' is
the product of three perpendicular dimensions measured in the
following way:
    Length: The length of the crankshaft from front flange to
flywheel face;
    Width: The widest of any of the following:
    a. The outside dimension from valve cover to valve cover;
    b. The dimensions of the outside edges of the cylinder heads; or
    c. The diameter of the flywheel housing;
    Height: The largest of any of the following:
    a. The dimension of the crankshaft center-line to the top plane
of the valve cover (or cylinder head) plus twice the stroke; or
    b. The diameter of the flywheel housing.
    f. ``Technology'' ``required'' for the ``production'' of
``specially designed'' ``parts'' or ``components'' for high output
diesel engines, as follows:
    f.1. ``Technology'' ``required'' for the ``production'' of
engine systems having all of the following ``parts'' and
``components'' employing ceramics materials controlled by 1C007:
    f.1.a Cylinder liners;
    f.1.b. Pistons;
    f.1.c. Cylinder heads; and
    f.1.d. One or more other ``part'' or ``component'' (including
exhaust ports, turbochargers, valve guides, valve assemblies or
insulated fuel injectors);
    f.2. ``Technology'' ``required'' for the ``production'' of
turbocharger systems with single-stage compressors and having all of
the following:
    f.2.a. Operating at pressure ratios of 4:1 or higher;
    f.2.b. Mass flow in the range from 30 to 130 kg per minute; and
    f.2.c. Variable flow area capability within the compressor or
turbine sections;
    f.3. ``Technology'' ``required'' for the ``production'' of fuel
injection systems with a ``specially designed'' multifuel (e.g.,
diesel or jet fuel) capability covering a viscosity range from
diesel fuel (2.5 cSt at 310.8 K (37.8 [deg]C)) down to gasoline fuel
(0.5 cSt at 310.8 K (37.8 [deg]C)) and having all of the following:
    f.3.a. Injection amount in excess of 230 mm\3\ per injection per
cylinder; and
    f.3.b. Electronic control features ``specially designed'' for
switching governor characteristics automatically depending on fuel
property to provide the same torque characteristics by using the
appropriate sensors;
    g. ``Technology'' ``required'' for the ``development'' or
``production'' of `high output diesel engines' for solid, gas phase
or liquid film (or combinations thereof) cylinder wall lubrication
and permitting operation to temperatures exceeding 723 K (450
[deg]C), measured on the cylinder wall at the top limit of travel of
the top ring of the piston;
    Technical Note: For the purposes of 9E003.g, `high output diesel
engines' are diesel engines with a specified brake mean effective
pressure of 1.8 MPa or more at a speed of 2,300 r.p.m., provided the
rated speed is 2,300 r.p.m. or more.
    h. ``Technology'' for gas turbine engine ``FADEC systems'' as
follows:
    h.1. ``Development'' ``technology'' for deriving the functional
requirements for the ``parts'' or ``components'' necessary for the
``FADEC system'' to regulate engine thrust or shaft power (e.g.,
feedback sensor time constants and accuracies, fuel valve slew
rate);
    h.2. ``Development'' or ``production'' ``technology'' for
control and diagnostic ``parts'' or ``components'' unique to the
``FADEC system'' and used to regulate engine thrust or shaft power;
    h.3. ``Development'' ``technology'' for the control law
algorithms, including ``source code'', unique to the ``FADEC
system'' and used to regulate engine thrust or shaft power;
    Note: 9E003.h does not apply to technology related to engine-
``aircraft'' integration required by civil aviation authorities of
one or more Wassenaar Arrangement Participating States (See
Supplement No. 1 to part 743 of the EAR) to be published for general
airline use (e.g., installation manuals, operating instructions,
instructions for continued airworthiness) or interface functions
(e.g., input/output processing, airframe thrust or shaft power
demand).
    i. ``Technology'' for adjustable flow path systems designed to
maintain engine stability for gas generator turbines, fan or power
turbines, or propelling nozzles, as follows:
    i.1. ``Development'' ``technology'' for deriving the functional
requirements for the ``parts'' or ``components'' that maintain
engine stability;
    i.2. ``Development'' or ``production'' ``technology'' for
``parts'' or ``components'' unique to the adjustable flow path
system and that maintain engine stability;
    i.3. ``Development'' ``technology'' for the control law
algorithms, including ``source code'', unique to the adjustable flow
path system and that maintain engine stability;
    Note: 9E003.i does not apply to ``technology'' for any of the
following:
    a. Inlet guide vanes;
    b. Variable pitch fans or prop-fans;
    c. Variable compressor vanes;
    d. Compressor bleed valves; or
    e. Adjustable flow path geometry for reverse thrust.
    j. ``Technology'' ``required'' for the ``development'' of wing-
folding systems designed for fixed-wing ``aircraft'' powered by gas
turbine engines.
    N.B.: For ``technology'' ``required'' for the ``development'' of
wing-folding systems designed for fixed-wing ``aircraft'' specified
in USML Category VIII (a), see USML Category VIII (i).
    k. ``Technology'', not specified in 9E003.a, 9E003.h, or
9E003.i, ``required'' for the ``development'' of any of the
following components or systems, ``specially designed'' for aero gas
turbine engines to enable ``aircraft'' to cruise at Mach 1 or
greater for more than 30 minutes:
    k.1. Propulsion inlet systems;
    k.2. Propulsion exhaust systems;
    k.3. 'Reheat systems';
    k.4. `Active thermal management systems' to condition fluids
used to lubricate or cool `engine rotor supports';
    k.5. Oil-free 'engine rotor supports'; or
    k.6. Systems to remove heat from 'compression system' core gas
path flow.
    Technical Notes: For the purposes of 9E003.k:
    1. Propulsion inlet systems include core flow pre-coolers.

    2. 'Reheat systems' provide additional thrust by combusting fuel
in exhaust and/or bypass flow downstream of the last turbomachinery
stage. 'Reheat systems' are also referred to as afterburners.
    3. 'Active thermal management systems' employ methods other than
passive oil-to-air cooling or oil-to-fuel cooling, such as vapor
cycle systems.
    4. 'Compression system' is any stage or combination of stages
between the engine inlet face and the combustor that increases gas
path pressure through mechanical work.
    5. An 'engine rotor support' is the bearing supporting the main
engine shaft that drives the compression system or turbine rotors.
    N.B. 1 See 9E003.h, for engine control technology.
    N.B. 2 See 9E003.i, for adjustable flow path systems technology.
    l. ``Technology'' not otherwise controlled in 9E003.a.1 through
a.8, a.10, and .h and used in the ``development'', ``production'',
or overhaul of hot section ``parts'' or ``components'' of civil
derivatives of military engines controlled on the U.S. Munitions
List.
* * * * *

0
13. Supplement no. 6 to part 774 is amended by revising paragraph (4)
to read as follows:

Supplement No. 6 to Part 774--Sensitive List

* * * * *
    (4) Category 4
    (i) 4A001.a.2.
    (ii) [Reserved]
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-22299 Filed 10-12-23; 4:15 pm]
BILLING CODE 3510-33-P


[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65393-65394]
[FR Doc No: 2018-27532]

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

DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2010-0054]

Notice of Submission of Proposed Information Collections to OMB;
Agency Request for Renewal of Previously Approved Information
Collections: Nondiscrimination on the Basis of Disability in Air
Travel: Reporting Requirements for Disability-Related Complaints

AGENCY: Office of the Secretary (OST), Department of Transportation
(Department or DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Department of Transportation's intention to renew
an Office of Management and Budget (OMB) control number for information
collection request (ICR) OMB No. 2105-0551, ``Reporting Requirements
for Disability-Related Complaints.'' This collection is related to a
requirement in the Code of Federal Regulations (CFR) for carriers to
report annually to the Department the number of disability-related
complaints they receive.

DATES: Written comments on this notice should be submitted by February
19, 2019.

ADDRESSES: You may submit comments (identified by Docket No. DOT-OST-
2010-0054) through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, West Building, Ground Floor, Rm. W-12-
140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m.
and 5:00 p.m. EST, Monday through Friday, except on Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Maegan Johnson, Office of the General
Counsel, Office of the Secretary, U.S. Department of Transportation,
1200 New Jersey Avenue SE, Washington, DC 20590,<PHONE_NUMBER> (Voice),
202-366-7152 (Fax), or<EMAIL_ADDRESS>(Email). Arrangements to
receive this document in an alternative format may be made by
contacting the above-named individuals.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0551.
    Title: Reporting Requirements for Disability-Related Complaints.
    Type of Request: Renewal of information collections.
    Background: On July 8, 2003, the Office of the Secretary published
a final rule that requires most certificated U.S. and foreign air
carriers operating to, from and within the U.S. that conduct passenger-
carrying service utilizing at least one large aircraft to record
complaints that they receive alleging inadequate accessibility or
discrimination on the basis of disability. The carriers must also
categorize these complaints according to the type of disability and
nature of complaint, prepare a summary report annually of the
complaints received during the preceding calendar year, submit the
report to the Department's Aviation Consumer Protection Division, and
retain copies of correspondence and records of action taken on the
reported complaints for three years. The rule requires carriers to
submit their annual report via the World Wide Web except if the carrier
can demonstrate an undue burden by doing so and receives permission
from the Department to submit it in an alternative manner. The first
required report covered disability-related complaints received by
carriers during calendar year 2004, was due to the Department on
January 31, 2005. Carriers have since submitted subsequent reports by
the last Monday in January for the prior calendar year.
    The title, a description of the information collection and
respondents, and the periodic reporting burden are set forth below for
each of the information collected.
    (1) Requirement to record and categorize complaints received.
    Respondents: Certificated U.S. air carriers and foreign air
carriers operating to and from the United States that conduct
passenger-carrying service with at least one large aircraft.
    Number of Respondents: 177 (an average of the total number of
respondents that reported over the past three years).
    Estimated Annual Burden on Respondents: 0-1,611 hours (96,660
minutes) a year for each respondent (estimated time to record and
categorize each complaint (15 minutes) multiplied by the lowest number
of complaints and the average of the highest number of complaints
received per respondent over the past three years (0-6,444 complaints).
    Estimated Total Annual Burden: 8,148 hours (488,880 minutes) for
all respondents (time to record and categorize each complaint (15
minutes) multiplied by the average total number of complaints received
over the past three years (32,591) for all respondents).
    Frequency: 0-6,444 complaints (a range of the lowest number of
complaints and an average of the highest number of complaints received
over the past three years).
    (2) Requirement to prepare and submit annual report.
    Respondents: Certificated U.S. air carriers and foreign air
carriers operating to and from the United States that conduct
passenger-carrying service with at least one large aircraft.
    Number of Respondents: 177 (an average of the total number of
respondents that reported over the past three years).
    Estimated Annual Burden on Respondents: 30 minutes a year per each
respondent.
    Estimated Total Annual Burden: 88.5 hours (5,310 minutes) for all
respondents (estimated annual burden [30 minutes] multiplied by the
total number of respondents).
    Frequency: 1 report to DOT per year for each respondent.
    (3) Requirement to retain correspondences and records of action
taken on all disability-related complaints.
    Respondents: Certificated U.S. air carriers and foreign air
carriers operating to and from the United States that conduct
passenger-carrying service with at least one large aircraft.
    Number of Respondents: 177 (an average of the total number of
respondents that reported over the past three years).
    Estimated Annual Burden on Respondents: 0-537 hours (0-32,220
minutes) for each respondent (the estimated time it will take for each
respondent to retain or save the correspondences and records of action
taken on disability-related complaints (5 minutes) multiplied by the
lowest number of complaints and the average highest number of
complaints received per respondent over the past three years (0-
6,444)).
    Estimated Total Annual Burden: 2,716 hours (162,955 minutes) for
all respondents (the estimated time it will take for each respondent to
retain or save the correspondences and records of action taken on
disability-related complaints (5 minutes) multiplied by the average
total number of complaints received over the past three years (32,591)
for all respondents).

    Frequency: 0-6,444 complaints per year for each respondent (A range
of the lowest number of complaints and an average of the highest number
of complaints received over the past three years).
    Comments are invited on: (a) Whether the collection of information
is necessary for the proper performance of the Department's functions,
including whether the information will have practical utility; (b) the
accuracy of the Department's estimate of the burden of the proposed
information collection; (c) ways to enhance the quality, utility and
clarity of the information to be collected; and (d) ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. All responses to this notice will be summarized
and included in the request for OMB approval. All comments will also
become a matter of public record.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR part 1.

    Issued in Washington, DC, on December 14, 2018.
Blane A. Workie,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. 2018-27532 Filed 12-19-18; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46972-46973]
[FR Doc No: 2018-20117]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2018-0012]

Advisory Committee on Construction Safety and Health

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for nominations for membership on ACCSH.

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

SUMMARY: The Secretary of Labor requests nominations for membership on
ACCSH.

DATES: Nominations for ACCSH membership: Submit (postmark, send,
transmit) nominations for ACCSH membership by November 16, 2018.

ADDRESSES: You may submit nominations and supporting materials by one
of the following methods:
    Electronically: You may submit nominations, including attachments,
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the on-line instructions for submissions.
    Facsimile (Fax): If your nomination and supporting materials,
including attachments, do not exceed 10 pages, you may fax them to the
OSHA Docket Office at<PHONE_NUMBER>.
    Regular mail, express mail, hand delivery, or messenger (courier)
service: Submit materials to the OSHA Docket Office, Docket No. OSHA-
2017-0007, Room N-3653, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY (877)
889-5627). OSHA's Docket Office accepts deliveries (hand deliveries,
express mail, and messenger service) during normal business hours,
10:00 a.m.-3:00 p.m., ET.
    Instructions: All nominations and supporting materials must include
the agency name and docket number for this Federal Register document
(Docket No. OSHA-2018-0012). Because of security-related procedures,
submitting nominations by regular mail may result in a significant
delay in their receipt. Please contact the OSHA Docket Office for
information about security

procedures for submitting nominations by hand delivery, express
delivery, and messenger or courier service.
    OSHA will post submissions in response to this Federal Register
document, including personal information provided, without change at
http://www.regulations.gov. Therefore, OSHA cautions interested parties
about submitting personal information such as Social Security Numbers
and birthdates.
    Access to docket: The http://www.regulations.gov index lists all
submissions provided in response to this Federal Register document;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from that web page. All submissions,
including materials not available on-line, are available for inspection
at the OSHA Docket Office. For information about accessing materials in
Docket No. OSHA-2018-0012, including materials not available on-line,
contact the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Frank
Meilinger, Director, OSHA Office of Communications; telephone: (202)
693-1999; email: [email protected].
    For general information about ACCSH and ACCSH membership: Mr. Damon
Bonneau, OSHA, Directorate of Construction; telephone:<PHONE_NUMBER>;
email: [email protected].
    Copies of this Federal Register document: Electronic copies of this
Federal Register notice are available at: http://www.regulations.gov.
This document, as well as news releases and other relevant information
are also available on the OSHA web page at: http://www.osha.gov.

SUPPLEMENTARY INFORMATION: The Secretary of Labor invites interested
persons to submit nominations for membership on ACCSH.
    Background: ACCSH advises the Secretary of Labor and the Assistant
Secretary of Labor for Occupational Safety and Health (Assistant
Secretary) in the formulation of standards affecting the construction
industry, and on policy matters arising in the administration of the
safety and health provisions under the Contract Work Hours and Safety
Standards Act (Construction Safety Act (CSA)) (40 U.S.C. 3701 et seq.)
and the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C.
651 et seq.) (see also 29 CFR 1911.10 and 1912.3). In addition, the OSH
Act and CSA require the Assistant Secretary to consult with ACCSH
before the Agency proposes any occupational safety and health standard
affecting construction activities (29 CFR 1911.10; 40 U.S.C. 3704).
    ACCSH operates in accordance with the CSA, the OSH Act, the Federal
Advisory Committee Act (FACA) (5 U.S.C. App. 2), and regulations issued
pursuant to those statutes (29 CFR part 1912, 41 CFR part 102-3). ACCSH
generally meets two to four times a year.
    ACCSH membership: ACCSH consists of 15 members whom the Secretary
appoints. ACCSH members generally serve staggered two-year terms,
unless they resign, cease to be qualified, become unable to serve, or
the Secretary removes them (29 CFR 1912.3(e)). The Secretary may
appoint ACCSH members to successive terms. No member of ACCSH, other
than members who represent employers or employees, shall have an
economic interest in any proposed rule that affects the construction
industry (29 CFR 1912.6).
    The categories of ACCSH membership, and the number of new members
to be appointed to replace members whose terms will expire, are:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry--five employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry--five employee
representatives will be appointed;
     Two representatives of State safety and health agencies--
two representatives from a State safety and health agency will be
appointed;
     Two public members, qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry--two public
representatives will be appointed; and
     One representative designated by the Secretary of the
Department of Health and Human Services and appointed by the
Secretary--no new appointment will be made.
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership. Any
interested person or organization may nominate one or more individuals
for membership on ACCSH. Interested persons also are invited and
encouraged to submit statements in support of nominees.
    Submission requirements: Nominations must include the following
information:
     Nominee's contact information and current employment or
position;
     Nominee's r[eacute]sum[eacute] or curriculum vitae,
including prior membership on ACCSH and other relevant organizations
and associations;
     Category of membership (employer, employee, public, State
safety and health agency) that the nominee is qualified to represent;
     A summary of the background, experience, and
qualifications that addresses the nominee's suitability for each of the
nominated membership categories;
     Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience, and expertise in
occupational safety and health, particularly as it pertains to the
construction industry; and
     A statement that the nominee is aware of the nomination,
is willing to regularly attend and participate in ACCSH meetings, and
has no conflicts of interest that would preclude membership on ACCSH.
    Member selection: The Secretary will select ACCSH members on the
basis of their experience, knowledge, and competence in the field of
occupational safety and health, particularly as it pertains to the
construction industry. Information received through this nomination
process, in addition to other relevant sources of information, will
assist the Secretary in appointing members to ACCSH. In selecting ACCSH
members, the Secretary will consider individuals nominated in response
to this Federal Register document, as well as other qualified
individuals.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary for Occupational Safety
and Health, authorized the preparation of this document under the
authority granted by 29 U.S.C. 656; 40 U.S.C. 3704; 5 U.S.C. App. 2; 29
CFR parts 1911 and 1912; 41 CFR 102-3; and Secretary of Labor's Order
No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed at Washington, DC, on September 11, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-20117 Filed 9-14-18; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Page 80291]
[FR Doc No: 2023-25396]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4639-033]

Ampersand Christine Falls Hydro, LLC; Notice of Intent To Prepare
an Environmental Assessment

    On September 29, 2021, Ampersand Christine Falls Hydro, LLC filed
an application for a subsequent minor license for the 850-kilowatt
Christine Falls Hydroelectric Project (Christine Falls Project or
project; FERC No. 4639). The Christine Falls Project is located on the
Sacandaga River near the Village of Speculator, Hamilton County, New
York.
    In accordance with the Commission's regulations, on August 16,
2023, Commission staff issued a notice that the project was ready for
environmental analysis (REA notice). Based on the information in the
record, including comments filed on the REA notice, staff does not
anticipate that licensing the project would constitute a major federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to license the Christine Falls Project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA......................  July 2024 \1\
Comments on EA............................  August 2024
------------------------------------------------------------------------
\1\ The Council on Environmental Quality's (CEQ) regulations under 40
  CFR 1501.10(b)(1) (2022) require that EAs be completed within 1 year
  of the federal action agency's decision to prepare an EA. See National
  Environmental Policy Act, 42 U.S.C. 4321 et seq., as amended by
  section 107(g)(1)(B)(iii) of the Fiscal Responsibility Act of 2023,
  Public Law 118-5, 4336a, 137 Stat. 42.

    Any questions regarding this notice may be directed to Andy Bernick
at<PHONE_NUMBER> or [email protected].

    Dated: November 9, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25396 Filed 11-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]
[Page 70998]
[DOCID:fr24no08-95]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12652-001]

Gerald M. Lutticken; Notice of Surrender of Preliminary Permit

November 18, 2008.
    Take notice that Gerald M. Lutticken, permittee for the proposed
Helltown Ravine Hydroelectric Project, has requested that its
preliminary permit be terminated. The permit was issued on November 3,
2006, and would have expired on October 31, 2009.\1\ The project would
have been located on Helltown Ravine, a tributary to Butte Creek, in
Butte County, California.
---------------------------------------------------------------------------

    \1\ 117 FERC ] 62,123.
---------------------------------------------------------------------------

    The permittee filed the request on November 7, 2008, and the
preliminary permit for Project No. 12652 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR Part 4, may be filed on the next business day.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-27815 Filed 11-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4841-4842]
[FR Doc No: 2012-2022]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66242; File No.10-206]

BOX Options Exchange LLC; Notice of Filing of Application, as
Amended, for Registration as a National Securities Exchange Under
Section 6 of the Securities Exchange Act of 1934

January 26, 2012.
    On December 19, 2011, BOX Options Exchange LLC (the ``Applicant''
or ``BOX Exchange'') submitted to the Securities and Exchange
Commission (``Commission'') a Form 1 application under the Securities
Exchange Act of 1934 (``Exchange Act''), seeking registration as a
national securities exchange under Section 6 of the Exchange Act.\1\ On
December 28, 2011, the Applicant submitted Amendment No. 1 to its Form
1 application.\2\ The Commission is publishing this notice to solicit
comments on the Applicant's Form 1 application, as amended. The
Commission will take these comments into consideration in making its
determination about whether to grant the Applicant's request to be
registered as a national securities exchange. The Commission will grant
the registration if it finds that the requirements of the Exchange Act
and the rules and regulations thereunder with respect to the Applicant
are satisfied.\3\
---------------------------------------------------------------------------

    \1\ On January 26, 2012, the Commission issued an order granting
the Applicant exemptive relief, subject to certain conditions, in
connection with the filing of its Form 1 application. See Securities
Exchange Act Release No. 66241. Because the Applicant's Form 1
application was incomplete without the exemptive relief, the date of
filing of such application is January 26, 2012.
    \2\ Amendment No. 1, among other things, provides the
unconsolidated financial statements for certain affiliates of the
Applicant that are required in Exhibit D to Form 1 but were not
included in the Applicant's initial Form 1 application. In its
initial Form 1 application, the Applicant only submitted
consolidated financials for certain of these affiliates.
    \3\ 15 U.S.C. 78s(a).
---------------------------------------------------------------------------

    The Applicant's Form 1 application, as amended, provides detailed
information on how it proposes to satisfy the requirements of the
Exchange Act. BOX Market LLC (``BOX Market''), a wholly-owned
subsidiary of BOX Holdings Group LLC (``BOX Holdings'') would own and
operate the options trading platform as a facility of the Applicant..
Specifically, BOX Market would operate the Boston Options Exchange
(``BOX'') options trading platform, which would be operated as a
facility of the Applicant, as the successor-in-interest to BOX Options
Exchange Group, LLC, which currently operates BOX. BOX would be an all-
electronic marketplace for the trading of listed options and would not
maintain a physical trading floor. Liquidity on BOX would be derived
from orders to buy and orders to sell submitted electronically by order
flow providers, as well as from market makers, which would have certain
market making obligations. The Applicant's Form 1 application is
available at the Commission's Public Reference Room and www.sec.gov.
    Interested persons are invited to submit written data, views, and
arguments concerning the Applicant's Form 1 application, as amended,
including whether the application is consistent with the Exchange Act.
In addition to any other areas for which interested persons may wish to
submit comments, the Commission seeks comment on the proposed corporate
structure of the Applicant. In order to approve the registration, the
Commission must find that the Applicant is ``so organized and has the
capacity to be able to carry out the purposes of [the Exchange Act].''
\4\ As noted above, the Applicant, BOX Exchange, would be a separate
corporate entity from BOX Market, the owner and operator of its trading
facility, BOX. BOX Market would in turn be owned by BOX Holdings. As
discussed in further detail in the Form 1 documents, the same persons
would own BOX Exchange and BOX Holdings, albeit in different
percentages. The Commission requests comment on all aspects of this
proposed structure, including:
---------------------------------------------------------------------------

    \4\ See Section 6(b)(1) of the Exchange Act, 15 U.S.C.
78f(b)(1).
---------------------------------------------------------------------------

    [cir] Commenters views on the registration of an entity as a
national securities exchange that does not own or operate its trading
facility.
    [cir] How, if at all, the proposed corporate structure (including
that the Applicant will not own the facility) potentially would impact
the ability of the Applicant to carry out its statutory obligations to
regulate and oversee BOX. If commenters believe there would be an
impact, and that the impact could be detrimental, what, if any, steps
do commenters think the Commission could take to address the potential
impact?
    [cir] How, if at all, the proposed corporate structure potentially
would impact the ability of the Commission to carry out its oversight
responsibilities with respect to BOX Exchange and its trading facility
BOX.
    [cir] What are commenters' views as to whether the separation of
the regulatory and oversight function of the Applicant from the market
operations function in the manner proposed would have an impact on the
independence of the regulatory function of the Applicant and its
ability to fulfill its responsibilities? If commenters believe that
there would be an impact, please describe the nature of the impact and
the reasoning as to why they believe it would occur.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 10-206) on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number 10-206. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Applicant's Form 1 applications filed
with the Commission, and all written communications relating to the
application between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make

available publicly. All submissions should refer to File Number 10-206
and should be submitted on or before March 16, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-2022 Filed 1-30-12; 8:45 am]
BILLING CODE 8011-01-P