[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Proposed Rules]
[Pages 52217-52224]
[FR Doc No: 2015-21293]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187

[Docket No.: FAA-2015-3597; Notice No. 15-06]
RIN 2120-AK53

Update of Overflight Fee Rates

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposed rule would update existing overflight fee rates
using more current FAA cost accounting and air traffic activity data.
Overflight fees are charges for aircraft flights that transit U.S.-
controlled airspace, but neither land in nor depart from the United
States. Overflight fee rates were last updated in 2011. As a result,
the FAA is not recovering the full cost of the services it provides.
The FAA proposes to increase the rates for Enroute and Oceanic
overflights based on fiscal year 2013 cost and air traffic activity
data. The FAA proposes to phase in this rate increase over three years
in equal percentage terms. This is a less burdensome approach than the
alternative of phasing in the new rates in equal absolute terms, and is
the same methodology used in the previous rulemaking. Finally, the FAA
proposes several organizational and clarifying revisions to the
overflight fee requirements.

DATES: Send comments on or before October 27, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3597
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Aleksandra Damsz, Financial Analyst, Office of
Financial Analysis, AFA-400, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8055; email<EMAIL_ADDRESS>

    For legal questions concerning this action, contact Jonathan Cross,
Office of the Chief Counsel, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7173; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules establishing fees is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in
Chapter 453, Section 45301 et seq. Under that Chapter, the FAA is
charged with prescribing regulations for the collection of fees for air
traffic control and related services provided to aircraft, other than
military and civilian aircraft of the United States Government or a
foreign government, that transit U.S.-controlled airspace, but neither
take off from nor land in the United States (``overflights''). This
rulemaking is within the scope of that authority.

I. Executive Summary

    The FAA proposes to increase the rates for Enroute and Oceanic
overflights over a 3-year period to bring cost recovery from Fiscal
Year (FY) 2008 recovery to FY 2013 recovery. The following table shows
the proposed increases.

  Table 1--Proposed Rate Increases for Enroute and Oceanic Overflights
------------------------------------------------------------------------
                                           Enroute rate    Oceanic rate
                                             (per 100        (per 100
              Revision date                  nautical        nautical
                                              miles)          miles)
------------------------------------------------------------------------
Current Rate............................          $56.86          $21.63
October 1, 2015.........................           58.45           23.15
October 1, 2016.........................           60.07           24.77
October 1, 2017.........................           61.75           26.51
------------------------------------------------------------------------

    The International Civil Aviation Organization (ICAO) recommends
that the ``cost to be shared is the full cost of providing the air
navigation services'' and that the ``approach toward the recovery of
full costs should be a gradual progression.'' \1\ The FAA requests
comments on whether it should expedite the rate of increase to achieve
full cost recovery before 2017.
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    \1\ ICAO's Policies on Charges for Airports and Air Navigation
Services, Document 9082, at 15-06 (2009).
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    The FAA also proposes several organizational and content revisions
to part 187 to clarify the overflight fees requirements.

Summary of Costs and Benefits of the Proposed Rule

    The higher overflight rates based on FY 2013 unit costs would allow
the FAA to move closer to full cost recovery of air traffic control
services already being provided to operators. The present value of the
projected fee increases through FY 2018--when the full increase in
rates would have taken place--would be $9,560,692 for foreign operators
and $141,888 for domestic operators. The updated fees would provide
greater incentives for foreign and domestic operators to economize on
U.S. air traffic control facilities and U.S.-controlled airspace, thus
increasing the efficient allocation of resources.

II. Background

History of Overflight Fees

    The FAA's overflight fees were initially authorized in section 273
of the Federal Aviation Reauthorization Act of 1996.\2\ After a series
of legal challenges and refinements, overflight fees were implemented
in their current form in 2001.\3\ Since that time the fee rates have
been based on cost data from the FAA's Cost Accounting System (CAS) and
air traffic data from the FAA's Traffic Flow Management System (TFMS
\4\). They were last updated in 2011.\5\ The 2011 final rule updated
the existing rates by using cost and activity data for FY 2008. Because
the rates had not been updated for 9 years, and the total Enroute and
Oceanic rate increases were significant, the FAA decided to phase in
the increases. The 2011 final rule phased in the increases over a 4-
year period, with rate increases occurring on October 1 of 2011, 2012,
2013, and 2014. Thus, on October 1, 2014, the FAA was recovering the
amounts that would have produced full cost recovery in FY 2008.
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    \2\ Pub. L. 104-264, 110 Stat. 3213 (Oct. 9, 1996). The
statutory authority has been updated several times, most recently
with section 122 of the FAA Modernization and Reform Act of 2012.
Pub. L. 112-95, 126 Stat. 19 (Feb. 14, 2012).
    \3\ 66 FR 43680 (Aug. 20, 2001). A full discussion of the
history of overflight fees can be found in the Update of August 2001
Overflight Fees final rule. See 76 FR 43112, 43112-43114 (Jul. 20,
2011).
    \4\ TFMS was formerly known as the Enhanced Traffic Management
System (ETMS).
    \5\ 76 FR 43112 (Jul. 20, 2011).
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Aviation Rulemaking Committee

    The FAA established and chartered an Overflight Fees Aviation
Rulemaking Committee (ARC) consisting of foreign air carriers (and
trade associations of those carriers) that are subject to the FAA's
overflight fees. The ARC was chartered on May 1, 2013, with the task to
provide the FAA a report detailing recommendations for tasks moving
forward with the overflight fees update process.
    The ARC met with the FAA on June 12, 2013, and on January 23, 2014.
On February 14, 2014, the ARC submitted several recommendations on
future overflight rate updates.\6\
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    \6\ A copy of the ``Recommendation of the Industry Members of
the 2013/2014 FAA Aviation Rulemaking Committee on Overflight Fees''
is available in the docket for this rulemaking.
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    The ARC recommended that the FAA increase overflight rates annually
from FY 2016 (beginning October 1, 2015) through FY 2018 (beginning
October 1, 2017) at the compounded annual growth rate (CAGR) of FY 2008
through FY 2013 FAA costs, calculated separately for the Enroute and
Oceanic rates. Calculations from CAS show this would result in an
annual increase of 1.72% for Enroute fees, and an annual increase of
3.76% for Oceanic fees. In other words, the ARC proposed that the FAA
phase in the rate increases using equal annual percentage increases as
done in the 2011 final rule. The final proposed fees are listed in the
table below:

Table 2--ARC Proposed Rate Increases for Enroute and Oceanic Overflights
------------------------------------------------------------------------
                                           ARC-Proposed    ARC-Proposed
                                           enroute rate    oceanic rate
              Revision date                  (per 100        (per 100
                                             nautical        nautical
                                              miles)          miles)
------------------------------------------------------------------------
Current Rate............................          $56.86          $21.63
October 1, 2015.........................           57.77           22.40
October 1, 2016.........................           58.75           23.23
October 1, 2017.........................           59.75           24.09
------------------------------------------------------------------------

    The ARC stated that while it does not challenge the use of CAS as a
basis for setting the fee, it does not endorse the current methodology
as a whole and recommends that the cost base exclude certain elements
of the FAA's overhead and other non-overflight related costs.
    Similar recommendations were proffered in comments leading to the
2011 final rule.\7\ In consideration of this ARC recommendation, the
FAA has reviewed its costing methodology and determined that the best
approach is to update the methodology to exclude Enroute Guam and San
Juan costs from total FAA costs since these combined control facilities
may handle a mix of general and commercial aviation traffic. Enroute
costs for Honolulu were already excluded and are handled similarly to
Guam and San Juan. With this approach, Enroute costs for Guam, San Juan
and Honolulu, which are similar facility types, are being treated in
the same manner. Additionally, to be consistent with the treatment of
costs for these facilities, flight miles for Honolulu and Guam are
being excluded from Enroute and Oceanic miles respectively in
estimating the fees. With this change, the treatment of miles for
Honolulu, Guam and San Juan are in line with the treatment of costs and
are consistent with FAA air traffic boundary definitions. The FAA's
costs used for this fee calculation are total costs because the
services provided benefit all system users, including overflight users.
As stated in 2011, any costs related to low activity airports and
airfields where traffic is controlled by Enroute controllers are de
minimus. Finally, the allocation of overhead is consistent with the
currently implemented methodology and with generally accepted
accounting principles.
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    \7\ See 76 FR 43112, 43114-43116 (Jul. 20, 2011).
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    The ARC industry members recommended that the FAA include all
traffic receiving services from the FAA ATO personnel in Enroute and
Oceanic Air Route Traffic Control Centers (ARTCCs) in the determination
of the flight miles that are used in the rate calculation. The ARC
contended that currently only filed flight plans (IFR/VFR) are used in
the fee calculation while a significant portion of the traffic consists
of the unfiled VFR traffic using flight following or being actively
separated from IFR.
    For this rulemaking, the ARC recommendation is consistent with the
FAA's approach to determine the total miles used to calculate the
overflight fee rate. VFR aircraft, which use flight-following services
without filing a flight plan, are assigned discrete beacon codes and
included as part of the total miles used to determine the fee rates.
    The ARC industry members also recommended that the FAA continue to
engage in meaningful financial discussions with its stakeholders and
provide full transparency on its cost development through CAS. The
industry members recommended that the FAA provide the industry
(including the non-ARC members) on an annual basis with year-to-year
comparisons of costs and traffic, and that any major changes in
allocations between cost centers are accompanied by the high level
summary justifying the changes. The industry members also asked that a
new ARC be convened in three years to analyze the costs and air traffic
activity data and determine the need for a future change of rates for
FY 2019 and beyond based on the updated cost and traffic data.
    The FAA generally supports continued engagement with industry
members. The FAA will consider reconvening an ARC for future rate
updates and will continue to provide cost and activity data through the
rulemaking process.
    Finally, the ARC industry members recommended that the FAA set a
target on its cost development that remains below inflation and takes
into consideration the expected development of traffic.
    The FAA believes forecasting based on projected traffic is more
appropriate than using arbitrary cost targets. Each year the FAA
publishes a 10-year Aerospace Forecast that includes anticipated levels
of activity. FAA hiring and capital investments are based on forecasted
levels of traffic activity.

III. Discussion of the Proposed Rule

    The FAA proposes to update overflight fee rates based on final CAS
data and TFMS data for FY 2013, which are the most recent cost and air
traffic activity data available. This update uses the same general
methodology, calculation, and data sources as those used for the last
update in 2011.\8\ The general methodology had been recommended by the
ARC and adopted by the FAA for the 2011 final rule. The FAA continues
to believe it is a reasonable methodology and has updated this
methodology based on an ARC recommendation to exclude costs and miles
for combined control facilities that may handle a mix of general and
commercial aviation traffic.
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    \8\ A copy of the ``Costing Methodology Report Fiscal Year
2013'' is available in the docket for this rulemaking.
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    Separate overflight rates have been established, and are currently
in effect, for flights that transit U.S.-controlled airspace in each of
two operational environments (Enroute and Oceanic airspace) without
taking off from or landing in the United States.\9\ The updated Enroute
rate would be derived by dividing the total costs incurred in the
Enroute environment in FY 2013 by the number of nautical miles flown in
U.S.-controlled Enroute airspace in FY 2013. Similarly, the Oceanic
rate would be derived by dividing the total Oceanic costs for FY 2013
by the total number of Oceanic miles flown in FY 2013. These
calculations would each produce a per-mile cost that would be levied as
a rate per 100 nautical miles flown. The rates calculated (based on FY
2013 data) for Enroute and Oceanic overflights are $61.75 and $26.51,
respectively. The step-by-step derivation of these rates, using CAS and
TFMS numbers for FY

2013, is shown in the ``Overflight Fee Rate Development Report.'' \10\
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    \9\ A copy of the ``Description of U.S.-Controlled Airspace'' is
available in the docket for this rulemaking.
    \10\ A copy of the ``Overflight Fee Rate Development Report'' is
available in the docket for this rulemaking.
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    As in the 2011 update, the FAA proposes to phase in the rate
increases. This approach is consistent with ICAO's principle of
gradualism. The FAA proposes a 3-year phase-in for this fee increase.
The FAA intends the first increase would occur beginning on October 1,
2015, and proceed according to the following schedule:

  Table 3--Proposed Rate Increases for Enroute and Oceanic Overflights
------------------------------------------------------------------------
                                           Enroute rate    Oceanic rate
                                             (per 100        (per 100
              Revision date                  nautical        nautical
                                              miles)          miles)
------------------------------------------------------------------------
Current Rate............................          $56.86          $21.63
October 1, 2015.........................           58.45           23.15
October 1, 2016.........................           60.07           24.77
October 1, 2017.........................           61.75           26.51
------------------------------------------------------------------------

    The FAA has considered the ARC recommendation. While the FAA
believes the ARC's approach is not unreasonable, the FAA has decided to
not move forward with the ARC recommendation since the methodology to
increase rates based on the CAGR between FY 2008 through FY 2013 allows
only a partial recovery of the FY 2013 costs that the FAA is authorized
to recover. Using that methodology, the FAA would have recovered
slightly less than 60% for Enroute and 50% for Oceanic of the total
increase between FY 2015 rates (based on FY 2008 costs) and rates using
FY 2013 data. The FAA is instead moving forward with the same basic
approach that was used in the FY 2011 final rule, which would recover
the FY 2013 cost basis beginning in FY 2018.
    The FAA also proposes organizational changes to part 187 to clarify
the overflight fee requirements. The FAA proposal replaces current
Appendix B of part 187 with new Sec. Sec.  187.3 (Definitions), 187.51
(Applicability of overflight fees), 187.53 (Calculation of overflight
fees), and 187.55 (Overflight fees billing and payment procedures).
Except as discussed in the following paragraphs, the FAA proposes no
changes to the substance of current requirements.
    In Sec.  187.1, the FAA proposes to remove the duplicate reference
to Appendix A, remove the reference to Appendix B because Appendix B is
being removed, and add a reference to Appendix C that inadvertently had
not been added when Appendix C (computation of fees for production
certification-related services performed outside the United States) was
added. The FAA proposes a new Sec.  187.3 to contain definitions
relevant to part 187. The terms overflight, overflight through Enroute
airspace, overflight through Oceanic airspace, and U.S.-controlled
airspace had been defined in Appendix B. The FAA proposes to revise the
definition for U.S.-controlled airspace to be more consistent with the
definition under international treaties, ICAO standards and guidance,
customary law, and Presidential Proclamation Number 5928.\11\ Finally,
the FAA proposes to define great circle distance consistent with the
FAA's method used for calculating overflight fees.
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    \11\ 54 FR 777 (Dec. 27, 1988).
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    In new Sec.  187.51, the FAA proposes a new paragraph (d) to
address fees for flights through U.S.-controlled airspace covered by an
FAA agreement or other binding arrangement. The FAA periodically enters
into agreements with foreign States, regional groups of States, or
foreign air navigation services providers to set the terms for the
FAA's management or control of foreign airspace among other air
navigation services provided by the FAA. Generally, these agreements
include specific terms for how the FAA recovers costs for the services
it provides. This paragraph would avoid a potential conflict between
such an agreement or arrangement and FAA regulations as well as ensure
that overflight fee regulations apply uniform conditions and are non-
discriminatory as required under the Chicago Convention. The FAA also
proposes to remove the exception from overflight fees for Canada-to-
Canada flights because those flights would continue to be addressed
under proposed paragraph (d).
    In new Sec.  187.53, the FAA proposes to retain the formula for
calculating overflight fees from existing Appendix B but also proposes
to clarify the explanation of calculating that fee. The total fee for a
particular flight would be the sum of the Enroute and Oceanic fees. The
Enroute and Oceanic fees would be calculated by multiplying the Enroute
or Oceanic rate (per 100 nautical miles), respectively, by the number
of miles flown through each segment of Enroute or Oceanic airspace,
respectively. Miles flown through each segment of airspace would be
calculated, using great circle distance (GCD), from the point of entry
into U.S.-controlled airspace to the point of exit from U.S.-controlled
airspace. As under the current rule, the FAA would use the best
available flight data to calculate the entry and exit points. The FAA
is considering removing the formula because it is redundant and has
created confusion. The FAA requests comments on whether the formula
still is necessary in light of the narrative explanation.
    The proposed billing and payment procedures in new Sec.  187.55 are
unchanged from those in existing Appendix B.

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 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. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate

likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.

A. Regulatory Evaluation

    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows.
    This proposed rule would institute a 3-year phase-in of rate
increases for Oceanic and Enroute overflights, with rates per 100
nautical miles increasing in FY 2016-2018 to $23.15, $24.77, and $26.51
for Oceanic flights, and to $58.45, $60.07, and $61.75 for Enroute
flights. The final FY 2018 rate of $26.51 for Oceanic services is
derived from the FAA's FY 2013 total cost of providing these services
divided by the total nautical miles flown by operators (overflights and
non-overflights) in Oceanic airspace. An analogous calculation is made
to obtain the FY 2018 rate of $61.75 for Enroute services. These higher
rates based on FY 2013 unit costs would allow the FAA to move closer to
full cost recovery of air traffic control services already being
provided to operators.
    Tables 4 and 5 show estimates of the increase in overflight fees
for domestic operators and foreign operators for FY 2016, FY 2017, and
FY 2018, using FY 2013 overflight mileage totals assuming no annual
growth. As the tables show, the present value of the projected fee
increases through FY 2018--when the full increase in rates would have
taken place--would be $141,888 for domestic operators and $9,560,692
for foreign operators. The updated fee rates would provide greater
incentives for foreign and domestic operators to economize on U.S. air
traffic control facilities and U.S.-controlled airspace, thus
increasing the efficient allocation of resources.

                                  Table 4--Domestic Operators--Overflight Fees
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               Domestic operators                     FY 2015         FY 2016         FY 2017         FY 2018
----------------------------------------------------------------------------------------------------------------
Oceanic Fees (per 100 nm).......................          $21.63          $23.15          $24.77          $26.51
Oceanic Billings w/o Proposed Rule..............         528,616         528,616         528,616         528,616
Oceanic Billings w/Proposed Rule................         528,616         565,707         605,400         647,878
Increase in Oceanic Billings....................               0          37,091          76,784         119,262
Enroute Fees (per 100 nm).......................          $56.86          $58.45          $60.07          $61.75
Enroute Billings w/o Proposed Rule..............         634,376         634,376         634,376         634,376
Enroute Billings w/o Proposed Rule..............         634,376         652,064         670,245         688,933
Increase in Enroute Billings....................               0          17,688          35,869          54,557
Increase in Overflight Billings.................               0          54,779         112,653         173,819
PV Increase in Overflight Billings..............               0         $51,195         $98,395        $141,888
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                                   Table 5--Foreign Operators--Overflight Fees
----------------------------------------------------------------------------------------------------------------
                Foreign operators                     FY 2015         FY 2016         FY 2017         FY 2018
----------------------------------------------------------------------------------------------------------------
Oceanic Fees (per 100 nm).......................          $21.63          $23.15          $24.77          $26.51
Oceanic Billings w/o Proposed Rule..............      28,072,427      28,072,427      28,072,427      28,072,427
Oceanic Billings w/Proposed Rule................      28,072,427      30,042,152      32,150,083      34,405,920
Increase in Oceanic Billings....................               0       1,969,724       4,077,656       6,333,493
Enroute Fees (per 100 nm).......................          $56.86          $58.45          $60.07          $61.75
Enroute Billings w/o Proposed Rule..............      62,543,288      62,543,288      62,543,288      62,543,288
Enroute Billings w/Proposed Rule................      62,543,288      64,287,136      66,079,607      67,922,055
Increase in Enroute Billings....................               0       1,743,848       3,536,318       5,378,767
Increase in Overflight Billings.................               0       3,713,572       7,613,974      11,712,259
PV Increase in Overflight Billings..............               0      $3,470,628      $6,650,340      $9,560,692
----------------------------------------------------------------------------------------------------------------
Notes: 1. Rates for overflights are per 100 nautical miles. 2. Fees are in U.S. dollars. 3. Values are
  discounted back to FY 2015 at a 7% discount rate.\12\

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    \12\ Office of Management and Budget, Circular A-94,
``Guidelines and Discount Rates for Benefit-Cost Analysis of Federal
Programs,'' October 29, 1992, p. 8.
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B. Regulatory Flexibility Determination

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

    For FY 2013 there were 469 domestic operators who overflew U.S.-
controlled airspace, many of whom appear to be small entities. As Table
4 shows, however, after the phase-in of fee increases has been
completed, in FY 2018, overflight billings to domestic operators would
have increased by just $173,819. Dividing this figure by the number of
FY 2013 domestic overflights, 4762, the FAA estimates that the average
increase in overflight billings would be $36.50 per operation.
Accordingly, the proposed rule would not have a significant economic
impact on a substantial number of small entities.
    Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not have a significant economic
impact on a substantial number of small entities. The FAA solicits
comments regarding this determination.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as 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. ICAO standards
allow providers of navigation services to require users of these
services to pay their share of the related costs. The FAA has
determined that this proposed rule primarily affects foreign commercial
operators. The proposal to recover costs of providing air navigation
services is consistent with ICAO standards and international practice.
Foreign operators would be charged a fee only if they use U.S.-
controlled airspace without taking off or landing in the U.S., and U.S.
operators would be charged in the same manner. Accordingly, the FAA
does not believe this proposal would create an unnecessary obstacle to
the foreign commerce of the United States.

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 $151.0 million in lieu of $100
million. This proposed 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 rule. The information used to track overflights (including the
information collection necessary to implement this rule) can be
accessed from flight plans filed with the FAA. The collection of
information from the Domestic and International Flight Plans is
approved under OMB information collection 2120-0026.

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 ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no differences with these proposed
regulations.
    The ICAO guidance document on aviation fees and charges, ICAO
Document 9082 (Ninth Edition--2012), ICAO's Policies on Charges for
Airports and Air Navigation Services, recommends consultations before
imposing fees. In addition, Article 12 of the Air Transport Agreement
between the United States of America and the European Union and its
Member States (April 30, 2007, as amended June 24, 2010) encourages
consultation.
    By convening an ARC, presenting updated cost and traffic data to
the ARC, and considering the ARC's recommendation, the FAA consulted
with system users prior to proposing this overflight fee update.
Additionally, the FAA invites comments on this proposal, which permits
participation by all interested parties in the rulemaking process.

G. Environmental Analysis

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

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would 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, would not have
Federalism implications.

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

    The FAA analyzed this proposed 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
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) 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.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites

comments relating to the economic, environmental, energy, or federalism
impacts that might result from adopting the proposals in this document.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
    Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced above.

List of Subjects in 14 CFR Part 187

    Administrative practice and procedure, Air transportation.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 187--FEES

0
1. Revise the authority citation for part 187 to read as follows:

    Authority:  31 U.S.C. 9701; 49 U.S.C. 106(f), 106(g), 106(l)(6),
40104-40105, 40109, 40113-40114, 44702, 45301.

0
2. Revise Sec.  187.1 to read as follows:

Sec.  187.1  Scope.

    This part prescribes fees only for FAA services for which fees are
not prescribed in other parts of this chapter or in 49 CFR part 7. The
fees for services furnished in connection with making information
available to the public are prescribed exclusively in 49 CFR part 7.
Appendix A to this part prescribes the methodology for computation of
fees for certification services performed outside the United States.
Appendix C to this part prescribes the methodology for computation of
fees for production certification-related services performed outside
the United States.
0
3. Add Sec.  187.3 to read as follows:

Sec.  187.3  Definitions.

    For the purpose of this part:
    Great circle distance means the shortest distance between two
points on the surface of the Earth.
    Overflight means a flight through U.S.-controlled airspace that
does not include a landing in or takeoff from the United States.
    Overflight through Enroute airspace means an overflight through
U.S.-controlled airspace where primarily radar-based air traffic
services are provided.
    Overflight through Oceanic airspace means an overflight through
U.S.-controlled airspace where primarily procedural air traffic
services are provided.
    U.S.-controlled airspace means all airspace over the territory of
the United States, extending 12 nautical miles from the coastline of
U.S. territory; any airspace delegated to the United States for U.S.
control by other countries or under a regional air navigation
agreement; or any international airspace, or airspace of undetermined
sovereignty, for which the United States has accepted responsibility
for providing air traffic control services.
0
4. Add Sec. Sec.  187.51, 187.53, and 187.55 to read as follows:

Sec.  187.51  Applicability of overflight fees.

    (a) Except as provided in paragraphs (c) or (d) of this section,
any person who conducts an overflight through either Enroute or Oceanic
airspace must pay a fee as calculated in section 187.53.
    (b) Services. Persons covered by paragraph (a) of this section must
pay a fee for the FAA's rendering or providing of certain services,
including but not limited to the following:
    (1) Air traffic management.
    (2) Communications.
    (3) Navigation.
    (4) Radar surveillance, including separation services.
    (5) Flight information services.
    (6) Procedural control.
    (7) Emergency services and training.
    (c) The FAA does not assess a fee for any military or civilian
overflight operated by the United States Government or by any foreign
government.
    (d) Fees for overflights through U.S.-controlled airspace covered
by a written FAA agreement or other binding arrangement are charged
according to the terms of that agreement or arrangement unless the
terms are silent on fees.

Sec.  187.53  Calculation of overflight fees.

    (a) The FAA assesses a total fee that is the sum of the Enroute and
Oceanic calculated fees.
    (1) Enroute fee. The Enroute fee is calculated by multiplying the
Enroute rate in paragraph (c) of this section by the total number of
nautical miles flown through each segment of Enroute airspace divided
by 100 (because the Enroute rate is expressed per 100 nautical miles).
    (2) Oceanic fee. The Oceanic fee is calculated by multiplying the
Oceanic rate in paragraph (c) of this section by the total number of
nautical miles flown through each segment of Oceanic

airspace divided by 100 (because the Oceanic rate is expressed per 100
nautical miles).
    (b) Distance flown through each segment of Enroute or Oceanic
airspace is based on the great circle distance (GCD) from the point of
entry into U.S.-controlled airspace to the point of exit from U.S.-
controlled airspace based on FAA flight data. Where actual entry and
exit points are not available, the FAA will use the best available
flight data to calculate the entry and exit points.
    (c) The rate for each 100 nautical miles flown through Enroute or
Oceanic airspace is:

------------------------------------------------------------------------
               Time period                 Enroute rate    Oceanic rate
------------------------------------------------------------------------
Through September 30, 2015..............           56.86           21.63
October 1, 2015 through September 30,              58.45           23.15
 2016...................................
October 1, 2016 through September 30,              60.07           24.77
 2017...................................
October 1, 2017 and beyond..............           61.75           26.51
------------------------------------------------------------------------

    (d) The formula for the total overflight fee is:
Rij = E*DEij/100 + O*DOij/100

Where:

Rij = the total fee charged to aircraft flying between
entry point i and exit point j.
DEij = total distance flown through each segment of
Enroute airspace between entry point i and exit point j.
DOij = total distance flown through each segment of
Oceanic airspace between entry point i and exit point j.
E and O = the Enroute and Oceanic rates, respectively, set forth in
paragraph (c) of this section.

    (e) The FAA will review the rates described in this section at
least once every 2 years and will adjust them to reflect the current
costs and volume of the services provided.

Sec.  187.55  Overflight fees billing and payment procedures.

    (a) The FAA will send an invoice to each user when fees are owed to
the FAA. If the FAA cannot identify the user, then an invoice will be
sent to the registered owner. Users will be billed at the address of
record in the country where the aircraft is registered, unless a
billing address is otherwise provided.
    (b) The FAA will send an invoice if the monthly (based on Universal
Coordinated Time) fees equal or exceed $250.
    (c) Payment must be made by one of the methods described in Sec.
187.15(d).

Appendix B to Part 187--[Removed and Reserved]

0
5. Remove and reserve Appendix B to Part 187.

    Issued under authority provided by 49 U.S.C. 106(f) and 45302,
in Washington, DC, on August 24, 2015.
David Rickard,
Director, Office of Financial Analysis.
[FR Doc. 2015-21293 Filed 8-27-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57607-57608]
[FR Doc No: 2015-24342]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0588; FRL-9934-66-ORD]

Human Studies Review Board; Notification of a Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Office of the
Science Advisor announces two separate public meetings of the Human
Studies Review Board to advise the Agency on the ethical and scientific
reviews of EPA research with human subjects.

DATES: A public virtual meeting will be held on October 19-20, 2015,
from 1:00 p.m. to approximately 5:00 p.m. Eastern Time each day. A
separate teleconference meeting is planned for Monday, December 7,
2015, from 1:00 p.m. to approximately 2:30 p.m. for the HSRB to
finalize its Final Report of the October 19-20, 2015 meeting.

ADDRESSES: Both of these meetings will be conducted entirely on the
Internet using Adobe Connect. Registration is required to attend this
meeting. Please visit the HSRB Web site: http://www.epa.gov/hsrb to
register.
    Comments: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2015-0588, by one of the following methods:
    Internet: http://www.regulations.gov: Follow the online
instructions for submitting comments.
    Email<EMAIL_ADDRESS>    Mail: The EPA Docket Center EPA/DC, ORD Docket, Mail code: 28221T,
1200 Pennsylvania Avenue NW., Washington, DC 20460.
    Hand Delivery: The EPA/DC Public Reading Room is located in the EPA
Headquarters Library, Room Number 3334 in the EPA WJC West, at 1301
Constitution Avenue NW., Washington, DC 20460. The hours of operation
are 8:30 a.m. to 4:30 p.m. Eastern Time, Monday through Friday,
excluding federal holidays. Please call<PHONE_NUMBER> or email the ORD
Docket at<EMAIL_ADDRESS>for instructions. Updates to Public
Reading Room access are available on the Web site at: http://www.epa.gov/epahome/dockets.htm.
    Instructions: The Agency's policy is that all comments received
will be included in the public docket without change and may be made
available online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any electronic storage media you submit. If the EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to
receive further information should contact Jim Downing on telephone
number<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>or mailing address Environmental Protection
Agency, Office of the Science Advisor, Mail code 8105R, 1200
Pennsylvania Avenue NW., Washington, DC 20460. General information
concerning the EPA HSRB can be found on the EPA Web site at: http://www.epa.gov/hsrb.

SUPPLEMENTARY INFORMATION:
    Meeting access: Access to these Internet meetings are open to all
by following the information provided above.
    Procedures for providing public input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Section
I, ``Public Meeting'' under subsection D. ``How May I Participate in
this Meeting?'' of this notice.

I. Public Meeting

A. Does this action apply to me?

    This action is directed to the public in general. This Notice may,
however, be of particular interest to persons who conduct or assess
human studies, especially studies on substances regulated by the EPA,
or to persons who are, or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetic Act or
the Federal Insecticide, Fungicide, and Rodenticide Act. This notice
might also be of special interest to participants of studies involving
human subjects, or representatives of study participants or experts on
community engagement. The Agency has not attempted to describe all the
specific entities that may have interest in human subjects research. If
you have any questions regarding this notice, consult Jim Downing
listed under FOR FURTHER INFORMATION CONTACT.

B. How can I access electronic copies of this document and other
related information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA
Docket Center, in the Public Reading Room. The Public Reading Room is
located in the EPA Headquarters Library, Room Number 3334 in the EPA
WJC West, at 1301 Constitution Avenue NW., Washington, DC 20460. The
hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Time, Monday
through Friday, excluding federal holidays. Please call<PHONE_NUMBER>
or email the ORD Docket at<EMAIL_ADDRESS>for instructions.

Updates to Public Reading Room access are available on the Web site
(http://www.epa.gov/epahome/dockets.htm). The Agency's position
paper(s), charge/questions to the HSRB, and the meeting agenda will be
available by early October 2015. In addition, the Agency may provide
additional background documents as the materials become available. You
may obtain electronic copies of these documents, and other related
documents that are available electronically, from the regulations.gov
Web site and the EPA HSRB Web site at http://www.epa.gov/hsrb/. For
questions on document availability, or if you do not have access to the
Internet, consult Jim Downing listed under FOR FURTHER INFORMATION.

C. What should I consider as I prepare my comments for the EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data that you
used to support your views.
    4. Provide specific examples to illustrate your concerns and
suggest alternatives.
    5. To ensure proper receipt by the EPA, be sure to identify the
Docket ID number assigned to this action in the subject line on the
first page of your response. You may also provide the name, date, and
Federal Register citation.

D. How may I participate in this meeting?

    You may participate in these meetings by following the instructions
in this section. To ensure proper receipt by the EPA, it is imperative
that you identify Docket ID number EPA-HQ-ORD-2015-0588 in the subject
line on the first page of your request.
    1. Oral comments. Requests to present oral comments during either
conference call will be accepted up to Noon Eastern Time on Wednesday,
October 14, 2015, for the October 19-20 meeting and up to Noon Eastern
Time on Wednesday, December 2, 2015, for the December 7, 2015
conference call. To the extent that time permits, interested persons
who have not pre-registered may be permitted by the Chair of the HSRB
to present oral comments during either call. Individuals or groups
wishing to make brief oral comments to the HSRB on October 19 or 20,
2015, are strongly advised to submit their request (preferably via
email) to Jim Downing, listed under FOR FURTHER INFORMATION CONTACT no
later than noon, Eastern Time, Wednesday, October 14, 2015, in order to
be included on the meeting agenda and to provide sufficient time for
the HSRB Chair and HSRB Designated Federal Official to review the
meeting agenda to provide an appropriate public comment period.
Individuals or groups wishing to make brief oral comments to the HSRB
during the December 7, 2015 teleconference should submit their request
by Noon Eastern Time on Wednesday, December 2, 2015. The request should
identify the name of the individual making the presentation and the
organization (if any) the individual will represent. Oral comments
before the HSRB are generally limited to five minutes per individual or
organization. Please note that this includes all individuals appearing
either as part of, or on behalf of, an organization. While it is our
intent to hear a full range of oral comments on the science and ethics
issues under discussion, it is not our intent to permit organizations
to expand the time limitations by having numerous individuals sign up
separately to speak on their behalf. If additional time is available,
further public comments may be possible.
    2. Written comments. Submit your written comments prior to the
meetings. For the Board to have the best opportunity to review and
consider your comments as it deliberates, you should submit your
comments by Noon Eastern Time on Wednesday, October 14, 2015, for the
October 19-20 meeting, and by noon Eastern Time on Wednesday, December
2, 2015, for the December 7, 2015 teleconference. If you submit
comments after these dates, those comments will be provided to the HSRB
members, but you should recognize that the HSRB members may not have
adequate time to consider your comments prior to their discussion. You
should submit your comments using the instructions in Section I., under
subsection C., ``What Should I Consider as I Prepare My Comments for
the EPA?'' In addition, the agency also requests that persons
submitting comments directly to the docket also provide a copy of their
comments to Jim Downing listed under FOR FURTHER INFORMATION CONTACT.
There is no limit on the length of written comments for consideration
by the HSRB.

E. Background

    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act 5 U.S.C. App.2 Sec.  9. The
HSRB provides advice, information, and recommendations to the EPA on
issues related to scientific and ethical aspects of human subjects
research. The major objectives of the HSRB are to provide advice and
recommendations on: (1) Research proposals and protocols; (2) reports
of completed research with human subjects; and (3) how to strengthen
EPA's programs for protection of human subjects of research. The HSRB
reports to the EPA Administrator through the Agency's Science Advisor.
    1. Topics for discussion. On Monday, October 19, 2015, EPA's Human
Studies Review Board will consider scientific and ethical issues
surrounding: A completed study from the U.S. Department of Agriculture
Describing Laboratory Evaluation of Bite Protection from Repellent-
Impregnated Clothing for the United States Military. At the
continuation of the October meeting on Tuesday, October 20, 2015, EPA's
Human Studies Review Board will consider scientific and ethical issues
surrounding: Protocol for Testing of S.C. Johnson Personal Tick
Repellent Products to Support Use of EPA Repellency Awareness Graphic.
    2. Then on Monday, December 7, 2015 the HSRB will finalize its
Final Report for the October 19-20, 2015 meeting.
    2. Meeting minutes and reports. Minutes of these meetings,
summarizing the matters discussed and recommendations, if any, made by
the advisory committee regarding such matters, will be released within
90 calendar days of the meeting. Such minutes will be available at
http://www.epa.gov/osa/hsrb/ and http://www.regulations.gov. In
addition, information regarding the HSRB's final meeting report, will
be found at http://www.epa.gov/osa/hsrb/ or from the person listed
under FOR FURTHER INFORMATION CONTACT.

    Dated: September 17, 2015.
Thomas A. Burke,
EPA Science Advisor.
[FR Doc. 2015-24342 Filed 9-23-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Rules and Regulations]
[Page 34236]
[DOCID:fr15jy09-11]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2009-N-0665]

Implantation or Injectable Dosage Form New Animal Drugs; Flunixin

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an original abbreviated new
animal drug application (ANADA) filed by Norbrook Laboratories, Ltd.
The ANADA provides for the use of flunixin meglumine injectable
solution in swine.

DATES: This rule is effective July 15, 2009.

FOR FURTHER INFORMATION CONTACT:  John K. Harshman, Center for
Veterinary Medicine (HFV-104), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Norbrook Laboratories, Ltd., Station Works,
Newry BT35 6JP, Northern Ireland, filed ANADA 200-476 that provides for
use of Flunixin Injection -S in swine for various bacterial infections.
Norbrook Laboratories, Ltd.'s Flunixin Injection -S is approved as a
generic copy of BANAMINE-S (flunixin meglumine) injectable solution,
sponsored by Schering-Plough Animal Health Corp. under NADA 101-479.
The ANADA is approved as of June 22, 2009, and the regulations are
amended in 21 CFR 522.970 to reflect the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  522.970, revise paragraphs (b)(1) and (b)(4) to read as
follows:

Sec.  522.970  Flunixin.

* * * * *
    (b) * * *
    (1) See Nos. 000061 and 055529 for use as in paragraph (e) of this
section.
* * * * *
    (4) See Nos. 059130 and 061623 for use as in paragraphs (e)(1) and
(e)(2) of this section.
* * * * *

    Dated: July 8, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9-16735 Filed 7-14-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45441-45442]
[FR Doc No: 2018-19392]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP17-20-000; CP17-21-000; CP17-21-001; CP18-7-000]

Notice of Schedule for Environmental Review of the Port Arthur
Liquefaction Project, the Texas Connector Project, and the Louisiana
Connector Project: Port Arthur LNG, LLC; PALNG Common Facilities
Company, LLC; Port Arthur Pipeline, LLC

    On November 29, 2016, Port Arthur LNG, LLC and PALNG Common
Facilities Company, LLC (collectively referred to as PALNG) filed an
application in Docket No. CP17-20-000 requesting authorization pursuant
to Section 3(a) of the Natural Gas Act (NGA) to construct and operate
liquefied natural gas (LNG) export facilities. On the same day, Port
Arthur Pipeline, LLC (PAPL) filed an application in Docket No. CP17-21-
000, requesting a Certificate of Public Convenience and Necessity
pursuant to Section 7(c) of the NGA to construct, operate, and maintain
certain natural gas pipeline facilities for its Texas Connector
Project. On October 16, 2017, PAPL filed an application in Docket No.
CP18-7-000, requesting a Certificate of Public Convenience and
Necessity pursuant to Section 7(c) of the NGA to construct, operate,
and maintain certain natural gas pipeline facilities for its Louisiana
Connector Project. The combined projects, collectively referred to as
the Port Arthur Liquefaction and Pipeline Projects (Projects), would
provide gas and processing to produce up to 13.5 million tonnes per
annum of LNG for export. On August 20, 2015, in Order No. 3698, the
U.S. Department of Energy, Office of Fossil Energy, granted to Port
Arthur LNG, LLC a long-term, multi-contract authorization to export LNG
to Free Trade Agreement nations.
    On December 13, 2016, and October 30, 2017, the Federal Energy
Regulatory Commission (FERC or Commission) issued its Notices of
Application for the Projects. Among other things, these notices alerted
other agencies issuing federal authorizations of the requirement to
complete all necessary reviews and to reach a final decision on the
request for a federal authorization within 90 days of the date of
issuance of the Commission staff's final Environmental Impact Statement
(EIS) for the Projects. This instant notice identifies the FERC staff's
planned schedule for completion of the final EIS for the Projects,
which is based on an issuance of the draft EIS in September 2018. The
forecasted schedule for both the draft and final EIS is based upon
PALNG and PAPL providing complete and timely responses to any future
data requests. In addition, the schedule assumes that the cooperating
agencies will provide input on their areas of responsibility on a
timely basis.

Schedule for Environmental Review

Issuance of Notice of Availability of the final EIS--January 31, 2019
90-Day Federal Authorization Decision Deadline--May 1, 2019

    If a schedule change becomes necessary for the final EIS, an
additional notice will be provided so that the relevant agencies are
kept informed of the Projects' progress.

Project Description

    PALNG's proposed facilities consist of an export liquefaction
termination that includes two LNG liquefaction trains, three LNG
storage tanks, a refrigerant storage area and truck unloading
facilities, a condensate storage area and truck loading facilities, a
construction dock, a marine offloading facility, a pioneer dock, and
two marine berths capable of accommodating two LNG carriers of up to
266,000 cubic meters each. PALNG's proposed facilities would occupy
approximately 898 acres of a 2,900-acre site on the western shore of
the Port Arthur Canal, about 5 miles south of Port Arthur, Texas and 6
miles north of Sabine, Texas.
    PAPL's Texas Connector Project would consist of 26.6 miles of 42-
inch-diameter pipeline entering the liquefaction facility from the
north; 7.6 miles of 42-inch-diameter pipeline entering the liquefaction
facility from the south; 4.7 miles of lateral pipelines; two compressor
stations providing a total of approximately 31,600 horsepower of
compression; six meter stations; eight pig launchers and receivers; and
one mainline valve. These facilities would be located in in Jefferson
and Orange Counties, Texas and Cameron Parish, Louisiana.
    PAPL's Louisiana Connector Project would consist of 130.8 miles of
42-inch-diameter pipeline; 0.5 mile of lateral pipelines; one
compressor station providing a total of approximately 89,900 horsepower
of compression; nine meter stations; nine mainline valves; and four pig
launchers/receivers in Jefferson and Orange Counties, Texas and
Cameron, Calcasieu, Beauregard, Allen, Evangeline, and St. Landry
Parishes, Louisiana.

Background

    On March 31, 2015, the Commission staff granted PALNG's and PAPL's
requests to use the FERC's Pre-filing environmental review process for
the Liquefaction and Texas Connector Projects. On June 24, 2015, the
Commission issued a Notice of Intent to Prepare an Environmental Impact
Statement for the Planned Port Arthur Liquefaction Project and Port
Arthur Pipeline Project, Request for Comments on Environmental Issues,
and Notice of Public Scoping Meeting. On March 17, 2017, the Commission
staff granted PAPL's request to use the FERC's Pre-filing environmental
review process for the Louisiana Connector Project. On May 25, 2017,
the Commission issued a Notice of Intent to Prepare an Environmental
Impact Statement for the Planned Louisiana Connector Project, Request
for Comments on Environmental Issues, and Notice of Public Scoping
Sessions.
    The two referenced Notices of Intent were issued during the
respective pre-filing review of the Projects, and were sent to federal,
state, and local government agencies; elected officials; affected
landowners; environmental and public interest groups; Native American
tribes and regional organizations; commentors and other interested

parties; and local libraries and newspapers. Major issues raised during
scoping included wetland impacts and mitigation, and dredge material
testing and beneficial reuse.
    The U.S. Coast Guard; U.S. Department of Energy; U.S. Department of
Transportation, Pipeline and Hazardous Materials Safety Administration;
U.S. Army Corps of Engineers, Galveston District; and U.S.
Environmental Protection Agency are cooperating agencies in the
preparation of the EIS.

Additional Information

    In order to receive notification of the issuance of the EIS and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Projects is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP17-20, CP17-21, or
CP18-7), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: August 31, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-19392 Filed 9-6-18; 8:45 am]
BILLING CODE 6717-01-P