[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Proposed Rules]
[Pages 30232-30233]
[FR Doc No: 2012-12350]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0530; Directorate Identifier 2011-SW-075-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Bell Helicopter Textron (BHT) Model 412, 412EP, and 412CF helicopters.
This proposed AD is prompted by a reported failure of a collective
lever. These proposed actions are intended to detect a crack in the
collective lever, which could lead to failure of the collective lever
and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by July 23, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Examining the AD Docket: You may examine the AD docket on the
Internet at http://www.regulations.gov or in person at the Docket
Operations Office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this proposed AD, the
economic evaluation, any comments received, and other information. The
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone
(817) 280-3391, fax<PHONE_NUMBER>, or at http://www.bellcustomer.com/files/. You may review a copy of the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Martin Crane, Aerospace Engineer, FAA,
Rotorcraft Certification Office, Rotorcraft Directorate, 2601 Meacham
Blvd., Fort Worth, Texas 76137, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite 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.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    BHT has received a report of a fractured collective lever part
number (P/N) 412-010-408-101. Their investigation revealed that
residual stresses induced during manufacturing may have contributed to
the fatigue fracture of the collective lever. This condition, if not
corrected, could lead to failure of the collective lever, and
subsequent loss of control of the helicopter.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition is likely to exist
or develop on other products of the same type design.

Related Service Information

    We reviewed BHT ASB 412-11-148 and ASB 412CF-11-47, which describe
procedures for repetitively inspecting the collective control with a
magnifying glass and a strong light source and, if necessary, a
fluorescent penetrant inspection. If there is a crack, the ASBs require
replacing the collective lever.

Proposed AD Requirements

    This proposed AD requires, within 25 hours time-in-service (TIS),
cleaning the collective lever and inspecting it for cracks with a 10X
or higher power magnifying glass. If there is a crack in the collective
lever paint finish, this proposed AD requires removing the collective
lever from the swashplate and performing a fluorescent penetrant
inspection. If there is a crack in the collective lever, this proposed
AD requires replacing the collective lever with an airworthy collective
lever before further flight. Additionally, this AD requires repeating
this inspection every 100 hours time-in-service (TIS).

Differences Between This Proposed AD and the Service Information

    The BHT ASBs require compliance within 100 hours of flight time for
the initial inspection; the proposed AD requires compliance within 25
hours TIS. If a crack is found, the BHT ASBs require reporting the
defect to Bell Product Support Engineering; the proposed AD does not.
The BHT ASBs allow a portion of the collective lever to be inspected by
a mirror and light only without a magnifying glass; the proposed AD
does not.

Costs of Compliance

    We estimate that this proposed AD will affect 83 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this proposed AD. Inspecting the collective
lever requires one work-hour at an average labor rate of $85 per hour,
for a cost per helicopter of $85 and a total cost to the U.S. operator
fleet of $7,055 per inspection cycle. Replacing a cracked collective
lever requires 10 work-hours at an average labor rate of $85 per hour
and required parts will cost $12,883, for a total cost of $13,733 per
helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bell Helicopter Textron: Docket No. FAA-2012-0530; Directorate
Identifier 2011-SW-075-AD.

(a) Applicability

    This AD applies to Model 412 and 412EP helicopters, serial
numbers (S/N) 33001 through 33213, 34001 through 34036, and 36001
and higher; and Model 412CF helicopters, S/N 46400 and higher; with
a collective lever part number (P/N) 412-010-408-101 installed,
certificated in any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as a cracked collective
lever, which could result in failure of the collective lever and
subsequent loss of control of the helicopter.

(c) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(d) Required Actions

    Within 25 hours time-in-service (TIS) or 30 days, whichever
occurs first, and thereafter at intervals not to exceed 100 hours
TIS:
    (1) Using cleaning compound (C-318) or equivalent, thoroughly
clean the collective lever.
    (2) Using a 10X or higher power magnifying glass, inspect the
collective lever in the areas shown in Figure 1 of Bell Helicopter
Textron Alert Service Bulletin (ASB) 412-11-148, Revision A, dated
December 12, 2011 or Bell Helicopter Textron ASB 412CF-11-47,
Revision A, dated December 12, 2011, as appropriate for your model
helicopter.
    (3) If there is a crack in the paint, remove the collective
lever from the swashplate assembly.
    (i) Remove paint and primer from the area around the crack.
    (ii) Fluorescent penetrant inspect the area of the crack.
    (4) If there is a crack in the collective lever, before further
flight, replace the collective lever with an airworthy collective
lever.

(e) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Martin Crane,
Aerospace Engineer, FAA, Rotorcraft Certification Office, Rotorcraft
Directorate, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone
(817) 222-5170, email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(f) Additional Information

    For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or at http://www.bellcustomer.com/files/. You may review a copy of information at
the FAA, Office of the Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth, Texas 76137.

 (g) Subject

    Joint Aircraft Service Component (JASC) Code: 6230: Main Rotor
Mast/Swashplate.

    Issued in Fort Worth, Texas, on May 10, 2012.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2012-12350 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Page 22425]
[FR Doc No: 2011-9641]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request; Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 433; OMB Control No. 3235-0617; SEC File No. 270-558.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Rule 433 (17 CFR 230.433) governs the use and filing of free
writing prospectuses under the Securities Act of 1933 (15 U.S.C. 77a et
seq.). The purpose of Rule 433 is to reduce the restrictions on
communications that a company can make to investors during a registered
offering of its securities, while maintaining a high level of investor
protection. A free writing prospectus meeting the conditions of Rule
433(d)(1) must be filed with the Commission and is publicly available.
We estimate that it takes approximately 1.3 burden hours per response
to prepare a free writing prospectus and that the information is filed
by 2,906 respondents approximately 1.25 times a year for a total of
3,633 responses. We estimate that 25% of the 1.3 burden hours per
response (0.32 hours) is prepared by the respondent for total annual
reporting burden of approximately 1,163 hours (0.32 hours x 3,633
responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, http://www.reginfo.gov. Comments should be directed to: (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an e-
mail to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    Dated: April 15, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-9641 Filed 4-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Pages 18837-18838]
[FR Doc No: 2018-09042]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1424-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Rio Bravo
Fresno, A California Joint Venture

    This is a supplemental notice in the above-referenced proceeding
Rio Bravo Fresno, A California Joint Venture's application for market-
based rate authority, with an accompanying rate tariff, noting that
such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 14, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected] or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: April 24, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09042 Filed 4-27-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]
[Page 17-18]
[DOCID:fr03ja06-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 35

[EPA-HQ-OW-2005-0038; FRL-8017-9]

Allotment Formula for Clean Water Act (CWA) Section 106 Funds;
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This amendment to 40 CFR 35.162 will address a situation which
occurred in EPA's FY 2006 CWA Section 106 appropriation process. The
President's FY 2006 budget specifically requested an increase in
Section 106 funding for enhanced monitoring activities, particularly
for statistically-valid assessments of water quality nationwide and for
strengthening State and interstate monitoring programs. This action
announces EPA's amendment of its CWA allocation regulation to provide
the Agency with the flexibility to allot separately these funds that
have been appropriated by Congress for Section 106 grants and targeted
for monitoring. The amendment applies only to those portions of Section
106 funds which have been targeted in EPA's appropriations process for
specific water pollution control elements.

DATES: This final rule is effective on January 3, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. OW-2005-0038. 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, is publicly available only in hard copy.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Water Docket, EPA/

DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone

number for the Water Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office
of Wastewater Management, 4201M, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-8831; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

    Regulated Entities: States and interstate agencies that are
eligible to receive grants under Section 106 of the CWA.

II. Background

    Section 106 of the CWA authorizes the EPA to provide grants to
States and interstate agencies to administer programs for the
prevention, reduction, and elimination of water pollution, including
the development and implementation of ground-water protection
strategies. Section 106(b) of the CWA directs the EPA Administrator to
make allotments for grants from sums appropriated by Congress in each
fiscal year ``in accordance with regulations promulgated by him on the
basis of the extent of the pollution problem in the respective
States''. EPA developed and promulgated 40 CFR 35.160-35.168 for
allocating funds to the States and eligible interstate agencies.
    The amendment to 40 CFR 35.162 will address a situation like that
which occurred in EPA's FY 2006 Section 106 appropriation process. The
President's FY 2006 budget specifically requested an increase in
Section 106 funding for enhanced monitoring activities, particularly
for statistically-valid assessments of water quality nationwide and
strengthening State and interstate monitoring programs. The 2006
Conference Report, which accompanied EPA's 2006 appropriation act,
indicated that a total of $18.5 million should be targeted to support
enhanced monitoring efforts. EPA determined that if this amount were
included in the general State and interstate allotment formulae, only a
small number of States and interstates would actually receive an
increase for this purpose while the majority of States would not
receive a sufficient increase to strengthen their water quality
monitoring activities through implementation of their monitoring
strategies. As a result, EPA is amending 40 CFR 35.162 to provide the
Agency with the authority to allot separately those CWA Section 106
funds which are targeted to specific water pollution control elements,
as determined by EPA based on a review of the President's budget,
Conference Reports, and/or appropriation acts. In developing this
allotment formula, EPA will consult with the States and interstate
agencies in determining the most appropriate mechanism to implement the
alternative allocation formula, based on the extent of pollution. EPA
intends to exercise its discretion and use this alternate allotment
formula only in situations where the appropriations process has
indicated that funds should be used for a specific purpose. The
remaining Section 106 funds will continue to be allotted in accordance
with applicable allotment formulae used by the Agency.

III. Additional Supplementary Information

    This action announces EPA's amendment of 40 CFR 35.162 by adding
section (d).

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.) or sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
This action does not have Tribal implications, as specified in
Executive Order 13175 (63 FR 67249, November 9, 2000). This action will
not have federalism implications, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action is not subject to Executive
Order 13211, ``Actions Concerning Regulations that Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866. This action does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take affect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Since this final grant action contains legally binding
requirements, it is subject to the Congressional Review Act, and EPA
will submit this action in its report to Congress under the Act.

List of Subjects in 40 CFR Part 35

    Environmental protection, Grant programs-environmental protection,
Water pollution control.

    Dated: December 23, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.

0
For the reasons stated in the preamble, title 40, chapter 1 of the Code
of Federal Regulations is amended as follows:

PART 35--[AMENDED]

0
1. The authority for citation for Part 35, Subpart A continues to read
as follows:

    Authority: 42 U.S.C. 7401 et seq; 33 U.S.C. 1251 et seq; 42
U.S.C. 300f et seq; 42 U.S.C. 6901 et seq; 7 U.S.C. 136 et seq; 15
U.S.C. 2601 et seq; 42 U.S.C. 13101 et seq; Pub. L 104-134, 110
Stat. 1321, 1321-299 (1966); Pub.L. 105-65, 111 Stat. 1344, 1373
(1997).

Subpart A--[Amended]

0
2. Section 35.162 is amended by adding paragraph (d) to read as
follows:

Sec.  35.162  Basis for allotment.

* * * * *
    (d) Alternative allotment formula. Notwithstanding paragraphs (b)
and (c) of this section, if the Administrator determines that a portion
of the funds appropriated under the Water Pollution Control grant
program should be allotted for specific water pollution control
elements, the Administrator may allot those funds to States and
interstate agencies in accordance with a formula determined by him
after consultation with the respective States and interstate agencies.
The Administrator will make this determination under this paragraph
only if EPA's appropriation process indicates that these funds should
be used for this purpose.

[FR Doc. 05-24688 Filed 12-30-05; 8:45 am]

BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 12, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7896

________________________________________________________________________
________________________________________________________

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

Applicant:  Air Comet S.A.							Date Filed:  February 4, 2004

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail
between Spain and New York, New York.

Date and citation of last action:  Air Comet previously held the
authority described above; that authority expired by its terms on
January 3, 2004 (see Notice of Action Taken, dated January 3, 2003).

Applicant representative:  John N. Romans<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  March 12, 2004

Effective dates of authority granted:  March 12, 2004-March 12, 2005

Basis for approval (bilateral agreement/reciprocity):  Air Transport
Services Agreement between the United States and Spain

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

X Air Comet’s foreign air carrier permit (Order 99-12-9)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

					Attachment

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.


[Federal Register: November 27, 2007 (Volume 72, Number 227)]
[Notices]
[Page 66200-66201]
[DOCID:fr27no07-116]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549

Extension:
    Rule 17a-4(b)(11); SEC File No. 270-449; OMB Control No. 3235-
0506

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. Sec. 3501 et seq.), the Securities and Exchange
Commission

(``Commission'') has submitted to the Office of Management and Budget
(``OMB'') a request for extension of the previously approved collection
of information discussed below.
    Rule 17a-4(b)(11) (17 CFR 240.17a-4(b)(11)) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) describes the record
preservation requirements for those records required to be kept
pursuant to Rule 17a-3(a)(16), including how such records should be
kept and for how long, to be used in monitoring compliance with the
Commission's financial responsibility program and antifraud and
antimanipulative rules as well as other rules and regulations of the
Commission and the self-regulatory organizations. It is estimated that
approximately 105 active broker-dealer respondents registered with the
Commission incur an average burden of 315 hours per year (105
respondents multiplied by 3 burden hours per respondent equals 315
total burden hours) to comply with this rule.
    Under Rule 17a-4(a)(11) broker-dealers are required to retain
records for a period of not less than three years. Compliance with the
rule is mandatory. The required records are available only to the
examination staff of the Commission and the self-regulatory
organization of which the broker-dealer is a member. An agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid control
number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief

Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 30
days of this notice.

    Dated: November 19, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-22978 Filed 11-26-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 213 (Friday, November 2, 2012)]
[Notices]
[Pages 66207-66209]
[FR Doc No: 2012-26859]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68117; File No. SR-NYSEMKT-2012-51]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Sections 140
and 141 of the NYSE MKT LLC Company Guide To Amend Annual Fees and
Certain Other Listing Fees Included Therein and To Make Technical and
Conforming Changes

October 26, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on October 16, 2012, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend certain of the fees included in the
NYSE MKT Company Guide and to make technical and conforming changes.
The text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Sections 140 and 141 of its Company
Guide to amend certain of the fees included therein and to make
technical and conforming changes. The Exchange proposes to immediately
reflect the proposed changes in the Company Guide, but not to implement
the proposed changes until January 1, 2013.\3\
---------------------------------------------------------------------------

    \3\ The Exchange has proposed changes to the Company Guide, as
reflected in Exhibit 5 attached hereto, in a manner that would
permit readers of the Company Guide to identify the changes that
would be implemented on January 1, 2013.
---------------------------------------------------------------------------

    The Exchange proposes to amend Section 140 of its Company Guide,
which provides for Original Listing Fees. The Exchange proposes to
increase the Original Listing Fee charged in connection with the
listing of new shares of common stock or common stock equivalents,
including securities issued by non-U.S. companies, for issuers with
outstanding shares in excess of 15,000,000. The Original Listing Fee
for such issuers would increase from $70,000 to $75,000.
    The Exchange also proposes to amend Section 141 of its Company
Guide to increase its Annual Fees for stock issues as follows:
    (i) for issuers with 50,000,000 shares outstanding or less, the
Annual Fee would be increased by $2,500 (or 9.1%), from $27,500 to
$30,000;
    (ii) for issuers with 50,000,001 to 75,000,000 shares outstanding,
the

Annual Fee would be increased by $3,500 (or 9.6%), from $36,500 to
$40,000; and
    (iii) for issuers with shares outstanding in excess of 75,000,000,
the Annual Fee would be increased by $5,000 (or 12.5%), from $40,000 to
$45,000.
    The Exchange also proposes certain non-substantive changes.
Specifically, the Exchange proposes to remove the asterisks and
accompanying text that states that the Annual Fees are applicable as of
January 1, 2010 because this text is obsolete and unnecessary.
    The proposed changes to the Company Guide are intended to increase
the overall revenue that the Exchange collects relating to listings
from the issuers described above and to add clarity to the Company
Guide. The Exchange's Original Listing Fees and Annual Fees have not
been increased since 2009.\4\ The increased revenue will help to offset
the costs related to such listings and the resulting value that such
listings provide to the issuers. The Exchange's costs related to
listings include, but are not limited to, rulemaking initiatives,
listing administration processes, issuer services, and administration
of other regulatory functions related to listing. The proposed change
is not otherwise intended to address any other problem, and the
Exchange is not aware of any significant problem that the affected
issuers would have in complying with the proposed change.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59560 (Mar. 11,
2009), 74 FR 11392 (Mar. 17, 2009) (SR-NYSEALTR-2009-02).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\5\ in general, and furthers the objectives of Section 6(b)(4)
of the Act,\6\ in particular, because it provides for the equitable
allocation of reasonable dues, fees, and other charges among its
members, issuers, and other persons using its facilities and does not
unfairly discriminate between customers, issuers, brokers, or
dealers.\7\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ The Commission notes that Section 6(b)(5) of the Act
contains the provision that states rules of an exchange ``are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.'' See 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that amending Section 140 of the Company
Guide to increase the Original Listing Fee for issuers with outstanding
shares in excess of 15,000,000 and amending Section 141 of the Company
Guide to increase the Annual Fees is reasonable because the resulting
fees would help to offset the Exchange's costs related to listings. The
fee increases also would reflect the value that listings provide to the
issuers, and the Exchange does not believe the increases to be
material. In this regard, the Exchange notes that it has not recently
increased these fees, but continually enhances and upgrades the level
of service it provides in the listings area, including with respect to
technology, compliance, and other regulatory matters related to
listings.\8\ The Exchange's costs with respect to listings include, but
are not limited to, rulemaking initiatives, listing administration
processes, issuer services, and administration of other regulatory
functions related to listing. The Exchange believes that the proposed
changes are reasonable because the increased fees would be used by the
Exchange to offset, in part, these costs. As such, the Exchange
believes that the proposed fee changes would have no negative impact on
its ability to continue to adequately fund its regulatory program or
the services the Exchange provides to issuers. In addition, the
Exchange believes that the proposed fee increases are reasonable
because the Exchange's Original Listing Fees and Annual Fees would
still remain lower than a listing tier on at least one other
exchange.\9\
---------------------------------------------------------------------------

    \8\ See supra note 4.
    \9\ For example, the entry fees for NASDAQ Global Market range
from $125,000 to $225,000, and the annual fees range from $35,000 to
$99,500. See NASDAQ Rules 5910(a)(1) and 5910(c)(1).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed Original Listing Fee
increase for issuers with outstanding shares in excess of 15,000,000 is
equitable and not unfairly discriminatory because the Exchange wants to
continue to incentivize small and large issuers that are qualified to
list on the Exchange to do so, and not raising the Original Listing
Fees for smaller issuers will help maintain that incentive, as such
issuers generally are more cost-conscious. The Exchange does not
believe the proposed increase in the Original Listing Fee for issuers
with outstanding shares in excess of 15,000,000 will be a disincentive
to list on the Exchange or unfairly discriminatory because it is the
same as the entry fee charged by another national securities exchange
for such issuers.\10\ As such, this fee increase would allow the
Exchange to remain competitive with other exchanges.
---------------------------------------------------------------------------

    \10\ See NASDAQ Rule 5920(a)(1). NASDAQ and other exchanges also
have differential entry fees based on total shares outstanding. For
example, the listing fees for the New York Stock Exchange LLC
(``NYSE'') increase as the total number of shares outstanding at
time of listing increases. See NYSE Listed Company Manual, Section
902.03.
---------------------------------------------------------------------------

    The Exchange believes that the proposed increases in Annual Fees
also are equitably allocated and not unfairly discriminatory because
all issuers will pay an increased amount in a narrow range of $2,500-
$5,000 (or 9.1% to 12.5%) based on total shares outstanding.\11\ By way
of comparison, another exchange's last annual fee increase ranged from
0% to 16.7% across its various tiers based on total shares
outstanding.\12\ The Exchange believes that having slightly higher
Annual Fee increases for issuers with more shares outstanding and a
slightly higher fee increase in this instance is equitable and not
unfairly discriminatory because such issuers generally have a larger
number of shareholders that benefit from the liquidity and transparency
that the continued listing offers.
---------------------------------------------------------------------------

    \11\ Like NYSE MKT, other exchanges also have differential
annual fees based on shares outstanding. See NASDAQ Rule 5910(c);
NYSE Listed Company Manual, Section 902.03; and NYSE Arca Equities,
Inc. Schedule of Fees and Charges for Exchange Services, available
at www.nyse.com/pdfs/NYSEArca_Listing_Fees.pdf.
    \12\ See Securities Exchange Act Release No. 61669 (Mar. 5,
2010), 75 FR 11958 (Mar. 12, 2010) (SR-NASDAQ-2009-081). The
Exchange further notes that NASDAQ Rules 5910(c)(2), 5910(d)(5), and
5920(c)(4) provide NASDAQ with the discretion to waive all or part
of the annual listing fees.
---------------------------------------------------------------------------

    The Exchange believes its tiered fee structure, with issuers with
more total shares outstanding paying relatively higher Original Listing
Fees and Annual Fees, is equitable and not unfairly discriminatory.
Total shares outstanding provides a simple, objective, and efficient
metric to take into account the relative size of issuers so that the
Exchange can continue to incentivize listing by both large and small
qualified companies; other exchanges also use such a metric.\13\ Total
shares outstanding also is a metric within each issuer's control that
provides predictability with respect to fees and does not subject such
fees to the volatility of the market or other market or general
economic events outside the issuer's control (e.g., the average number
of shares traded per day).
---------------------------------------------------------------------------

    \13\ See supra notes 10 and 11.
---------------------------------------------------------------------------

    The Exchange further notes that it operates in a highly competitive
market in which issuers can readily favor competing venues. In such an
environment, the Exchange must continually review, and consider
adjusting, its fees and services to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed

rule change reflects this competitive environment.
    Additionally, the Exchange believes that the non-substantive
changes that are proposed, which are technical and conforming changes,
are reasonable because they will result in the removal of unnecessary
and obsolete text from the Company Guide. These changes are also
equitable and not unfairly discriminatory because they will benefit all
issuers and all other readers of the Company Guide.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE MKT.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. 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 SR-NYSEMKT-2012-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2012-51. 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 proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change 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 Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between 10:00
a.m. and 3:00 p.m. Copies of the filing will also be available for
inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. 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 SR-NYSEMKT-2012-51 and should be submitted on or before
November 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-26859 Filed 11-1-12; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on March 7, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13814

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

Applicant:	I.M.P. GROUP LIMITED c.o.b.a. CANJET AIRLINES,			Date Filed:
November 30, 2005

			A DIVISION OF I.M.P. GROUP LIMITED

Relief requested: Renewal of exemption from 49 U.S.C. § 41301 to
conduct 1) scheduled foreign air transportation of persons, property,
and mail between any point or points in Canada and any point or points
in the United States; and 2) charter foreign air transportation of
persons, property, and mail between Canada and the United States, and
other charters in accordance with 14CFR Part 212.  The applicant
requests that the authority be granted for a two-year term.

If renewal, date and citation of last action:  December 14, 2004, in
this Docket.

Applicant representative: Nathaniel P. Breed, Jr.<PHONE_NUMBER>    DOT
Analyst: Tretha Chromey<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved in part (one-year grant), remainder (request for
longer-term authority) dismissed. (See remarks below.

Action date:  March 7, 2006

Effective dates of authority granted:		March 7, 2006- March 7, 2007

Basis for approval (bilateral agreement/reciprocity): United
States-Canada Air Transport Agreement

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

X	Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:  The one-year
duration of the authority we granted is consistent with our usual policy
of granting exemption authority in the circumstances presented.  We,
therefore, dismissed the application to the extent that it sought
authority for a longer period.

Action taken by:	Paul L. Gretch, Director, Office of International
Aviation

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp  FOREIGN CARRIER
EXEMPTION CONDITIONS											ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be
sold漠⁲瑯敨睲獩牴湡晳牥敲楷桴畯⁴硥汰捩瑩䐠
灥牡浴湥⁴灡牰癯污甠摮牥吠瑩敬㐠‹景琠敨唠匮潃
敤മ〠⼵〲㐰̍഍ഄ̍഍ഄ


[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71014-71015]
[FR Doc No: 2011-29547]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-12-000]

ANR Pipeline Company; Notice of Request Under Blanket
Authorization

    Take notice that on November 1, 2011, ANR Pipeline Company (ANR),
717 Texas Street, Houston, Texas 77002, filed in Docket No. CP12-12-
000, a prior notice request pursuant to sections 157.205 and 157.214 of
the Federal Energy Regulatory Commission's regulations under the
Natural Gas Act for authorization to increase the maximum inventory
level of natural gas stored and working storage capacity at its Cold
Springs 1 (CS1) storage field located in Kalkaska County, Michigan.
Specifically, ANR proposes to increase the maximum inventory level of
natural gas stored from 19.2 Bcf to 19.83 Bcf and working storage
capacity from 14.7 Bcf to 15.33 Bcf at its CS1 storage field. ANR
states the increased capacity will be offered to customers on a firm
and/or interruptible basis, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this Application should be directed to M.
Catharine Davis, Vice President U.S. Pipelines Law, ANR Pipeline
Company, 717 Texas Street, Suite 2400, Houston, Texas, 77002, or call
(832) 320-5509, or

fax<PHONE_NUMBER>, or by email<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with he Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Dated: November 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29547 Filed 11-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63656-63657]
[FR Doc No: 2018-26778]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1990]

Su-Chiao Kuo: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring Dr.
Su-Chiao Kuo for a period of 3 years from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Dr. Kuo was
convicted of a misdemeanor under the FD&C Act for causing the
introduction or delivery for introduction into interstate commerce of
prescription drugs that were misbranded. In addition, FDA has
determined that the type of conduct that served as the basis for the
conviction undermines the process for the regulation of drugs. Dr. Kuo
was given notice of the proposed

debarment and an opportunity to request a hearing within the timeframe
prescribed by regulation. Dr. Kuo failed to request a hearing. Dr.
Kuo's failure to request a hearing constitutes a waiver of her right to
a hearing concerning this action.

DATES: This order is applicable December 11, 2018.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Enforcement,
Food and Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857,
301-796-4640.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C.
335a(b)(2)(B)(i)(I)) permits debarment of an individual if FDA finds
that the individual has been convicted of a misdemeanor under Federal
law for conduct relating to the regulation of drug products under the
FD&C Act, and if FDA finds that the type of conduct that served as the
basis for the conviction undermines the process for the regulation of
drugs.
    On January 14, 2014, in the United States District Court for the
Northern District of Ohio, judgment was entered against Dr. Kuo after
she entered a plea of guilty to one count of misbranding, in violation
of section 301(a) of the FD&C Act (21 U.S.C. 331(a)), which is a
misdemeanor offense under section 303(a)(1) of the FD&C Act (21 U.S.C.
333(a)(1)).
    FDA's finding that debarment is appropriate is based on the
misdemeanor conviction referenced herein. The factual basis for this
conviction is as follows: Between June 22, 2005, and November 18, 2008,
Dr. Kuo was a physician (oncologist) in Ohio. During this time, Dr. Kuo
purchased and received oncology drugs, including TAXOTERE (docetaxel)
and ZOMETA (zoledronic acid), from a drug distributor located in
Canada. These new drugs originated outside the United States and were
not approved by FDA for introduction or delivery for introduction into
interstate commerce in the United States. Thus, Dr. Kuo caused the
introduction or delivery for introduction into interstate commerce of
prescription drugs that were misbranded for lacking adequate directions
for use in their labeling.
    As a result of this conviction, on July 13, 2018, FDA sent Dr. Kuo
a notice by certified mail proposing to debar her for 3 years from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding
under section 306(b)(2)(B)(i)(I) of the FD&C Act that Dr. Kuo was
convicted of a misdemeanor under Federal law for conduct relating to
the regulation of drug products under the FD&C Act, and that the type
of conduct that served as the basis for the conviction undermines the
process for the regulation of drugs.
    The proposal offered Dr. Kuo an opportunity to request a hearing,
provided her 30 days from the date of receipt of the letter in which to
file the request, and advised her that failure to request a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Dr. Kuo received the proposal on
July 23, 2018. Dr. Kuo did not request a hearing within the timeframe
prescribed by regulation and has, therefore, waived her opportunity for
a hearing and has waived any contentions concerning her debarment (21
CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement and Import
Operations, Office of Regulatory Affairs, under section
306(b)(2)(B)(i)(I) of the FD&C Act, under authority delegated to the
Director (Staff Manual Guide 1410.35), finds that Dr. Su-Chiao Kuo has
been convicted of a misdemeanor under Federal law for conduct relating
to the regulation of drug products under the FD&C Act and that the type
of conduct that served as the basis for the conviction undermines the
process for the regulation of drugs.
    As a result of the foregoing findings and in consideration of the
factors described in section 306(c)(3) of the FD&C Act, Dr. Su-Chiao
Kuo is debarred for 3 years from providing services in any capacity to
a person with an approved or pending drug product application under
sections 505, 512, or 802 of the FD&C Act (21 U.S.C. 355, 360b, or
382), or under section 351 of the Public Health Service Act (42 U.S.C.
262), effective (see DATES) (see sections 306(c)(1)(B), (c)(3), and
201(dd) (21 U.S.C. 321(dd)) of the FD&C Act). Any person with an
approved or pending drug product application who knowingly employs or
retains as a consultant or contractor, or otherwise uses the services
of Dr. Kuo in any capacity during her debarment, will be subject to
civil money penalties (section 307(a)(6) of the FD&C Act (21 U.S.C.
335b(a)(6)). If Dr. Kuo provides services in any capacity to a person
with an approved or pending drug product application during her period
of debarment, she will be subject to civil money penalties (section
307(a)(7) of the FD&C Act). In addition, FDA will not accept or review
any abbreviated new drug applications submitted by or with the
assistance of Dr. Kuo during her period of debarment (section
306(c)(1)(B) of the FD&C Act).
    Any application by Dr. Kuo for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2018-N-1990 and sent to the Dockets Management Staff (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: December 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26778 Filed 12-10-18; 8:45 am]
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[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4166-4167]
[FR Doc No: 2014-01412]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0056]

Biofilms, Medical Devices, and Anti-Biofilm Technology--
Challenges and Opportunities; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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    The Food and Drug Administration (FDA) is announcing the following
public workshop entitled ``Biofilms, Medical Devices, and Anti-Biofilm
Technology--Challenges and Opportunities.'' FDA is cosponsoring this
workshop with the Center for Biofilm Engineering of Montana State
University. The purpose of the public workshop is to initiate dialogue
between academia, industry, and U.S. Government scientists on the
science of developing products to address biofilm formation. Topics of
discussion include current scientific and medical research on biofilms,
their impact on medical devices, and biofilm prevention strategies and
their public health impact.

DATES: The public workshop will be held on February 20, 2014, from 8
a.m. to 5 p.m.

ADDRESSES: The public workshop will be held at FDA's White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(rm. 1503A), Silver Spring, MD 20993-0002. Entrance for the public
workshop participants (non-FDA employees) is through Building 1 where
routine security check procedures will be performed. For parking and
security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

FOR FURTHER INFORMATION CONTACT: Geetha Jayan, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 3622, Silver Spring, MD 20903-0002,<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Registration: Registration is free and available on a first-come,
first-served basis. Persons interested in attending this public
workshop must register online by 5 p.m. February 7, 2014. Early
registration is recommended because facilities are limited and,
therefore, FDA may limit the number of participants from each
organization. If time and space permit, onsite registration on the day
of the public workshop will be provided beginning at 7 a.m.
    If you need special accommodations due to a disability, please
contact Susan Monahan, (email<EMAIL_ADDRESS>or phone: 301-
796-5661) no later than February 7, 2014.
    To register for the public workshop, please visit FDA's Medical
Devices News & Events--Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.
(Select this public workshop from the posted events list.) Please
provide complete contact information for each attendee, including name,
title, affiliation, email, and telephone number. Those without Internet
access should contact Susan Monahan to register. Registrants will
receive confirmation after they have been accepted. You will be
notified if you are on a waiting list.
    Streaming Webcast of the Public Workshop: This public workshop will
also be Webcast. Persons interested in viewing the Webcast must
register online by 5 p.m. (EST) on February 6, 2014. Early registration
is recommended because Webcast connections are limited. Organizations
are requested to register all participants, but to view using one
connection per location. Webcast participants will be sent technical
system requirements after registration and will be sent connection
access information after February 14, 2014. If you have never attended
a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get
a quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. (FDA has verified the Web site
addresses in this document, but FDA is not responsible for any
subsequent changes to the Web sites after this document publishes in
the Federal Register.)
    Comments: FDA is holding this public workshop to obtain information
on biofilms and anti-biofilm technology on medical devices. In order to
permit the widest possible opportunity to obtain public comment, FDA is
soliciting either electronic or written comments on all aspects of the
public workshop topics. The deadline for submitting comments related to
this public workshop is March 20, 2014.
    Regardless of attendance at the public workshop, interested persons
may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. It is only necessary to send one set of
comments. Identify comments with the docket number found in brackets in
the heading of this document. In addition, when responding to specific
questions as outlined in section II, please identify the question you
are addressing. Received comments may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday and
will be posted to the docket at http://www.regulations.gov.
    Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov. It may
be viewed at the Division of Dockets Management (see Comments). A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to the Division of Freedom of Information (ELEM-1029),
Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857. A link to the transcripts will also be available

approximately 45 days after the public workshop on the Internet at
http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).

I. Background

    Biofilms play a key role in the development of device-related and
other healthcare associated infections. Published literature indicates
that biofilms are a major culprit in the development of resistant
infections. However, the biochemical and physiochemical characteristics
of biofilms are not widely understood.
    With the increasing use of implanted and indwelling devices,
understanding biofilm development on these devices and factors that
impact biofilm formation is critical. Research on the basic science of
biofilms may provide insight on device-associated biofilms, ultimately
advancing research on technologies that are intended to prevent biofilm
formation.
    This public workshop seeks to share scientific information between
academia, industries interested in developing products to address
biofilm contamination, and U.S. Government scientists.

II. Topics for Discussion at the Public Workshop

    FDA seeks to address and receive comments on the following topics:
    1. Research on biofilms and their public health impact.
    2. Challenges faced by the scientific community, government, and
industry on addressing biofilm contamination of medical devices.
    3. Critical areas of research that will address the scientific and
clinical challenges faced by the stakeholders when developing
technologies that are intended to prevent biofilm formation.
    This public workshop may also form the basis for future discussions
related to novel biofilm prevention technologies that could benefit
U.S. public health.

    Dated: January 17, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-01412 Filed 1-23-14; 8:45 am]
BILLING CODE 4160-01-P