[Federal Register: December 29, 2009 (Volume 74, Number 248)]
[Rules and Regulations]
[Page 68701-68702]
[DOCID:fr29de09-15]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107 and 171

[Docket No. PHMSA-2009-0411]
RIN 2137-AE48

Hazardous Materials: Adjustment of Maximum and Minimum Civil
Penalties

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Final rule.

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SUMMARY: PHMSA is adjusting the maximum and minimum civil penalties for
a knowing violation of the Federal hazardous material transportation
law or a regulation, order, special permit, or approval issued under
that law. The maximum civil penalty is increased to $55,000, and to
$110,000 for a violation that results in death, serious illness, or
severe injury to any person or substantial destruction of property. The
minimum civil penalty is increased to $275, and to $495 for a violation
related to training. These adjustments are required by the Federal
Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt
Collection Improvement Act of 1996.

DATES: Effective Date: This final rule is effective on December 31,
2009.

FOR FURTHER INFORMATION CONTACT: Douglas S. Smith, Office of Hazardous
Materials Enforcement,<PHONE_NUMBER>, or Joseph Solomey, Assistant Chief
Counsel for Hazardous Materials Safety,<PHONE_NUMBER>, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Act), as amended by the Debt Collection
Improvement Act of 1996, requires each Federal agency to periodically
adjust civil penalties it administers to consider the effects of
inflation. The Act is set forth in the note to 28 U.S.C. 2461.
    According to Section 5 of the Act, the maximum and minimum civil
penalties must be increased based on a ``cost-of-living adjustment''
determined by the increase in the Consumer Price Index (CPI-U) for the
month of June of the calendar year preceding the adjustment as compared
to the CPI-U for the month of June of the calendar year in which the
last adjustment was made. The Act also specifies that the amount of the
adjustment must be rounded to the nearest multiple of $5,000, for a
penalty between $10,000 and $100,000, and that the first adjustment to
a civil penalty is limited to 10%. Any increased civil penalty amount
applies only to violations that occur after the date the increase takes
effect.
    Section 7120 of the Hazardous Materials Safety and Security
Reauthorization Act of 2005 (Title VII of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(``SAFETEA-LU,'' Pub. L. 109-59, 119 Stat. 1905)) amended 49 U.S.C.
5123(a) to reset the maximum and minimum civil penalties for a knowing
violation of Federal hazardous material transportation law, 49 U.S.C.
5101 et seq., or a regulation, order, special permit, or approval
issued under that law as follows:

--Maximum civil penalty--$50,000, except that amount may be increased
to $100,000 for a violation that results in death, serious illness, or
severe injury to a person or substantial destruction of property.
--Minimum civil penalty--$250, except that the minimum civil penalty
for a violation related to training is $450.

Because these maximum and minimum civil penalties were reset by
statute, they applied to any violation that occurred on or after August
10, 2005, the date on which SAFETEA-LU became law.
    Under the Act, PHMSA is now required to adjust the maximum and
minimum civil penalties set forth in 49 U.S.C. 5123(a), as amended by
SAFETEA-LU. Because these adjustments are the first adjustment to the
amounts reset in SAFETEA-LU, any increase in the maximum and minimum
civil penalty amounts is limited to 10%.
    Applying the adjustment formula in the Act, PHMSA has compared the
CPI-U in June 2008 (218.815)--the year before the year in which the
adjustment is being made--to the CPI-U in June 2005 (194.5)--the year
in which the maximum and minimum civil penalties were reset in SAFETEA-
LU. This comparison shows that the CPI-U increased by 12.5% during that
period, which is greater than the 10% maximum increase allowed for the
first adjustment. Accordingly, PHMSA is increasing the maximum and
minimum civil penalties by 10%. Because this adjustment and the amount
thereof are mandated by statute, notice of proposed rulemaking is
unnecessary, and there is good cause to make the adjusted maximum and
minimum civil penalties applicable to any violation occurring on or
after January 1, 2010. 5 U.S.C. 553(b), (d).

Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of (1) Federal
hazardous material transportation law, which, at 49 U.S.C. 5123,
provides civil penalties for a knowing violation of that law or a
regulation, order, special permit, or approval issued under that law,
and also (2) the Federal Civil Penalties Inflation Adjustment Act of
1990 (the Act), as amended by the Debt Collection Improvement Act of
1996 (see 28 U.S.C. 2461 note) which requires that maximum and minimum
civil penalties

must be adjusted periodically to consider the effects of inflation.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This rule is not significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11024). The economic impact of this final rule is minimal, and
preparation of a regulatory evaluation is not warranted.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''), and
the President's May 20, 2009 memorandum on ``Preemption'' (74 FR 24693,
May 22, 2009). As amended in 2005, 49 U.S.C. 5125(h) provided that the
preemption provisions in Federal hazardous material transportation law
do ``not apply to any * * * penalty * * * utilized by a State,
political subdivision of a State, or Indian tribe to enforce a
requirement applicable to the transportation of hazardous material.
Accordingly, this final rule does not have any preemptive effect on the
amount or nature of penalties imposed by a State, local, or Indian
tribe for violations of their requirements which are consistent with
requirements in Federal hazardous material transportation law and the
regulations prescribed under that law. Preparation of a federalism
assessment is not warranted.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    I certify that this final rule will not have an significant
economic impact on a substantial number of small entities. This rule
applies to shippers and carriers of hazardous materials and persons who
manufacture, mark, certify or sell packagings, containers, and
packaging components as qualified for use in transporting hazardous
materials in commerce, some of whom are small entities. However, there
is no economic impact on any person who complies with Federal hazardous
material transportation law and the regulations, orders, special
permits, and approvals issued under that law.

F. Paperwork Reduction Act

    There are no new information requirements in this final rule.

G. Environmental Assessment

    There are no significant environmental impacts associated with this
final rule.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in annual
costs of $141.3 million or more to either State, local, or Indian
tribal governments, in the aggregate, or to the private sector, and is
the least burdensome alternative that achieves the objective of the
rule.

I. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70,
pages 19477-78) or online at http://www.dot.gov/privacy.html.

J. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
the spring and fall of each year. The RIN contained in the heading of
this document can be used to cross-reference this action in the Unified
Agenda.

List of Subjects

49 CFR Part 107

    Administrative practices and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous wastes,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

0
In consideration of the foregoing, 49 CFR, Subtitle B, Chapter I is
amended as follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note), Pub. L. 104-134
section 31001.

Sec.  107.329  [Amended]

0
2. In Sec.  107.329(a) and (b), revise the following dollar figures:
0
a. Revise ``$50,000'' to read ``$55,000'' each time it appears.
0
b. Revise ``$250'' to read ``$275'' each time it appears.
0
c. Revise ``$100,000'' to read ``$110,000'' each time it appears.
0
d. Revise ``$450'' to read ``$495'' each time it appears.

Appendix A to Subpart D of Part 107 [Amended]

0
3. In Appendix A to subpart D of part 107, in Part IV under the section
entitled ``Penalty Increases for Multiple Counts'' (Section IV.C.),
revise ``$50,000 or $100,000 for a violation occurring on or after
August 10, 2005'' to read ``$55,000 or $110,000 for a violation
occurring on or after January 1, 2010.''

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 1461 note), Pub. L. 104-134
section 31001.

Sec.  171.1  [Amended]

0
5. In Sec.  171.1(g), revise the following dollar figures:
0
a. Revise ``$50,000'' to read ``$55,000''.
0
b. Revise ``$250'' to read ``$275''.
0
c. Revise ``$100,000'' to read ``$110,000''.
0
d. Revise ``$450'' to read ``$495''.

    Issued in Washington, DC on December 18, 2009, under authority
delegated in 49 CFR part 1.
Cynthia Douglass,
Assistant Administrator/Chief Safety Officer.
[FR Doc. E9-30696 Filed 12-28-09; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Page 22470]
[FR Doc No: 2023-07799]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4672-DR; Docket ID FEMA-2023-0001]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alaska (FEMA-4672-DR), dated September 23, 2022, and
related determinations.

DATES: This change occurred on January 26, 2023.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Yolanda J.
Jackson, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Timothy B. Manner as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-07799 Filed 4-12-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 26, 2006 (Volume 71, Number 207)]
[Notices]
[Page 62631-62632]
[DOCID:fr26oc06-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54633]

Notice of Intention To Cancel Registrations of Certain Transfer
Agents

October 20, 2006.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') intends to issue an order, pursuant to Section
17A(c)(4)(B) of the Securities Exchange Act of 1934 (``Act''),\1\
cancelling the registrations of the transfer agents whose names appear
in the attached Appendix.
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    \1\ 15 U.S.C. 78q-1(c)(4)(B).
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    For Further Information Contact: Jerry W. Carpenter, Assistant
Director, or Catherine Moore, Special Counsel, at<PHONE_NUMBER>,
Division of Market Regulation, Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-6628.

Background

    Section 17A(c)(4)(B) of the Act provides that if the Commission
finds that any transfer agent registered with the Commission is no
longer in existence or has ceased to do business as a transfer agent,
the Commission shall by order cancel that transfer agent's
registration. Accordingly, at any time after November 27, 2006, the
Commission intends to issue an order cancelling the registrations of
the transfer agents listed in the Appendix.
    The Commission has made efforts to locate and to determine the
status of

each of the transfer agents listed in the Appendix. In some cases, the
Commission was unable to locate the transfer agent, and in other cases,
the Commission learned that the transfer agent had ceased doing
business as a transfer agent. Therefore, based on the facts it has, the
Commission believes that the transfer agents listed in the Appendix are
no longer in existence or have ceased doing business as transfer
agents.
    Any transfer agent listed in the Appendix that believes its
registration should not be cancelled must notify the Commission in
writing prior to November 27, 2006. Written notifications may be mailed
to: Catherine Moore, Division of Market Regulation, Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20459-6628.
Written notifications may also be e-mailed to<EMAIL_ADDRESS>to the
attention of Catherine Moore, with the phrase ``Notice of Intention to
Cancel Transfer Agent Registration'' in the subject line.
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    \2\ 17 CFR 200.30-3(a)(22).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\2\
Nancy M. Morris,
Secretary.

Appendix

------------------------------------------------------------------------
          Registration No.                           Name
------------------------------------------------------------------------
84-0019.............................  LG & E Energy Corp.
84-0548.............................  American Bancservices Inc.
84-0711.............................  Niagara Mohawk Power Corp.
84-0904.............................  Pfizer Inc.
84-1257.............................  BNY Clearing Services LLC.
84-1663.............................  Merrill Lynch Investment Partners
                                       Inc.
84-1735.............................  Alpha Tech Stock Transfer Trust.
84-1737.............................  Declaration Service Company.
84-1828.............................  Consumers Financial Corp.
84-1923.............................  WOC Stock Transfer Company, Inc.
84-5494.............................  Metropolitan Mortgage and
                                       Securities Co., Inc.
84-5550.............................  Cinergy Service, Inc.
84-5606.............................  Sunstates Corporation.
84-5647.............................  Penn Street Advisors, Inc.
84-5694.............................  Khan Funds.
84-5720.............................  Bulto Transfer Agency, Limited
                                       Liability Company.
84-5727.............................  Impact Administrative Service,
                                       Inc.
84-5754.............................  Alpine Fiduciary Services, Inc.
84-5755.............................  River Oaks Partnership Services,
                                       Inc.
84-5756.............................  IDM Corporation.
84-5773.............................  RVM Industries, Inc.
84-5812.............................  Stock Transfer of America, Inc.
84-5816.............................  Wasatch Stock Transfer, Inc.
84-5820.............................  Gerdine & Associates.
84-5826.............................  Lewis, Corey L.
84-5847.............................  Financial Strategies, LLC.
84-5872.............................  D-Lanz Development Group, Inc.
84-5873.............................  CBIZ Retirement Services, Inc.
84-5885.............................  Sovereign Depository Corporation.
84-5897.............................  Newport Stock Transfer Agency,
                                       Inc.
84-5899.............................  U.S. Corporate Support Services,
                                       Inc.
84-5912.............................  Femis Kerger & Company Transfer
                                       Agent & Registrar.
84-6019.............................  Touch America.
84-6032.............................  Merge Media, Inc.
84-6034.............................  Chapman Capital Management, Inc.
84-6039.............................  First Financial Escrow & Transfer,
                                       Inc.
84-6045.............................  Pharmacy Buying Association, Inc.
84-6059.............................  Street Transfer & Registrar
                                       Agency.
84-6077.............................  Brown Brothers Harriman & Co.
84-6092.............................  Brookhill Stock Transfer Business
                                       Trust.
84-6097.............................  Certified Water Systems, Inc.
84-6101.............................  Lauries Happy Thoughts, Inc.
84-6126.............................  Fidelity Custodian Services, Inc.
84-6131.............................  Carolyn Plant.
84-6157.............................  Encompass Corporate Services.
------------------------------------------------------------------------

[FR Doc. E6-17928 Filed 10-25-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Proposed Rules]
[Pages 66877-66881]
[FR Doc No: 2016-22798]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR part 91

[Docket No.: FAA-2016-9154; Notice No. 16-05]
RIN 2120-AK88

Incorporation by Reference of ICAO Annex 2; Removal of Outdated
North Atlantic Minimum Navigation Performance Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This rulemaking proposes to harmonize the FAA's regulations
regarding the North Atlantic (NAT) Minimum Navigation Performance
Specifications (MNPS) with those of the International Civil Aviation
Organization (ICAO). ICAO's NAT Region is transitioning from the
decades-old MNPS navigation specification to a more modern,
Performance-Based Navigation (PBN) specification. This proposed rule
would also correct and update the incorporation by reference of ICAO
Annex 2 in the FAA's regulations.

DATES: Send comments on or before October 31, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9154
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 Kevin C. Kelley, Flight Technologies Division,
Performance Based Flight Systems Branch, AFS-470, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA is responsible for the safety of flight in the U.S. and for
the safety of U.S. civil operators, U.S.-registered civil aircraft, and
U.S.-certificated airmen throughout the world. The FAA's authority to
issue rules on aviation safety is found in title 49 United States Code
(U.S.C.). Subtitle I, section 106(f), describes the authority of the
FAA Administrator. Subtitle VII of title 49, Aviation Programs,
describes in more detail the scope of the agency's authority. Section
40101(d)(1) provides that the Administrator shall consider in the
public interest, among other matters, assigning, maintaining, and
enhancing safety and security as the highest priorities in air
commerce. Section 40105(b)(1)(A) requires the Administrator to exercise
his authority consistently with the obligations of the U.S. Government
under international agreements.
    This rulemaking is promulgated under the authority described in
title 49, subtitle VII, part A, subpart III, section 44701, General
requirements. Under that section, the FAA is charged broadly with
promoting safe flight of civil aircraft in air commerce by prescribing,
among other things, regulations and minimum standards for practices,
methods, and procedures that the Administrator finds necessary for
safety in air commerce and national security.
    This rulemaking is also promulgated pursuant to title 49 U.S.C.
40103(b)(1) and (2), which charge the FAA with issuing regulations: (1)
To ensure the safety of aircraft and the efficient use of airspace; and
(2) to govern the flight of aircraft for purposes of navigating,
protecting and identifying aircraft, and protecting individuals and
property on the ground.
    This regulation is within the scope of that authority, because it
amends 14 CFR 91.703 to harmonize and incorporate changes made to
international standards directly applicable in airspace over the high
seas.

I. Executive Summary

    The proposed rule would harmonize FAA regulations with ICAO
standards relevant to the North Atlantic and to airspace over the high
seas. In January 2016, ICAO announced that the NAT Minimum Navigation
Performance Specifications (MNPS) airspace would be renamed NAT High
Level Airspace (HLA) effective February 4, 2016. ICAO further announced
that existing MNPS authorizations by the State of the operator or the
State of registry will expire in January 2020. As a result, operators
in the NAT HLA would no longer be able to use the MNPS for the
navigation of aircraft and would be required to transition to a PBN
specification. Airspace over the high seas (oceans, seas, and waters
outside of sovereign jurisdiction) is governed by ICAO Annex 2. The
FAA's regulatory basis for operational authorizations for the NAT and
for all airspace over the high seas is addressed in 14 CFR 91.703,
which incorporates Annex 2 by reference, and Sec.  91.705, which
provides for NAT MNPS authorizations.
    This proposed rule, if adopted, would remove MNPS from part 91 of
title 14

Code of Federal Regulations (14 CFR) and would not impose any new
requirements.
    Additionally, under this proposal, the FAA is updating the
incorporation by reference (IBR) of ICAO Annex 2 in Sec.  91.703, which
was last updated in 1997. Since that time, ICAO has published thirteen
amendments to Annex 2. This proposal would remove potential ambiguities
about the version of Annex 2 applicable to airspace over the high seas.

Costs and Benefits

    The proposed rule is an administrative harmonization, as it does
not impose any new requirements. If the FAA does not adopt this rule,
ICAO's current transition from the MNPS specification to PBN
specifications for operations in the NAT HLA, will still take place by
2020. Consequently, there are no costs associated with this proposed
rule.

II. Background

International Civil Aviation Organization (ICAO)

    The Chicago Convention was adopted to promote the safe and orderly
development of international civil aviation. The Chicago Convention
also created ICAO, which promulgates uniform international Standards
and Recommended Practices (SARPs) aimed at standardizing international
civil aviation operational practices and services. Currently, these
SARPs are detailed in 19 annexes to the Chicago Convention. Annex 2,
Rules of the Air, is of particular relevance here, as these rules
pertain to airspace over the high seas. Article 12 to the Convention
obligates each Contracting State to adopt measures to ensure that
persons operating an aircraft over the high seas comply with Annex 2.
As a Contracting State, the U.S. has satisfied this responsibility
through 14 CFR part 91, General Operating and Flight Rules, which
requires that U.S.-registered aircraft comply with Annex 2 when over
the high seas (see 14 CFR 91.703). Annex 2, paragraph 5.1.1 provides
that ``Aircraft shall be equipped with suitable instruments and with
navigation equipment appropriate to the route to be flown.''

Transition From Minimum Navigation Performance Specifications (MNPS) to
Performance-Based Navigation (PBN) Specification

    In 1977, ICAO established the Minimum Navigation Performance
Specifications (MNPS) and the corresponding NAT airspace where MNPS
would apply in an effort to address constrained capacity in light of
continued growth of NAT traffic. The following year, the required
lateral separation was safely halved from 120 to 60 nautical miles due
to the enhanced reliability of navigation equipment meeting the MNPS.
This resulted in large capacity and efficiency gains.
    Since the implementation of the MNPS, the 60 nautical mile lateral
separation has remained in place.\1\ In the meantime, more modern PBN
specifications of Area Navigation/Required Navigation Performance 10
(RNAV/RNP 10) and RNP 4, have been introduced, as well as automatic
aircraft datalink systems which provide periodic position reports to
ground stations.
---------------------------------------------------------------------------

    \1\ On December 15, 2015, a trial of Reduced Lateral Separation
Minima began in portions of the North Atlantic, with tracks spaced
at half degrees of latitude, nominally 30 nautical miles apart.
---------------------------------------------------------------------------

    In light of those new developments, and in an effort to again
safely increase capacity and efficiency, ICAO has allowed for
authorizations by the State of the operator or the State of registry
using RNAV 10 and RNP 4 specifications. The FAA has published guidance
explaining RNP operations in FAA Advisory Circular 90-105A, Approval
Guidance for RNP Operations and Barometric Vertical Navigation in the
U.S. National Airspace System and in Oceanic and Remote Continental
Airspace. Also, in a State Letter dated January 5, 2015, and ``NAT OPS
Bulletin 2016_001'' issued January 22, 2016, ICAO announced that NAT
Minimum Navigation Performance Specifications (MNPS) airspace would be
renamed as the NAT High Level Airspace (HLA) effective February 4,
2016.

III. Discussion of the Proposal

Removal of References to the North Atlantic Minimum Navigation
Performance Specifications

    As a result of ICAO renaming the NAT MNPS airspace, the references
to NAT MNPS in the FAA's regulations are outdated. The FAA proposes to
remove all instances of MNPS in 14 CFR part 91. The prescriptive
references to navigational specifications are not necessary since
operators are required to comply with Annex 2, which aligned RNP and
RNAV terminology with the PBN concept in Amendment 41. The FAA issued a
revised Operations Specification (OpSpec B039) for the authorization of
PBN operations in the NAT HLA on June 10, 2016. Two part 121 carriers
are conducting operations in the NAT HLA under revised OpSpec B039 and
the FAA expects other carriers and operators to follow suit.\2\
Existing B039 authorizations remain valid until December 31, 2019.
---------------------------------------------------------------------------

    \2\ Of the more than 10,000 ATC flight plans filed in June 2016
for aircraft transiting the New York Oceanic Flight Information
Region in the North Atlantic, in excess of 98% indicated either RNP
4 or RNAV/RNP 10 capability.
---------------------------------------------------------------------------

Incorporation by Reference Update and Correction

    The FAA also proposes to update and correct the incorporation by
reference to ICAO Annex 2 in Sec.  91.703 to the current version of the
document, as amended through November 10, 2016. Annex 2, including all
amendments through Amendment 32, was incorporated by reference into
Sec.  91.703 effective April 9, 1997 (62 FR 17480, Apr. 9, 1997). Since
then, 13 amendments to Annex 2 have been published (see Table 1).

 Table 1--Amendments to ICAO Annex 2 Since Last IBR Into 14 CFR Part 91
------------------------------------------------------------------------
           Amendment                    Subject            Applicable
------------------------------------------------------------------------
33............................  Communication failure   16 November
                                 procedures.             1997.
34............................  Definitions; automatic  5 November 1998.
                                 dependent
                                 surveillance systems
                                 and procedures; data
                                 interchange between
                                 automated ATS
                                 systems; ATS
                                 applications for air-
                                 ground data links;
                                 problematic use of
                                 psychoactive
                                 substances.
35............................  ATS airspace            4 November 1999.
                                 classifications;
                                 visual meteorological
                                 conditions clearance;
                                 runway-holding
                                 position.
36............................  Revised definitions of  1 November 2001.
                                 ``air traffic control
                                 unit'', ``approach
                                 control unit'',
                                 ``alternate
                                 aerodrome'' ``flight
                                 crew member'',
                                 ``pilot-in-command''
                                 and ``visibility'';
                                 editorial amendments.
37............................  Pilot procedures in     28 February
                                 the event of unlawful   2003.
                                 interference;
                                 editorial amendments.

38............................  Definitions;            24 November
                                 marshalling signals;    2005.
                                 communication failure
                                 procedures;
                                 interception
                                 maneuvers; editorial
                                 amendments.
39............................  Restructuring of text   23 November
                                 to emphasize the        2006.
                                 responsibility of the
                                 pilot-in-command for
                                 the avoidance of
                                 collisions.
40............................  Definitions and         22 November
                                 associated procedures   2007.
                                 for ADS-B, ADS-C and
                                 ADS-C agreement;
                                 pilot procedures in
                                 the event of unlawful
                                 interference.
41............................  Amendment to a          20 November
                                 definition and          2008.
                                 Standard to align
                                 required navigation
                                 performance (RNP) and
                                 area navigation
                                 (RNAV) terminology
                                 with the performance-
                                 based navigation
                                 (PBN) concept.
42............................  Amendments to standard  19 November
                                 emergency hand          2009.
                                 signals for emergency
                                 communications
                                 between aircraft
                                 rescue and
                                 firefighting
                                 personnel and flight
                                 and/or cabin crews;
                                 and harmonization of
                                 cruising levels.
43............................  Amendment to            15 November
                                 definitions; speed      2012.
                                 variations; and
                                 remotely piloted
                                 aircraft.
44............................  Definitions related to  13 November
                                 instrument approach     2014.
                                 operations.
45............................  Speed variation         10 November
                                 procedures.             2016.
------------------------------------------------------------------------

    In accordance with a process described in FAA Order JO 7000.6A,
Identification and Notification of Differences Between ATO Products and
Services and ICAO Documents, the FAA has examined each of the
Amendments to Annex 2 listed in Table 1. Differences are published in
the GEN 1.7 section of the current United States Aeronautical
Information Publication (AIP). The differences listed in the AIP for
Annex 2 are minor in nature, generally apply to operations within the
United States and have no relation to the Annex 2 requirement for
aircraft to be operated over the high seas with navigation equipment
appropriate to the route to be flown.\3\
---------------------------------------------------------------------------

    \3\ For a complete and current listing of the differences, see
the United States Aeronautical Information Manual, Section GEN 1.7,
found at: http://www.faa.gov/air_traffic/publications/media/AIP.pdf.
---------------------------------------------------------------------------

    The FAA notes that the current IBR of Annex 2 does not include the
proper language conveying approval of the Director of the Federal
Register and proposes to update the IBR of Annex 2 to reflect the
Director of the Federal Register's approval as reflected in the
proposed regulatory text.
    Annex 2 is available through the International Civil Aviation
Organization (ICAO), Document Sales Unit, 999 University Street,
Montreal, Quebec H3C 5H7, Canada. Also, you will be able obtain this
document on the Internet at http://www.ICAO.int/eshop/index.cfm. It
will also be available for inspection at the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    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.
    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 to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this rule. The reasoning for
this determination follows. This rulemaking would harmonize the FAA's
regulations regarding the NAT MNPS with those of ICAO. ICAO's NAT
Region is transitioning from the decades-old ``MNPS'' navigation
specification to a more modern PBN specification. The FAA also intends
to update the incorporation by reference of ICAO Annex 2 in Sec.
91.703. This proposed action, if adopted, would remove all references
to MNPS under 14 CFR part 91 and would not impose any new requirements.
    Flights in international airspace must follow ICAO standards in
that airspace. United States operators have historically complied with
provisions relevant to airspace over the high seas in Annex 2.
Accordingly, as operators are already complying with ICAO's provisions
relevant to operations over the high seas, the FAA believes the
proposed rule incorporating the current version of ICAO Annex 2 would
impose minimal cost. The FAA requests comments on this determination.
    The FAA has, therefore, determined that this rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act 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 is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    Even though there are substantial numbers of small entities
operating aircraft across international waters, this proposed rule
would not impose a significant economic impact. Flights in
international airspace must follow ICAO standards in that airspace.
Currently, United States operators must comply with Annex 2 when
operating over the high seas. This proposed rule harmonizes FAA
regulations to be in accord with new ICAO rules effective in airspace
over the high seas and imposes no new regulations. Accordingly, no
affected entity incurs new costs. Thus the FAA expects this proposed
rule would not impose a significant economic impact on a substantial
number of small entities. The FAA asks for comment on this
determination.
    Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking would not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

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

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This 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 would be no new requirement for information collection associated
with this proposed rule.

F. International Compatibility

    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 differences with the current version of
Annex 2 (through Amendment 45). These differences, as prescribed in
ICAO Annex 15, have been published in the United States Aeronautical
Information Publication (AIP), section GEN 1.7. The differences listed
in the AIP for Annex 2 are minor in nature and have no relation to the
Annex 2 requirement for aircraft to be operated with navigation
equipment appropriate to the route to be flown. This is consistent with
the FAA's support of international compatibility and its obligations
under the Convention on International Civil Aviation.

G. Environmental Analysis

    FAA Order 1050.1F 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 5-6.6 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, International Cooperation

    Executive Order (E.O.) 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 reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policy and
agency responsibilities of Executive Order 13609, Promoting
International Regulatory Cooperation. The agency has determined that
this action would not have a significant international impact, but
would remove potential ambiguities about the applicability of ICAO
rules over the high seas.

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.

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 in item
(1).

List of Subjects in 14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen,
Aviation safety, Incorporation by reference.

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 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation (61 Stat. 1180), (126
Stat. 11).

0
2. Amend Sec.  91.703 as follows:
0
a. Amend paragraphs (a)(1) and (3) by capitalizing the ``a'' in
``Annex'';
0
b. Remove the first sentence of paragraph (a)(4); and
0
c. Revise paragraph (b) to read as follows:

Sec.  91.703   Operations of civil aircraft of U.S. registry outside of
the United States.

* * * * *
    (b) Annex 2 to the Convention on International Civil Aviation,
Tenth Edition--July 2005, with Amendments through Amendment 45,
applicable November 10, 2016 is incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, the FAA must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is
available from the International Civil Aviation Organization (ICAO),
Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7,
Canada; http://www.ICAO.int/eshop/index.cfm. It is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

 Sec.  91.705  [Removed]

0
3. Remove Sec.  91.705.

Sec.  91.1027  [Amended]

0
4. Amend Sec.  91.1027(a)(2) by removing ``MNPS,''.

Appendix C to Part 91--[Removed]

0
5. Remove appendix C to part 91.
0
6. Amend appendix G to part 91 by revising paragraph (a)(2) of section
8 to read as follows:

Appendix G to Part 91--Operations in Reduced Vertical Separation
Minimum (RVSM) Airspace

* * * * *

Section 8. Airspace Designation

    (a) * * *
    (2) RVSM may be effective in the High Level Airspace (HLA)
within the NAT. The HLA airspace within the NAT is defined by the
volume of airspace between FL 285 and FL 420 (inclusive) extending
between latitude 27 degrees north and the North Pole, bounded in the
east by the eastern boundaries of control areas Santa Maria Oceanic,
Shanwick Oceanic, and Reykjavik Oceanic and in the west by the
western boundaries of control areas Reykjavik Oceanic, Gander
Oceanic, and New York Oceanic, excluding the areas west of 60
degrees west and south of 38 degrees 30 minutes north.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f),
40101(d)(1), 40103(b)(1), 40105(b)(1)(A), and 44701(a)(5) in
Washington, DC, on September 14, 2016.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2016-22798 Filed 9-28-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices]
[Page 62837-62838]
[DOCID:fr13oc10-66]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0499]

Cooperative Agreement To Support Building Global Capacity for the
Surveillance and Monitoring of Counterfeit/Falsified Medicines and
Supply Chain Threats

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing its
intention to accept and consider a single source application for award
of a cooperative agreement to the World Health Organization (WHO) in
support of building a global surveillance and monitoring system for
combating counterfeit/falsified medicines and risks and breaches in the
supply.

FOR FURTHER INFORMATION AND ADDITIONAL REQUIREMENTS CONTACT: Program
Contact: Deborah Autor, or Ilisa Bernstein, Office of Compliance,
Center for Drugs Evaluation and Research, Food and Drug Administration,
White Oak Bldg. 51, rm. 5270, 10903 New Hampshire Ave., Silver Spring,
MD 20993,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>    Management Contact: Katherine C. Bond, Office of the Commissioner,

White Oak Bldg. 32, rm. 3300, 10903 New Hampshire Ave., Silver Spring,
MD 20993,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    Grants Contact: Kimberly Pendleton, Division of Acquisition and
Grants, Food and Drug Administration, 5630 Fishers Lane (HFA-500), Rm.
2104, Rockville, MD 20857,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    For more information on this funding opportunity announcement (FOA)
and to obtain detailed requirements, please contact Kimberly Pendleton.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

    [RFA-FD-10-008]

    [Catalog of Federal Domestic Assistance Number(s): 93.103
https://www.cfda.gov]

A. Background

    The problem of counterfeit/falsified medicines was first addressed
at the international level in 1985 at the Conference of Experts on the
Rational Use of Drugs in Nairobi. The meeting recommended that the WHO
and relevant stakeholders should study the feasibility of setting up a
clearinghouse to collect data and to inform governments about the
nature and extent of counterfeiting. This project represents a
collaborative agreement between WHO and FDA in building global rapid
alert surveillance/monitoring system(s) for combating counterfeit/
falsified medicines and risks in the supply chain security that will
assist in developing the global landscape and identifying areas of
public health risk, including such challenges and threats as diversion,
intentional adulteration, and the increasing complexity and reduced
transparency of the supply chain due to globalization and limited
regulatory capacity (such as in resource-constrained countries and/or
countries where regulatory infrastructure lack robustness).

B. Research Objectives

     Support WHO technical cooperation with member states to
attain better data and improve data sharing about the public health
risks surrounding counterfeit/falsified medicine and supply chain
security, through the development of surveillance and monitoring
system(s) of counterfeit/falsified medicines and risks in supply chains
and rapid alert system(s).
     This could include a phased-in approach for
implementation, testing and assessment of a system, as well as
subsequent refinements to the system based on assessments the WHO may
consider relevant.
     Support WHO's work internally to identify and possibly
adapt current global surveillance/monitoring systems that may exist in
other programs (e.g., those that the industry uses to collect
information on counterfeit/falsified medicines), as well as other
public health areas (e.g., infectious diseases), and may be relevant in
applicability to a surveillance/monitoring system for counterfeit/
falsified medicines and supply chain integrity.
     Work with member states strategically over time to
establish the necessary processes, protocols and commitment to collect
and contribute data, share/exchange data routinely and consistently,
and use the data emanating from a surveillance and monitoring system
for counterfeit/falsified medicines and supply chain risks in support
of national, sub-regional and global strategies and decision-making to
prevent and address the incidence of counterfeit/falsified medicines
and risks within supply chains in a sustainable and measurable way.
     Recognizing the importance of WHO's Anti-counterfeiting
Programme, support WHO's contribution to the design, development and/or
implementation of a global surveillance/monitoring system to better
address the challenges and risks of counterfeit/falsified medicines and
supply chain integrity.
     Promote development of consistent terminology around
counterfeit/falsified medicines to enable comparable data collection
and analyses; standardized methods for data collection; and a
harmonized approach to data analyses in support of populating and
utilizing a global surveillance/monitoring system for counterfeit/
falsified medicines and supply chain security. Work with Member States
for the implementation of these methods at the country-level to enable
successful and sustainable implementation of a global surveillance/
monitoring system to better address counterfeit/falsified medicines and
supply chain integrity.
     Recognizing that active commitment, participation and
engagement of national medicine regulatory authorities in any WHO
surveillance/monitoring system for counterfeit/falsified drugs is
essential, WHO will need to work with Member States as appropriate, for
implementation, assessment, and refinement of a surveillance/monitoring
system for counterfeit/falsified drugs and supply chain integrity that
is of utility to national medicine regulatory authorities and other
relevant national government stakeholders.
     Promote the development of peer-reviewed published
articles on the growing complexities and threats addressing
counterfeit/falsified medicines and supply chain security with a goal
to initiate dialogue and expand the thinking among policymakers and
experts on ways to address this public health threat with a forward-
look toward sustainable solutions through global collaboration and
evidence-based approaches.

C. Eligibility Information

    The following organizations/institutions are eligible to apply: The
World Health Organization.

II. Award Information/Funds Available

A. Award Amount

    FDA anticipates providing one award of $960,500 (total costs
including indirect costs) in fiscal year (FY) 2010 in support of this
project. Subject to the availability of funds and successful
performance, 3 additional years of support up to $847,500 per year will
be available.

B. Length of Support

    The support will be 1 year with the possibility of an additional
three years of noncompetitive support. Continuation beyond the first
year will be based on satisfactory performance during the preceding
year, receipt of a non-competing continuation application and available
Federal FY appropriations.

    Dated: October 6, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-25687 Filed 10-12-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13113-13114]
[FR Doc No: 2012-5240]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-4304-001.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Amendment to Initial Tariff Filing to be effective 10/
12/2011.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5001.
    Comments Due: 5 p.m. ET 3/16/12.

    Docket Numbers: ER12-1151-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: Two E&P Agreements under PG&E's Transmission Owner
Tariff and Report to be effective 2/24/2012.
    Filed Date: 2/23/12.
    Accession Number: 20120223-5109.
    Comments Due: 5 p.m. ET 3/15/12.

    Docket Numbers: ER12-1152-000.
    Applicants: Bounce Energy PA, LLC.
    Description: Application for Market-Based Rate Authority to be
effective 2/24/2012.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5002.
    Comments Due: 5 p.m. ET 3/16/12.

    Docket Numbers: ER12-1153-000.
    Applicants: Bounce Energy NY, LLC.
    Description: Application for Market-Based Rate Authority to be
effective 2/24/2012.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5003.
    Comments Due: 5 p.m. ET 3/16/12.

    Docket Numbers: ER12-1154-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Revisions to FCM Rules Related to De-List Bids to be
effective 5/1/2012.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5067.
    Comments Due: 5 p.m. ET 3/16/12.

    Docket Numbers: ER12-1155-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: MR 1 Revisions Relating to Coordinated Transaction
Scheduling to be effective 12/31/9998.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5091.
    Comments Due: 5 p.m. ET 3/16/12.

    Docket Numbers: ER12-1156-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: Agreement No. 1852, Niagara Mohawk and Griffiss
Utility Services Corp IA to be effective 1/1/2012.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5092.
    Comments Due: 5 p.m. ET 3/16/12.

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

    Dated: February 24, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-5240 Filed 3-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Page 40813]
[FR Doc No: 2016-14846]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0474]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Morrison Bridge across the
Willamette River, mile 12.8, at Portland, Oregon. The deviation is
necessary to accommodate Multnomah County's replacement of the bridge
decking. This deviation allows the bridge to only open half of the
span, single leaf, to allow for the replacement of bridge decking. The
deviation also allows the vertical clearance to be reduced due to the
project's containment system.

DATES: This deviation is effective from 6 a.m. on April 1, 2017 until 7
p.m. on September 27, 2017.

ADDRESSES: The docket for this deviation, [USCG-2016-0474] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Multnomah County has requested that the
Morrison Bridge across the Willamette River, mile 12.8, be allowed to
only open half the span, 92 feet, as opposed to a full opening, 185
feet, to accommodate the replacement of the bridge decking. The County
has also requested to reduce the vertical clearance of the non-opening
side of the span with scaffolding erected 10 feet below the lower
bridge cord for a containment system and to require at least a two hour
advance notice for an opening. The Morrison Bridge is a double bascule
bridge. When the bascule span is in the closed-to-navigation position,
the bridge provides 69 feet of vertical clearance, which will be
reduced to 59 feet with the containment system in place. The normal
operating schedule for the Morrison Bridge is in accordance with 33 CFR
117.897(c)(3)(iv). The vertical clearance is above Columbia River Datum
0.0.
    The deviation period is from 6 a.m. on April 1, 2017 until 7 p.m.
on September 27, 2017. The deviation allows the Morrison Bridge
operator to only open half the span for maritime traffic with at least
a two hour advanced notice. Waterway usage on this part of the
Willamette River includes vessels ranging from commercial tug and barge
to small pleasure craft.
    Vessels able to pass through the Morrison Bridge in the closed
position may do so at any time. A tug will be on site to assist vessels
through the single leaf span opening upon request. The bridge will be
able to open half the span for emergencies with a two hour notice and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterways through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridges so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: June 17, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-14846 Filed 6-22-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2776-2777]
[FR Doc No: 2015-00791]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Procedures for Requesting Air Traffic Data under the Pilot's Bill
of Rights

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA is taking down the ``Pilot's Bill of Rights''
hyperlink on the FAA Internet Web page (www.faa.gov/pilots) and the
email address<EMAIL_ADDRESS>for processing requests for air
traffic data under the Pilot's Bill of Rights (PBR), Pub. L. 112-153
(Aug. 3, 2012). Individuals entitled to access or otherwise obtain air
traffic data under the PBR should direct such requests to the FAA
investigator that provided them with the written notification of
investigation.

DATES: Effective date February 17, 2015.

SUPPLEMENTARY INFORMATION:

A. Background

    On August 22, 2012, the FAA published a Notice (77 FR 52107)
specifying how and where an airman subject to an FAA investigation may
submit a request to the FAA under the Pilot's Bill of Rights, Pub. L.
112-153 (Aug. 3, 2012), to obtain air traffic data in the possession of
a government contractor. Specifically, the Notice instructed airmen to
click on the ``Pilot's Bill of Rights'' hyperlink on the FAA's Internet
Web page to find out what specific information they would need to
include in their request to obtain air traffic data in the possession
of a government contractor, and that they should email their requests
to a centralized point of contact at the following email address:
<EMAIL_ADDRESS>
B. Removal of ``Pilot's Bill of Rights'' Hyperlink From the FAA
Internet Web Page and the FAA Email<EMAIL_ADDRESS>
    Although the FAA established the email address_
<EMAIL_ADDRESS>a centralized point-of-contact for the
expeditious and efficient processing of requests for air traffic data
in the possession of a government

contractor by airmen who are the subject of an investigation, the email
address has been burdened with many other types of requests (e.g.,
unspecified requests for ``any air traffic data,'' requests for other
agency information, or requests by individuals who are not the subject
of an investigation related to the approval, denial, suspension,
modification, or revocation of an airman certificate). Because the
email address is no longer an efficacious means for processing the
requests for which it was intended, the FAA will no longer be using it
and it will remove the instructions from the ``Pilot's Bill of Rights''
hyperlink that directed airmen to that email address.

C. How Individuals Subject to an FAA Investigation Related to the
Approval, Denial, Suspension, Modification, or Revocation of an Airman
Certificate May Obtain Air Traffic Data in the Possession of a
Government Contractor

    Individuals who have received notification from an FAA investigator
that they are the subject of an investigation related to the approval,
denial, suspension, modification, or revocation of an airman
certificate may access or otherwise obtain air traffic data by
contacting the FAA investigator that provided them with that
notification.

    Issued in Washington, DC, on January 14, 2015.
Peter J. Lynch,
Assistant Chief Counsel for Enforcement.
[FR Doc. 2015-00791 Filed 1-16-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Page 66698]
[FR Doc No: 2018-27954]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ19-5-000]

City of Anaheim, California; Notice of Filing

    Take notice that on December 17, 2018, City of Anaheim, California
submitted its tariff filing: City of Anaheim 2019 Transmission Revenue
Balancing Account Adjustment Update to be effective 1/1/2019.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for 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_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 7, 2019.

    Dated: December 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-27954 Filed 12-26-18; 8:45 am]
BILLING CODE 6717-01-P