[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Rules and Regulations]
[Pages 38785-38787]
[FR Doc No: 2020-13818]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-1105; Airspace Docket No. 19-AGL-17]
RIN 2120-AA66

Amendment of Multiple Air Traffic Service (ATS) Routes in the
Northcentral United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-13, V-55, and V-505, and Area Navigation (RNAV) route T-354
in the Northcentral United States. The modifications are necessary due
to the planned decommissioning of the VOR portion of the Siren, WI,
VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID)
which provides navigation guidance for portions of the affected air
traffic service (ATS) routes. The Siren VOR is being decommissioned as
part of the FAA's VOR Minimum Operational Network (MON) program.
    The VOR Federal airway V-15, V-26, V-78, V-100, V-159, V-175, V-
219, and V-307, and Area Navigation (RNAV) route T-285 modifications
proposed in the notice of proposed rulemaking (NPRM) require additional
coordination and flight inspection activities. As such, those ATS route
modifications are removed from this rule. Additionally, the V-55 and T-
354 modifications effected by the Park Rapids, MN, VOR/DME proposed in
the NPRM also require additional coordination and flight inspection
activities, and are removed from this rule, too.

DATES: Effective date 0901 UTC, September 10, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it will modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

History

    The FAA published a NPRM for Docket No. FAA-2019-1105 in the
Federal Register (85 FR 3295; January 21, 2020), amending VOR Federal
airways V-13, V-15, V-26, V-55, V-78, V-100, V-159, V-175, V-219, V-
307, and V-505, and RNAV routes T-285 and T-354 in the Northcentral
United States. The proposed modifications were due to the planned
decommissioning of the VOR portion of the Park Rapids, MN, VOR/DME;
Siren, WI, VOR/DME; Sioux City, IA, VOR/Tactical Air Navigation
(VORTAC); and Huron, SD, VORTAC NAVAIDs. Interested parties were
invited to

participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    Subsequent to the NPRM, the FAA determined the VOR Federal airway
V-15, V-26, V-55, V-78, V-100, V-159, V-175, V-219, and V-307, and the
RNAV route T-285 and T-354 modifications proposed in the NPRM, due to
the planned decommissioning of the VOR portion of the Park Rapids, MN,
VOR/DME; Sioux City, IA, VORTAC; and Huron, SD, VORTAC NAVAIDs,
required additional coordination and flight inspection activities. As a
result, those ATS route modifications are removed from this rule and
will be reworked in a separate rulemaking action.
    VOR Federal airways are published in paragraph 6010(a) and RNAV T-
routes are published in paragraph 6011 of FAA Order 7400.11D dated
August 8, 2019, and effective September 15, 2019, which is incorporated
by reference in 14 CFR 71.1. The VOR Federal airways listed in this
document would be subsequently published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Differences From the NPRM

    In the NPRM, the FAA proposed amendments to VOR Federal airways V-
15, V-26, V-55, V-78, V-100, V-159, V-175, V-219, and V-307, and RNAV
routes T-285 and T-354 due to the planned decommissioning of the VOR
portion of the Park Rapids, MN, VOR/DME; Sioux City, IA, VORTAC; and
Huron, SD, VORTAC NAVAIDs. However, additional coordination and flight
inspection activity are required to modify the route segments of these
ATS routes that are effected by the Park Rapids VOR/DME, Sioux City
VORTAC, and Huron VORTAC. Therefore, the ATS route amendments
associated with those three NAVAIDs are not included in this final rule
and will be reworked in a separate rulemaking action.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying VOR Federal airways V-13, V-55, and V-505, and
RNAV route T-354. The planned decommissioning of the VOR portion of the
Siren, WI, VOR/DME NAVAID has made this action necessary. The VOR
Federal airway changes are outlined below.
    V-13: V-13 extends between the McAllen, TX, VOR/DME and the Thunder
Bay, ON, Canada, VOR/DME. The airspace outside the United States is
excluded. The airway segment overlying the Siren, WI, VOR/DME between
the Farmington, MN, VORTAC and the Duluth, MN, VORTAC is removed. The
airspace outside the United States continues to be excluded. The
unaffected portions of the existing airway remain as charted.
    V-55: V-55 extends between the Dayton, OH, VOR/DME and the
intersection of the Green Bay, WI, VORTAC 270[deg] and Oshkosh, WI,
VORTAC 339[deg] radials; between the Eau Claire, WI, VORTAC and the
Siren, WI, VOR/DME; and between the Park Rapids, MN, VOR/DME and the
Bismarck, ND, VOR/DME. The airway segment overlying the Siren, WI, VOR/
DME between the Eau Claire, WI, VORTAC and the Siren, WI, VOR/DME is
removed. The unaffected portions of the existing airway remain as
charted.
    V-505: V-505 extends between the Des Moines, IA, VORTAC and the
International Falls, MN, VOR/DME. The airway segment overlying the
Siren, WI, VOR/DME between the Gopher, MN, VORTAC and the Duluth, MN,
VORTAC is removed. Additionally, an editorial correction changes the
state abbreviation for the Duluth VORTAC listed in the description from
``MI'' to ``MN''. The unaffected portions of the existing airway remain
as charted.
    The RNAV route change is outlined below.
    T-354: T-354 extends between the Park Rapids, MN, VOR/DME and the
Siren, WI, VOR/DME. The Siren, WI (RZN), route point listed as ``VOR/
DME'' is changed to ``DME''. The unaffected portions of the existing
RNAV route remain as charted.
    All radials listed in the route descriptions below are unchanged
and stated in True degrees.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending VOR Federal
airways V-13, V-55, and V-505, and RNAV route T-354, due to the planned
decommissioning of the VOR portion of the Siren, WI, VOR/DME NAVAID,
qualifies for categorical exclusion under the National Environmental
Policy Act and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019 and
effective September 15, 2019, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-13 [Amended]

    From McAllen, TX; INT McAllen 060[deg] radial and Corpus
Christi, TX, 178[deg] radials; Corpus Christi; INT Corpus Christi
039[deg] and Palacios, TX, 241[deg] radials; Palacios; Humble, TX;
Lufkin, TX; Belcher, LA; Texarkana, AR; Rich Mountain, OK; Fort
Smith, AR; INT Fort Smith 006[deg] and Razorback, AR, 190[deg]
radials; Razorback; Neosho, MO; Butler, MO; Napoleon, MO; Lamoni,
IA; Des Moines, IA; Mason City, IA; to Farmington, MN. From Duluth,
MN; to Thunder Bay, ON, Canada. The airspace outside the United
States is excluded.
* * * * *

V-55 [Amended]

    From Dayton, OH; Fort Wayne, IN; Goshen, IN; Gipper, MI; Keeler,
MI; Pullman, MI; Muskegon, MI; INT Muskegon 327[deg] and Green Bay,
WI, 116[deg] radials; Green Bay; to INT Green Bay 270[deg] and
Oshkosh, WI, 339[deg] radials. From Park Rapids, MN; Grand Forks,
ND; INT Grand Forks 239[deg] and Bismarck, ND, 067[deg] radials; to
Bismarck.
* * * * *

V-505 [Amended]

    From Des Moines, IA; Fort Dodge, IA, excluding the airspace at
and above 11,000 feet MSL between 27 miles and 64 miles northwest of
Des Moines VOR during the time that the Boone MOA is activated;
Mason City, IA; INT Mason City 349[deg] and Gopher, MN, 188[deg]
radials; to Gopher. From Duluth, MN; INT Duluth 331[deg] and
Hibbing, MN, 120[deg] radials; Hibbing; INT Hibbing 319[deg] and
International Falls, MN, 182[deg] radials; to International Falls.
* * * * *

6011 United States Area Navigation Routes

* * * * *

T-354 Park Rapids, MN (PKD) to Siren, WI (RZN) [Amended]
Park Rapids, MN (PKD)             VOR/DME           (Lat. 46[deg]53'53.34'' N, long. 095[deg]04'15.21'' W)
BRNRD, MN                         WP                (Lat. 46[deg]20'53.81'' N, long. 094[deg]01'33.54'' W)
Siren, WI (RZN)                   DME               (Lat. 45[deg]49'13.60'' N, long. 092[deg]22'28.26'' W)

* * * * *

    Issued in Washington, DC, on June 22, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-13818 Filed 6-26-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Page 56757]
[FR Doc No: 2021-22155]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

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

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before November 12, 2021.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-13, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on October 4, 2021.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                          Special Permits Data
------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
21286-N           BASF             180.605(h)(3)..  To authorize the
                   Corporation.                      requalification of
                                                     portable tanks
                                                     without requiring a
                                                     designated approval
                                                     agency to witness
                                                     the testing. (modes
                                                     1, 2, 3).
21287-N           Daikin Applied   173.307(a)(4)(i  To authorize the
                   Americas Inc.    v).              transportation in
                                                     commerce of
                                                     refrigerating
                                                     machines, including
                                                     dehumidifiers and
                                                     air conditioners,
                                                     and components
                                                     thereof, containing
                                                     20 kg (44 pounds)
                                                     or less of GHS
                                                     Category 1B or
                                                     ASHRAE A2L gases in
                                                     the same manner as
                                                     A1 gases, per 49
                                                     CFR
                                                     173.307(a)(4)(iv).
                                                     (modes 1, 2).
21289-N           Chemtrade        173.35(e)......  To authorize the
                   Refinery                          transportation in
                   Services Inc.                     commerce of IBCs
                                                     containing the
                                                     residue of certain
                                                     hazardous materials
                                                     where the closure
                                                     nearest to the
                                                     hazardous materials
                                                     is open.
21292-N           Showa Chemicals  173.304a(a)....  To authorize the
                   of America,                       transportation in
                   Inc.                              commerce of non-DOT
                                                     specification
                                                     cylinders
                                                     fabricated to a
                                                     foreign cylinder
                                                     specification.
                                                     (mode 1).
------------------------------------------------------------------------

[FR Doc. 2021-22155 Filed 10-8-21; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Rules and Regulations]
[Pages 55371-55372]
[FR Doc No: 2016-19634]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-8926; Amendment No. 71-48]
RIN 2120-AA66

Airspace Designations; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Title 14 Code of Federal Regulations (14
CFR) part 71 relating to airspace designations to reflect the approval
by the Director of the Federal Register of the incorporation by
reference of FAA Order 7400.11A, Airspace Designations and Reporting
Points. This action also explains the procedures the FAA will use to
amend the listings of Class A, B, C, D, and E airspace areas; air
traffic service routes; and reporting points incorporated by reference.

DATES: These regulations are effective September 15, 2016, through
September 15, 2017. The incorporation by reference of FAA Order
7400.11A is approved by the Director of the Federal Register as of
September 15, 2016, through September 15, 2017.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Sarah A. Combs, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

History

    FAA Order 7400.9Z, Airspace Designations and Reporting Points,
effective September 15, 2015, listed Class A, B, C, D and E airspace
areas; air traffic service routes; and reporting points. Due to the
length of these descriptions, the FAA requested approval from the
Office of the Federal Register to incorporate the material by reference
in the Federal Aviation Regulations section 71.1, effective September
15, 2015, through September 15, 2016. During the incorporation by
reference period, the FAA processed all proposed changes of the
airspace listings in FAA Order 7400.9Z in full text as proposed rule
documents in the Federal Register. Likewise, all amendments of these
listings were published in full text as final rules in the Federal
Register. This rule reflects the periodic integration of these final
rule amendments into a revised edition of Order 7400.11A, Airspace
Designations and Reporting Points. The Director of the Federal Register
has approved the incorporation by reference of FAA Order 7400.11A in
section 71.1, as of September 15, 2016, through September 15, 2017.
This rule also explains the procedures the FAA will use to amend the
airspace designations incorporated by reference in part 71. Sections
71.5, 71.15, 71.31, 71.33, 71.41, 71.51, 71.61, 71.71, and 71.901 are
also updated to reflect the incorporation by reference of FAA Order
7400.11A.

Availability and Summary of Documents for Incorporation by Reference

    This document incorporates by reference FAA Order 7400.11A,
airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, in section 71.1. FAA Order 7400.11A is
publicly available as listed in the ADDRESSES section of this final
rule. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 to reflect the approval by the Director of the Federal Register
of the incorporation by reference of FAA Order 7400.11A,

effective September 15, 2016, through September 15, 2017. During the
incorporation by reference period, the FAA will continue to process all
proposed changes of the airspace listings in FAA Order 7400.11A in full
text as proposed rule documents in the Federal Register. Likewise, all
amendments of these listings will be published in full text as final
rules in the Federal Register. The FAA will periodically integrate all
final rule amendments into a revised edition of the Order, and submit
the revised edition to the Director of the Federal Register for
approval for incorporation by reference in section 71.1.

Regulatory Notices and Analyses

    The FAA has determined that this action: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. This
action neither places any new restrictions or requirements on the
public, nor changes the dimensions or operation requirements of the
airspace listings incorporated by reference in part 71.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

0
2. Section 71.1 is revised to read as follows:

Sec.  71.1  Applicability.

    A listing for Class A, B, C, D, and E airspace areas; air traffic
service routes; and reporting points can be found in FAA Order
7400.11A, Airspace Designations and Reporting Points, dated August 3,
2016. This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part
51. The approval to incorporate by reference FAA Order 7400.11A is
effective September 15, 2016, through September 15, 2017. During the
incorporation by reference period, proposed changes to the listings of
Class A, B, C, D, and E airspace areas; air traffic service routes; and
reporting points will be published in full text as proposed rule
documents in the Federal Register. Amendments to the listings of Class
A, B, C, D, and E airspace areas; air traffic service routes; and
reporting points will be published in full text as final rules in the
Federal Register. Periodically, the final rule amendments will be
integrated into a revised edition of the Order and submitted to the
Director of the Federal Register for approval for incorporation by
reference in this section. Copies of FAA Order 7400.11A may be obtained
from Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591,<PHONE_NUMBER>. An
electronic version of the Order is available on the FAA Web site at
http://www.faa.gov/air_traffic/publications. Copies of FAA Order
7400.11A may be inspected in Docket No. FAA-2016-XXXX; Amendment No.
71-48 on http://www.regulations.gov. A copy of FAA Order 7400.11A may
be inspected at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Sec.  71.5  [Amended]

0
3. Section 71.5 is amended by removing the words ``FAA Order 7400.9Z''
and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.15  [Amended]

0
4. Section 71.15 is amended by removing the words ``FAA Order 7400.9Z''
and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.31  [Amended]

0
5. Section 71.31 is amended by removing the words ``FAA Order 7400.9Z''
and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.33  [Amended]

0
 6. Paragraph (c) of section 71.33 is amended by removing the words
``FAA Order 7400.9Z'' and adding, in their place, the words ``FAA Order
7400.11A.''

Sec.  71.41  [Amended]

0
7. Section 71.41 is amended by removing the words ``FAA Order 7400.9Z''
and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.51  [Amended]

0
 8. Section 71.51 is amended by removing the words ``FAA Order
7400.9Z'' and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.61  [Amended]

0
9. Section 71.61 is amended by removing the words ``FAA Order 7400.9Z''
and adding, in their place, the words ``FAA Order 7400.11A.''

Sec.  71.71  [Amended]

0
10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended
by removing the words ``FAA Order 7400.9Z'' and adding, in their place,
the words ``FAA Order 7400.11A.''

Sec.  71.901  [Amended]

0
11. Paragraph (a) of section 71.901 is amended by removing the words
``FAA Order 7400.9Z'' and adding, in their place, the words ``FAA Order
7400.11A.''.''

    Issued in Washington, DC, on August 11, 2016.
M. Randy Willis,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-19634 Filed 8-18-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11731-11732]
[FR Doc No: 2013-03673]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0340; FMCSA-
2010-0354]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
12 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 1, 2013. Comments must be
received on or before March 21, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [FMCSA-2006-25246; FMCSA-
2006-26066; FMCSA-2008-0340; FMCSA-2010-0354], using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 12 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 12 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Kreis C. Baldridge (TN)
Steven J. Clark (GA)
Thomas A. Crowell (NC)
Donald D. Daniels (MS)
Michael A. Fouch (NJ)
Carl A. Lohrbach (OH)
Jeffrey L. Olson (MN)
Donnie R. Riggs (AL)
James E. Savage (NV)
Randall S. Surber (WV)
Ernest W. Waff (VA)
Calvin J. Wallace, Jr. (NV)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 12 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (71 FR 63379; 72 FR 1050; 72 FR 180; 72 FR 9397; 73 FR
75803; 74 FR 6209; 74 FR 6211; 74 FR 980; 75 FR 72863; 76 FR 2190; 76
FR 4413; 76 FR 4414; 76 FR 9865). Each of these 12 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by March 21, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 12 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: January 31, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-03673 Filed 2-15-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]
[Page 24303-24305]
[DOCID:fr02my07-61]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0305; FRL-8125-1]

Metaflumizone; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY:  EPA has received a specific exemption request from the
Georgia Department of Agriculture to use the pesticide metaflumizone
(CAS No. 139968-49-3) to treat up to 31,000 acres of Brassica leafy
vegetables to control the diamondback moth. The Applicant proposes the
use of a new chemical which has not been registered by EPA. Therefore,
EPA is soliciting public comment before making the decision whether or
not to grant the exemption.

DATES:  Comments must be received on or before June 1, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0305, by one of the following methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0305. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. 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 not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Andrea Conrath, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2.  Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. Georgia Department of
Agriculture has requested the Administrator to issue a specific
exemption for the use of metaflumizone on Brassica leafy vegetables to
control the diamondback moth. Information in accordance with 40 CFR
part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that the available
alternative controls are no longer providing adequate control, and
states that resistance to some of them may be developing. The Applicant
claims that another control chemical is needed to use in rotation with
registered materials, to maintain season long control of the
diamondback moth in these crops, and that without adequate control,
significant economic losses will be suffered.
    The Applicant proposes to make no more than 4 applications of
metaflumizone, at a rate of 0.25 lb. active ingredient per acre (no
more than 1.0 lbs. a.i. total), on up to 31,000 acres of Brassica leafy
vegetables (including but not limited to cabbage, collard greens,
mustard greens, kale) and turnip greens, in Georgia, for use year
round, resulting in use of up to a total of 31,000 lbs. a.i. total.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
specific exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA. The notice provides
an opportunity for public comment on the application.

    The Agency will review and consider all comments received during
the comment period in determining whether to issue the specific
exemption requested by the Georgia Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 24, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-8266 Filed 5-1-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13331-13332]
[DOCID:fr21mr07-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55478; File No. SR-NSCC-2007-03]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule To Make Technical and Updating Changes to Its Reconfirmation and
Pricing Service

March 15, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on January 26, 2007, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which items have been
prepared primarily by NSCC. NSCC filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \3\ thereunder so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the rule
change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    The purpose of the rule change is to make technical and updating
changes to its Reconfirmation and Pricing Service (``RECAPS'').

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

    In its filing with the Commission, NSCC 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 these statements may be examined at the places specified in
Item IV below. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

    RECAPS is a mandated service for all full-service NSCC members that
reconfirms and reprices members' fails in RECAP-eligible securities
that represent positions that are currently failing outside of NSCC's
Continuous Net Settlement (``CNS'') system. It thus provides a
mechanism for reducing outstanding non-CNS member fails. The proposed
revisions to the procedures reflect enhancements to the service,
confirming processing changes with current processes, and deletion of
obsolete reports.
    RECAPS is currently offered quarterly. The processing cycle begins
on a Tuesday and ends with successfully matched trades settling the
following Tuesday. On the first Tuesday of the processing cycle,
members submit CUSIP files for fails designated for processing through
the service. The data on these files is used to obtain current prices
for the designated securities. On Friday, members submit eligible aged
fails to NSCC until a designated cut-off time. On Saturday, NSCC
distributes RECAPS contract sheets, RECAPS CNS and Non-CNS Compared
Summaries, Balance Orders (for matched transactions in Balance Order
securities), and RECAPS CNS Projection Reports and Advisory Listings.
On Monday, members take action on all unmatched items. On Tuesday, the
final day of the RECAPS cycle, all matched fails are scheduled to
settle.
    The process enhancements eliminate the need for submission of CUSIP
files on Tuesday since current price information can be obtained on
Friday when members submit their fails for reconfirming and pricing. In
addition,

the process enhancements enable the distribution of reports at an
earlier time on Saturday and enable fails to settle on the next
settlement day after they match (e.g., fails matched on Friday will
settle on Monday and fails matched on Monday will settle on Tuesday).
    Furthermore, the RECAPS CNS Projection Report is being eliminated
because the relevant information will be provided on the existing CNS
Projection Report. Similarly, to conform to current trade processing
practices where NSCC has eliminated Balance Order and Receive and
Deliver tickets,\5\ RECAPS Balance Orders and RECAPS Trade-for-Trade
Receive and Deliver Orders will be evidenced by the information
contained on the RECAPS Non-CNS Compared Trade Summary.
---------------------------------------------------------------------------

    \5\ Balance Order and Receiver and Deliver tickets were
eliminated as part of the CNS Rewrite in 2004. Securities Exchange
Act Release No. 50026 (July 15, 2004), 69 FR 43650 (July 21, 2004)
[File No. SR-NSCC-2004-01].
---------------------------------------------------------------------------

    Finally, the RECAPS procedure is being revised to clarify that
reconfirmed fails in securities where the original fail price was less
than one penny per share will settle on a trade-for-trade basis as a
``Special Trade'' with the RECAPS value being the original comparison
value (as opposed to the system-generated price of one cent per share).
Clarifying language also is being added to distinguish between
information that appears on the RECAPS CNS Compared Trade Summary and
information on the RECAPS Non-CNS Compared Trade Summary.
    Since the RECAPS procedures provides for NSCC to determine the
processing schedule for each RECAPS cycle, NSCC advises its
participants of the RECAPS calendar and the processing schedule through
Important Notices. Members have been advised on the proposed scheduling
changes outlined above, as well as the other enhancements described in
this filing, in Important Notice A6323, P&S5893 dated
October 26, 2006.
    The proposed rule change is consistent with Section 17A of the
Act,\6\ as amended, because the updated procedures and operational
enhancements will further facilitate the accurate clearance and
settlement of securities transactions, particularly, the settlement of
aged fails.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. On October 26, 2006, members were advised
by Important Notice A6323, P&S5893, of the proposed
enhancements to RECAPS. NSCC will notify the Commission of any written
comments received by NSCC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-
4(f)(4) \8\ thereunder because it effects a change in an existing
service of NSCC that: (i) Does not adversely affect the safeguarding of
securities or funds in the custody of NSCC or for which it is
responsible; and (ii) does not significantly affect the respective
rights or obligations of NSCC or persons using the service. At any time
within sixty days of the filing of the proposed rule change, the
Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(i).
    \8\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NSCC-2007-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2007-03. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filings also will be
available for inspection and copying at the principal office of NSCC
and on NSCC's Web site at http://nscc.com/legal/2007/2007-03.pdf. 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-NSCC-2007-03 and should be
submitted on or before April 11, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5133 Filed 3-20-07; 8:45 am]

BILLING CODE 8010-01-P


		Limited Scope Administrative and Financial Review Questionnaire                   for EPA Assistance Agreement Desk Reviews                                    Introduction Thank you for assisting EPA with our review by completing this questionnaire.  The questionnaire asks about your organization's administrative and financial policies and procedures.  Some of the questions require you to provide copies of your policies and procedures for review.  Also, some financial drawdowns have been identified for review in Section IX.  Please provide copies of the requested policies and procedures and the source documents to support the selected draws with the completed questionnaire.

This questionnaire requires "Yes" or "No" responses.  Please check the appropriate box for each question.  In some cases, a written response is required, please type or write your responses in the question box.  You may also include or attach additional sheets if necessary to provide a full response.  Recipient Name and Address:

                          Responding Individual(s):                                       Name                                      Title                                  Phone Number                                     E-mail

                       Signature of Responsible Official                                      Date   Prior to December 26, 2014, Title 40 of the Code of Federal Regulations and OMB Cost Principles required organizations receiving Federal assistance agreements to have written policies and procedures. After December 26, 2014 Title 2 of the Code of Federal Regulations, specifically part 200, require organizations receiving Federal financial assistance agreements to have written policies and procedures.

If you received an EPA award and the project period/budget period start date was before December 26, 2014 and you have not received any additional funding after December 26, 2014, you will use the following regulations:  Uniform Administrative Requirements: 40 CFR 30 or 31  Cost Principles by entity type: A-21, A-87 or A-122  Audit Requirements: A-133 $500,000+ threshold

If you received an EPA award and the project period/budget period start date was after December 26, 2014 you will use the following regulations:  Uniform Administrative Requirements: 2 CFR 200 and 1500  Cost Principles: 2 CFR 200 Subpart E  Audit Requirements: 2 CFR 200 Subpart F $750,000+ threshold (Audit requirements will apply to audits of non-Federal entity fiscal years beginning on or after 12/26/14.)

If you received an EPA award and the project period/budget period start date was before December 26, 2014, and you received additional funding after December 26, 2014 you will use the following regulations for the new funding and the unobligated balance (defined at 2 CFR 200.98):  Uniform Administrative Requirements: 2 CFR 200 and 1500  Cost Principles: 2 CFR 200 Subpart E  Audit Requirements: 2 CFR 200 Subpart F $750,000+ threshold (Audit requirements will apply to audits of non-Federal entity fiscal years beginning on or after 12/26/14.)

 Recipient Type EPA Regulations OMB Cost Principles States, Local Governments, and Indian Tribes 40 CFR Part 35, 40 CFR Part 31  A-81 for cost principles  A-133 for audit requirements  Educational Institutions 40 CFR Part 30   A-21 for cost principles  A-133 for audit requirements  Non-Profit Organizations 40 CFR Part 30   A-122 for cost principles  A-133 for audit requirements  All entity types  2 CFR Parts 200 and 1500

                   I.  Accounting and Financial Management   (Prior to 12/26/14: 40 CFR Part 30.20-22, 30.52 or 40 CFR Part 31.20-21, 31.41)                         (After 12/26/14: 2 CFR 200.302                      (FFATA reporting  -  2 CFR Part 170 ) 1. Who in your organization is responsible for reviewing, approving and signing EPA assistance agreement applications, awards and amendments?

2. Who in your organization is responsible for monitoring, administering and overseeing assistance agreements once received from EPA?  Please list names and titles.

3. Does your organization have a written accounting manual or written policies and procedures for managing finances? Yes  No 4. Does your organization's accounting and financial management system(s) follow Generally Accepted Accounting Principles (GAAP)? Yes  No 5. Does your organization's financial management system track revenues and expenditures and provide financial results separately for each EPA assistance agreement project or program? Yes  No 6. Does your financial management system identify the source and application of funds with records that show obligations, unobligated balances, assets, outlays, income and interest? Yes  No 7. Does your financial management system report and allow a comparison of outlays to budgeted amounts for each assistance agreement award? Yes  No 8. Does your organization maintain source documentation to support entries into your financial or accounting system? Yes  No 9. Does your organization have written procedures for drawing funds and issuing payments including:  Who is authorized to request payment from the Federal government and EPA?  What procedures are used to verify that the requests and payments are accurate?  What support documents are required for the draw of funds or for making payments?  When drawdown of funds will occur?  Minimizing the time elapsed between receiving federal funds and disbursing them? If Yes, please provide a copy of the procedures for review. Yes  No 10. Does your organization have written procedures to ensure that costs charged to EPA grants are reasonable, allocable, allowable and that financial reports are issued as required? Yes  No 11. Does your organization have procedures for receiving and depositing advanced payments or other EPA funds into an interest bearing account and for minimizing the time elapsing between receiving the advanced funds and disbursing them (usually within 5 business days) for the intended expenditures? Yes  No 12. Does your organization have requirements for adequate separation of duties or internal controls so that funds are safeguarded and used only for allowable costs? Yes  No 13. Does your organization monitor and provide project, program, and financial performance reports to EPA? Yes  No

14. Does your organization have procedures for preparing and submitting Interim/Final Financial Status Reports (SF-425) as required at least annually by EPA? Yes  No 15. Does your organization have a policy for retaining financial and supporting records for a minimum of 3 years after the award is closed? Yes  No 16. Did your organization expend more than $500,000 of Federal funds in the most recent fiscal year?  If No, skip to question 18.   Yes  No 17. Did your organization obtain an audit in accordance with OMB Circular A-133 or 2 CFR 200 Subpart F?   Yes  No 18. Does your organization currently receive Federal funds for indirect costs under its active EPA assistance agreements?  If No, skip to question 21. Yes  No 19. What is your current approved indirect cost rate, time period covered by the agreement, and which Federal agency is your cognizant agency for approving the rate?

20. Does your organization have a procedure to record, track, evaluate, and update your indirect cost rates for approval by your cognizant agency? Yes  No 21. Does your organization have procedures for registering and updating information (including executive compensation and unique entity identifier) in the System for Award Management) on an annual basis?  ( https://www.sam.gov/portal/public/SAM/  (DUNS - http://www.dnb.com/us/ ) Yes  No 22. Does your organization have procedures for reporting and updating information for sub recipients (including executive compensation) receiving $25,000 or more in assistance in the Federal Funding Accountability & Transparency Act Subaward Reporting System (FSRS)?  ( www.fsrs.gov ) Yes  No

                                 II. Payroll   (Prior to 12/26/14: A-122 Appendix- B, Section 8; A- 87 Appendix - B, Section 8; or  A-21 Appendix- A, Section J.10)                  (After 12/26/14: 2 CFR 200.430 & 200.431) 23. Does your organization have written payroll policies and procedures including policies for fringe benefits paid to personnel?  If Yes, please provide a copy of the procedures for review. Yes  No 24. Does your organization require all employees to fill out timesheets at least monthly that coincide with one or more pay periods? Yes  No 25. Are timesheets required to be signed by the employee, supervisor, or both? Yes  No 26. Does your organization's timesheets require employees to record actual hours worked on each project, whether federally funded or not? Yes  No 27. Are actual hours worked away from the office (travel, teleworking, or other special circumstances) identified on timesheets? Yes  No 28. Does your organization apply salaries, wages, and benefits consistently to both federally and non-federally funded projects for the same labor categories? Yes  No

                                  III. Travel (Prior to 12/26/14: A-122 Appendix A, Section J. 53; A-87 Appendix B. Section 51; or A-21 Appendix B. Section 43)                         (After 12/26/14: 2 CFR 200.474) 29. Does your organization have written travel policies and procedures including:  Requiring travel authorizations and approvals prior to travel and vouchers to support actual costs after the trip?  Requiring separate levels of review prior to authorizing advances and payments?  Ensuring that the travel costs claimed and billed are associated with the specific federally funded project?  Ensuring that travel costs are allowable, allocable, and reasonable?        If Yes, please provide a copy of the procedures for review. Yes  No

                                 IV. Equipment

Equipment is defined as tangible, non-expendable personal property with a useful life greater than one year and a per-unit cost greater than $5,000. Your organization may define equipment differently as long as the dollar threshold is not greater than the Federal guideline.  (Prior to 12/26/14:40 CFR Part 30.30-36 or 40 CFR Part 31.31-33)                         (After 12/26/14: 2 CFR 200.313) 30. Does your organization have written procedures concerning property management and inventory control for items purchased with Federal funds? If Yes, please provide a copy of the procedures for review.  If your organization does not have equipment, skip to Section V. Yes  No 31. Does your organization take a physical inventory of equipment and compare records at least once every two years?  When was the last inventory?

Yes  No 32. Does your organization keep the following records for all equipment:  A description of the equipment?   A serial number, model number, or other identification number?   The source of the equipment, including award number?   Who holds the title?   The acquisition date or date received?   The cost of the equipment?   Percentage of Federal participation in the cost of the equipment?   The location, use, and condition of the equipment?   Disposition data including the date of disposal and sale price of the equipment?  Identification that the equipment is Federal property (if applicable)?        Yes  No

                                V. Procurement                                         Procurement is the process for obtaining supplies, expendable property, equipment, real property, and services, including contracting, consultant agreements, sub-awards or sub-grants, or any other types of agreements that transfer Federal funds outside of your organization.     (Prior to 12/26/14: 40 CFR Parts 30.40-48. 30.27 or 40 CFR Part 31.36)                    (After 12/26/14: 2 CFR 200.317  -  200.326)                     (FFATA reporting  -  2 CFR Part 170 )  33. Does your organization have written procurement policies and procedures that have:  Written standards of conduct that address potential conflict of interests and has disciplinary actions for any individuals engaged in conducting and administering contracts or sub awards?  Discussion of cost thresholds (small purchases vs. major procurements) and the procurement authorizations and approvals required?  A written requirement to review to avoid unnecessary purchases and to limit purchases to necessary quantities?  A written requirement to review lease vs. purchase alternatives (when appropriate)?  A requirement to perform and document a cost or price analyses for all procurements?  A requirement that procurement transactions maximize open and free competition?  Written provisions for conducting solicitations having; a clear scope of work, requirements and features prospective bidders must meet, a preference to conserving natural resources and the environment, and positive efforts to use small, disadvantaged and minority owned firms when possible?  Requirements to document; reasoning for the type of procurement being used, the basis for contractor selection, a justification for lack of competition or sole-source procurement, and the basis for award cost and price?  Provisions that ensure that goods and services are received, approved, and acceptable before payments are made?  Provisions that no contract or sub-award will be entered into with parties that are debarred, suspended, or excluded from Federal assistance programs?  Provisions in the contract or agreement for termination and Federal access to contract records?  Guidelines for documenting contract files?        If Yes, please provide a copy of the procedures for review.

Yes  No 34. Has your organization awarded contracts or sub-agreements under any of your current EPA assistance agreements?  If No, skip to Section VI.

Yes  No 35. Does your organization have written agreements with contractor's or sub recipients?

Yes  No 36. Did your organization check the Excluded Party List System ( https://www.sam.gov/portal/public/SAM ) to ensure the successful recipient is not suspended or debarred from Federal contracting or receiving Federal funds? Yes  No 37. Were any of these contracts or agreements more than the Simplified Acquisition threshold of $150,000, or were not competed, or only one bid was received?  If No, skip to question 39.

Yes  No                           V. Procurement (continued) 38. Was EPA review and approval required for the contract or agreement prior to your awarding it or did EPA provide written comments on the award?   Yes  No 39. Has your organization awarded contracts to consultants under any of your current EPA assistance agreements?  If No, skip to question 42. Yes  No 40. Does your organization have controls to ensure that charges to EPA agreements do not exceed EPA's allowed direct hourly rate for consultants?  Yes  No 41. Do your consulting agreements specify the services to be provided, duration and pay rates that include base rate, fringe benefits, and overhead? Yes  No 42. Does your organization have any agreements, sub-agreements or loans that involve federally funded construction, alteration or repair contracts over $2,000 that require compliance with the Davis-Bacon Act?  If No, skip to question 46. Yes  No 43. Did the contract or agreement contain the required clauses for complying with Davis-Bacon Act (DBA) wage rates, reporting requirements and include a wage rate determination from the Department of Labor at  http://www.wdol.gov/ ?  If Yes, please provide a copy of the specific contract clauses for review. Yes  No 44. Did your organization, sub-recipients or borrowers receive and review certified weekly payroll records per Department of Labor form WH-347 for DBA projects? If Yes, please provide a copy of page one and signature page of the completed WH-347 for review. Yes  No 45. Did your organization conduct labor interviews per DOL form SF-1445 (or equivalent) and/or require sub-recipients to do so for DBA projects? If Yes, please provide an example with personal information removed for review. Yes  No 46. Did your organization receive any American Recovery and Reinvestment Act (ARRA) funds either directly or indirectly from EPA? If No, skip to the next section. Yes  No 47. For any EPA ARRA funds used to construct, alter, maintain or repair public buildings or works; did the contract or agreement require that iron, steel and manufactured goods are produced in the United States in accordance with the "Buy American" provision of the act? Yes  No 48. For ARRA infrastructure awards to states or local governments, were the necessary certifications required under Section 1511 of ARRA and done in accordance with program guidance posted on a website that is linked to Recovery.gov? Yes  No

        VI.  Disadvantaged Business Enterprises (DBE)  (40 CFR Part 33) 49. Does your organization have procedures to make good faith efforts to solicit and use Small Businesses, Minority Owned Firms, Women's Business Enterprises, and Labor Surplus Areas when procuring construction, equipment, services and supplies? If Yes, please provide a copy of the procedures for review. Yes  No 50. Does your organization submit the required Disadvantaged Business Enterprise (DBE) reports (at least annually) to EPA for any assistance agreement when: 1) procurement costs are identified under any cost category; 2) $3,000 or more is budgeted for supplies; and 3) there are subawards or loans with budgets that meet the conditions described in items (1) and/or (2)? Yes  No

                             VII. Recipient Match                                         A matching or cost sharing requirement may be satisfied by: (1) Allowable costs incurred by the grantee, subgrantee or a cost-type contractor under the assistance agreement. This includes costs borne by non-Federal assistance agreements or by other cash donations from non-Federal third parties. (2) The value of third party in-kind contributions applicable during the period of the cost sharing or matching requirement.           (Prior to 12/26/14: 40 CFR Part 30.23 or 40 CFR Part 31.24)                         (After 12/26/14: 2 CFR 200.306) 51. Do any of your organization's active EPA assistance agreements include Matching, Cost Sharing and/or In-Kind costs? If No, skip to Section VIII. Yes  No 52. How did your organization fulfill the matching requirement?

53. Does your organization have procedures for identifying, valuing, documenting and reporting cost sharing, matching and in-kind contributions for EPA projects? If Yes, please provide a copy of the procedures for review. Yes  No 54. Are any of these costs covered by funding from other Federal sources?   Yes  No 55. Are these costs identified in the approved project budgets for these EPA agreements? Yes  No

                             VIII. Program Income

Program income is directly generated by an assistance agreement supported activity, or earned only as a result of the agreement during the assistance agreement period.           (Prior to 12/26/14: 40 CFR Part 30.24 or 40 CFR Part 31.25)                         (After 12/26/14: 2 CFR 200.307) 56. Is program income being derived from and included in any of the EPA assistance agreements under review? If yes, please complete the rest of this section. Yes  No 57. How is the program income being generated and reported, and how does your organization account for the program income in financial records?

58. Has the disposition of the program income been addressed by term and condition in the assistance agreement?  Yes  No 59. How is the program income applied to the grant?

 deducted from total project costs.  expanding the scope of work.  applying towards match/cost share requirement 60. If there is no term and condition, is the program income being deducted from the total allowable project cost and is this shown on financial reports to EPA?  Yes  No

                            IX. Transaction Testing The following EPA assistance agreement funds have been drawn down by your organization for the agreements listed below.  These payments have been selected for transaction testing as part of this review.

Draw Down #1 Draw Down #2 Drawdown #3 Assistance Agreement Number

Total Funds Drawn Down

Draw Down Date

Personnel/Payroll

Travel

Procurements / Subawards

All Other Expenditures

1) Fill in the amount of the draw that was incurred for each category.

2) Provide excerpts from the general or project ledger and copies of all supporting documentation for each draw including, but not limited to the following:

 Personnel/Payroll - Payroll Ledgers/Journals, Activity Reports, Timesheets

 Travel - Travel Authorizations, Travel Vouchers, Trip Reports, Reimbursement Requests, Receipts for Expenses, Proof of Payment.

 Procurements or Subawards  -   Provide any written contracts, agreements, purchase authorizations or purchase orders for goods, services, supplies or construction (exclude any agreements for materials or supplies included in your indirect costs). Also provide any subaward documents, which are legal instruments that support the performance of any portion of the grant project or program. Include any Invoices, Receipts, Payment Authorizations or Proof of Payment for the contract, agreement or subaward.

 Other or Additional Documentation -  Any additional support documentation for expenditures that the identified draw funded if the expenditure(s) comprised more than 10% of the draw.

Please organize these documents according to corresponding draw down date.

Note: For confidentiality purposes, please redact any Personally Identifiable Information (SSNs, personal phone numbers and addresses, etc,) from any documentation you provide to EPA.


[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55815-55816]
[FR Doc No: 2014-22122]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Electronic Cigarettes and the Public Health; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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    The Food and Drug Administration (FDA), Center for Tobacco
Products, is announcing a public workshop to obtain information on
electronic cigarettes and the public health. The workshop will include
presentations and panel discussions about the current state of the
science, and will focus on product science, packaging, constituent
labeling, and environmental impacts. FDA intends to follow this
workshop with two additional electronic cigarette workshops, with one
on individual health effects and one on population health effects.
    Dates and Times: The public workshop will be held on December 10,
2014, from 8 a.m. to 5 p.m. and on December 11, 2014, from 8:30 a.m. to
3:30 p.m. Individuals who wish to attend the public workshop must
register by November 25, 2014.
    Location: The public workshop will be held at the FDA White Oak
Conference Center, 10903 New Hampshire Ave., Building 31 Conference
Center, the Great Room (Rm. 1503A), Silver Spring, MD 20993. Entrance
for the public meeting participants (non-FDA employees) is through
Building 1 where routine security check procedures will be performed.
For parking, transportation, security, and information regarding
special accommodations due to a disability, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Contact Person: Caryn Cohen, Office of Science, Center for Tobacco
Products, Food and Drug Administration, Document Control Center, Bldg.
71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002,
1-877-287-1373, email<EMAIL_ADDRESS>    Registration to Attend the Workshop: If you wish to attend the
workshop in person or by Webcast, you must register by submitting
either an electronic or written request no later than November 25,
2014. Please submit electronic requests at https://www.surveymonkey.com/s/CTP-December-Workshop. Persons without Internet
access may send written requests for registration to Caryn Cohen (see
Contact Person). Requests for registration must include the prospective
attendee's name, title, affiliation, address, email address if
available, and telephone number. Registration is free and you may
register to either attend in-person or view the live Webcast. Both
seating and viewership are limited, so early registration is
recommended. FDA may limit the number of registrants from a single
organization, as well as the total number of participants, if
registration reaches full capacity. For those registrants with Internet
access, confirmation of registration will be emailed to you no later
than November 26, 2014. Onsite registration may be allowed if space is
available. If registration reaches maximum capacity,

FDA will post a notice closing registration at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm. If you need special
accommodations due to a disability, please contact Caryn Cohen (see
Contact Person) no later than December 3, 2014.
    Presenters and Panelists: FDA is interested in gathering scientific
information from individuals with a broad range of perspectives on
technical topics to be discussed at the workshop. To be considered to
serve as a presenter, please provide the following:
     A brief abstract for each presentation. The abstract
should identify the specific topic(s) to be addressed and the amount of
time requested.
     A one-page biosketch that describes and supports the
speaker's scientific expertise on the specific topic(s) being
presented, nature of the individual's experience and research in the
scientific field, positions held, and any program development
activities.
    Panelists will sit on a panel to discuss their scientific knowledge
on the questions and presentations in each session. To be considered to
serve as a panelist, please provide the following:
     A one-page biosketch that describes and supports the
speaker's scientific expertise on the specific topic(s) being
presented, nature of the individual's experience and research in the
scientific field, positions held, and any program development
activities.
    If you are interested in serving as a presenter or panelist, please
submit the above information, along with the topic on which you would
like to speak, to<EMAIL_ADDRESS>by November 4, 2014.
    Oral Presentations by Members of the Public: This workshop includes
a public comment session. Persons wishing to present during the public
comment session must make this request at the time of registration and
should identify the topic they wish to address from among those topics
under consideration, which are identified in section II. FDA will do
its best to accommodate requests to present. FDA urges individuals and
organizations with common interests to consolidate or coordinate their
comments, and request a single time for a joint presentation. For those
requesters with Internet access, Caryn Cohen (see Contact Person) will
email you regarding your request to speak by November 26, 2014.
    Transcripts: A transcript of the proceedings will be available
after the workshop at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm as soon as the official transcript is finalized. It will
also be posted to the docket at http://www.regulations.gov once the
docket is opened.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public workshop to gather scientific
information and stimulate discussion among scientists about electronic
cigarettes (e-cigarettes). The focus of this workshop will be product
science (specifically device designs and characteristics, and e-liquid
and aerosol constituents), product packaging, constituent labeling, and
environmental impact. FDA intends to follow this workshop with two
additional workshops that will address other scientific topics related
to e-cigarettes, including: (1) The impact of e-cigarettes on
individual health, including clinical pharmacology, topography, abuse
liability, dependence, and health effects and (2) the impact of e-
cigarettes on the population, including discussions of product appeal
(e.g., impact of advertising, marketing, flavorings, consumer
perceptions) and product safety labeling.
    On April 25, 2014, FDA published a proposed rule to extend its
tobacco product authorities to additional products that meet the
statutory definition of ``tobacco product'' (Deeming Tobacco Products
to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended
by the Family Smoking Prevention and Tobacco Control Act; Regulations
on the Sale and Distribution of Tobacco Products and Required Warning
Statements for Tobacco Products; 79 FR 23141, April 25, 2014, Docket
No. FDA-2014-N-0189) (proposed deeming rule). If the proposed deeming
rule is finalized as proposed, e-cigarettes that are tobacco products
would be subject to FDA regulation under the FD&C Act. As stated in the
proposed deeming rule, FDA ``is aware of the recent significant
increase in the prevalence in e-cigarette use'' (79 FR 23141 at 23152),
and there is much to be learned about these relatively new entrants to
the market.
    These workshops are intended to better inform FDA about these
products. Should the Agency move forward as proposed to regulate e-
cigarettes, additional information about the products would assist the
Agency in carrying out its responsibilities under the law. This would
be true regardless of the details of any such final rule. Accordingly,
FDA is working to obtain such information now rather than waiting for
the conclusion of the deeming rulemaking.
    Participants should note that this workshop is not intended to
inform the Agency's deeming rulemaking. All comments regarding the
proposed deeming rule were to be submitted to the Agency by August 8,
2014 (Docket No. FDA-2014-N-0189). As such, the scope of this workshop
is limited to the topics presented in Section II.
    At the start of this first workshop in this series, FDA will
announce via a Federal Register notice the establishment of a docket
for submission of written comments. Regardless of attendance at the
public workshops, interested persons will be invited to submit comments
to the docket. The forthcoming Federal Register notice will provide
information on how to submit comments. Please note that this docket
will only pertain to this workshop. Comments submitted to the docket
will not be added to other dockets, such as the docket for the proposed
rule deeming additional tobacco products subject to the FD&C Act.

II. Topics for Discussion

    The public workshop will include presentations and panel discussion
regarding e-cigarettes and the public health, specifically relating to
the products themselves. Topics to be addressed include, for example:
(1) Product science (including design, chemistry, and toxicology);
packaging, labeling, and environmental impact assessments; (2)
potential risks and benefits of product characteristics; (3) strategies
to mitigate risk to users; (4) methods for evaluating product
performance, constituents, stability, etc.; and (5) potential risks to
the environment. Additional information related to workshop
presentations and discussion topics, including specific questions to be
addressed at the workshop, can be found at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm.

    Dated: September 11, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-22122 Filed 9-16-14; 8:45 am]
BILLING CODE 4164-01-P