[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53104]
[FR Doc No: 2021-20699]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4525-DR; Docket ID FEMA-2021-0001]

Utah; Amendment No. 6 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 Utah (FEMA-4525-DR), dated April 4, 2020, and related
determinations.

DATES: This amendment was issued August 5, 2021.

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 notice of a major disaster declaration
dated April 4, 2020 for the State of Utah is hereby amended to include
the Hazard Mitigation Grant Program.

    All areas within the State of Utah are eligible for assistance
under the Hazard Mitigation Grant Program.

    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. 2021-20699 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


Page 1 of 2 Triethylene Glycol ( 083501) Case 3145 Ecological Hazard Assessment and Environmental Risk Characterization Ecological effects data requirements were waived for triethylene glycol during the Phase IV review ( 8/ 20/ 92) due to its intended use as an indoor microbiocide, high volatility, and known low toxicity ( it is a preferred solvent for aquatic organism toxicity tests). Data obtained from published studies provide additional confirmation of the low toxicity of the compound to fish and aquatic invertebrates:

Species % ai Test Type Toxicity Reference Mysid ( Mysidopsis bahia) 99.9 96 hour static acute LC50 = 11,000 ppm MRID # 402284 01 ( Mayer, 1986)

Sheepshead minnow ( Cyprinodon variegatus) 99.9 96 hour static acute LC50 = 48,000 ppm MRID # 402284 01 ( Mayer, 1986)

Bluegill sunfish ( Lepomis macrochirus) unknown 96 hour static acute LC50 > 10,000 ppm Verschuren, 1983 Menidia beryllina unknown 96 hour static LC50 > 10,000 ppm Verschuren, 1983 Fathead minnow ( Pimephales promelas) unknown 96 hour flowthrough LC 50 59,900  77,400 ppm Geiger et al., 1988 A hydrolysis study is the only environmental fate data required for chemicals with an indoor use pattern. This data was waived for triethylene glycol during Phase IV review.

Environmental modeling was not performed for triethylene glycol. Its use as an indoor aerosol microbiocide would be unlikely to result in any significant outdoor environmental exposure.

Due to the low likelihood of environmental exposure and the demonstrated low toxicity of triethylene glycol, the ecological risk from the use of this chemical as an indoor aerosol microbiocide is presumed to be low. Page 2 of 2 References 40228401 Mayer, F. L. 1986. Acute Toxicity Handbook of Chemicals to Estuarine Organisms. Prepared by U. S. EPA Office of Reserach and Development, Environmental Research Laboratory, Gulf Breeze, FLA EPA/ 600/ X 36/ 231.

Geiger, D. L., Call, D. J., and Brooke, L. T. ( Eds). 1988. Acute Toxicities of Organic Chemicals to Fathead Minnows ( Pimephales promelas). Vol. IV. Superior Wisconsin: University of Wisconsin Superior. 131.

Verschuren, K. 1983. Handbook of Environmental Data of Organic Chemicals. 2nd ed. New York, NY: Van Nostrand Reinhold Co. 1153.


[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33538-33540]
[FR Doc No: 2016-12402]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0430]

Ingredients Declared as Evaporated Cane Juice; Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a guidance entitled ``Ingredients Declared as
Evaporated Cane Juice.'' The document advises industry of FDA's view
that sweeteners derived from sugar

cane, including those derived from sugar cane syrup, should not be
declared on food labels as ``evaporated cane juice.'' Instead, such
ingredients should be declared as ``sugar,'' preceded by one or more
truthful, non-misleading descriptors if the manufacturer so chooses.

DATES: Submit either electronic or written comments on FDA guidances at
any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2009-D-0430 for ``Ingredients Declared as Evaporated Cane Juice.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to Food
Labeling and Standards Staff/Office of Nutrition and Food Labeling,
Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. Send
two self-addressed adhesive labels to assist that office in processing
your request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance.

FOR FURTHER INFORMATION CONTACT: Andrea Krause, Center for Food Safety
and Applied Nutrition (HFS-820), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry
entitled ``Ingredients Declared as Evaporated Cane Juice.'' We are
issuing this guidance consistent with FDA's good guidance practices
regulation (21 CFR 10.115). The guidance represents the current
thinking of FDA on this topic. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.
    In the Federal Register of October 7, 2009 (74 FR 51610), we
announced the availability of a draft guidance for industry entitled
``Guidance for Industry: Ingredients Declared as Evaporated Cane
Juice'' and invited comment by December 7, 2009. The draft guidance,
which was issued in response to the use of the term ``evaporated cane
juice'' on food labels, stated FDA's view that ``evaporated cane
juice'' is not the common or usual name of any sweetener and that the
ingredient in question should instead be declared as ``dried cane
syrup.'' In the Federal Register of March 5, 2014 (79 FR 12507), we
reopened the comment period until May 5, 2014, and requested further
comments, data, and information about the basic nature and
characterizing properties of the ingredient sometimes declared as
``evaporated cane juice,'' how this ingredient is produced, and how it
compares with other sweeteners.
    We received numerous comments on the draft guidance, including many
that included information about the processing and refining of
ingredients made from sugar cane. We have modified the final guidance
where appropriate. In addition, we made editorial changes to improve
clarity. Based on comments stating that the ingredient sometimes
declared as evaporated cane juice is not made from cane syrup as
defined in 21 CFR 168.130, FDA is no longer recommending that this
ingredient be labeled as ``dried cane syrup.'' Instead, the guidance
advises that ingredients currently being declared as ``evaporated cane
juice,'' as well as other ingredients that meet the description of
``sucrose'' in 21 CFR 184.1854, should be declared using the term
``sugar,'' accompanied by a truthful, non-misleading descriptor if the
manufacturer so desires. The guidance announced in this notice

finalizes the draft guidance dated October 2009.
    FDA encourages firms that market sugar cane-derived sweeteners or
products that contain a sugar cane-derived sweetener to review the
final guidance and consider whether the name under which the sweetener
is declared in food labeling accurately describes its basic nature and
characterizing properties, as required by the common or usual name
regulation (21 CFR 102.5). As explained in the final guidance, our view
is that products currently labeled as containing ``evaporated cane
juice'' should be relabeled to use the name ``sugar,'' optionally
accompanied by a truthful, non-misleading descriptor to distinguish the
ingredient from other cane-based sweeteners. FDA would not object to
the use of stickers to make this change until the next regularly
scheduled label printing.

II. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/FoodGuidances or http://www.regulations.gov.
Use the FDA Web sites listed previously to find the most current
version of the guidance.

    Dated: May 20, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-12402 Filed 5-25-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22839-22840]
[FR Doc No: 2019-10449]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0045; FRL-9992-39]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before June 19, 2019.

ADDRESSES: Submit your comments, identified by the Docket
Identification (ID) Number and the File Symbol or EPA Registration
Number of interest as shown in the body of this document, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing
address, include the contact person's name, division, and mail code.
The division to contact is listed at the end of each application
summary.

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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).

     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.

III. New Uses

    1. EPA Registration Numbers: 100-1571, 100-1614, 100-1624, 352-890,
352-924. Docket ID number: EPA-HQ-OPP-2019-0128. Applicant: Syngenta
Crop Protection, LLC, P.O. Box 18300, 410 Swing Road, Greensboro, NC
27419. Active ingredient: Oxathiapiprolin. Product type: Fungicide.
Proposed use: Bushberry Crop Subgroup 13-07B, except lowbush blueberry
and Tree Nuts Crop Group 14-12. Contact: RD
    2. EPA Registration Number: 279-3013 (Technical) and 279-3051.
Docket ID number: EPA-HQ-OPP-2018-0683. Applicant: FMC. Active
ingredient: Permethrin. Product type: Insecticide. Proposed use:
Celtuce; Cherry subgroup 12-12A; fennel, florence; leaf petiole
vegetable subgroup 22B; peach, subgroup 12-12B; tea, plucked leaves at
20 ppm; vegetable, tuberous and corm, subgroup 1C; and a regional
tolerance in/on fruit, small, vine climbing, except fuzzy kiwifruit,
subgroup 13-07F. Contact: RD.
    3. EPA Registration Number: 2724-478, 2724-481. Docket ID number:
EPA-HQ-OPP-2019-0095. Applicant: Wellmark International, 1501 E.
Woodfield Rd., Suite 200 W, Schaumburg, IL 60173, Active ingredient:
Tau-fluvalinate. Product type: Insecticide. Proposed use: Use for
outdoor areas, including residential and non-residential landscaped
areas around institutional, public, commercial and industrial
buildings, lawns, parks, recreational areas, schoolyards, athletic
field, kennels, runs, and other areas where pets may frequent. Contact:
RD.
    4. EPA Registration Number: 45728-GE; 45728-GG. Docket ID number:
EPA-HQ-OPP-2019-0092. Applicant: Taminco US LLC, 200 S. Wilcox Drive,
Kingsport, TN 37660-5147. Active ingredient: Chlormequat chloride.
Product type: Plant growth regulator. Proposed uses: Wheat, triticale,
barley, oats, and grasses grown for seed. Contact: RD.
    5. EPA Registration Number: 59639-185 and 59639-186. Docket ID
number: EPA-HQ-OPP-2019-0154. Applicant: Valent U.S.A. LLC, P.O. Box
8025, Walnut Creek, CA 94596-8025. Active ingredient: Ethaboxam.
Product type: Fungicide. Proposed use: Cowpea and field pea. Contact:
RD.
    6. EPA Registration Numbers: 71711-6, 71711-25 and 71711-27. Docket
ID number: EPA-HQ-OPP-2018-0514. Applicant: Nichino America. Active
ingredient: Pyraflufen-ethyl. Product type: Defoliant. Proposed use:
Cottonseed, subgroup 20C; fruit, small vine climbing, except fuzzy
kiwifruit, subgroup 13-07F; fruit, stone, crop group 12-12; hop, dried
cones; nut, tree, group 14-12; tropical and subtropical, small fruit,
edible peel, crop subgroup 23A; vegetable, tuberous and corm, subgroup
1C. Contact: RD.

    Authority:  7 U.S.C. 136 et seq.

    Dated: April 23, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-10449 Filed 5-17-19; 8:45 am]
 BILLING CODE 6560-50-P


                                  UNITED STATES OF AMERICA

                           DEPARTMENT OF TRANSPORTATION

                                    OFFICE OF THE SECRETARY

                                           WASHINGTON, D.C.

Issued by the Department of Transportation on February 20, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-16899

________________________________________________________________________ ________________________________________________________

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

Application of     US Airways, Inc.  filed   1/9/2004 for:

 XX  Exemption for two years under 49 U.S.C.

Scheduled foreign air transportation of persons, property, and mail between Orlando, Florida, and Hamilton, Bermuda.

In its application, US Airways states that that, under U.S. Route 4 of the U.S.-U.K. Air Services Agreement, U.S. carriers my serve Bermuda from several designated U.S. points.  It asks that the U.S. Government substitute Orlando as an available U.S. gateway in place of one of several long-dormant U.S. gateways on the Route, stating that the dormant U.S. gateways are currently providing no public benefits.1  US Airways states that it proposes to commence its proposed Orlando-Bermuda service in May, 2004, using A-319 aircraft, and to conduct these operations on a seasonal basis.

On January 26, 2004, United Air Lines, Inc. filed an answer to the application.  United states that it does not object to US Airways’ request per se, but does oppose any request by the United States to substitute Orlando for the current Chicago gateway.

Applicant rep:    Howard Kass,<PHONE_NUMBER>    DOT Analyst:   George Wellington<PHONE_NUMBER>

D I S P O S I T I O N

 XX  Granted, subject to conditions (See below).

The action above was effective when taken: February 20, 2004 through February 20, 2006.

Action taken by:   Paul L. Gretch, Director

          Office of International Aviation

 XX  Grant of authority is based on comity and reciprocity with the United Kingdom (see remarks below).

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

 XX  Holder’s certificates of public convenience and necessity

 XX  Standard Exemption Conditions (attached)

1  The U.S. gateways not currently receiving U.S. carrier service on U.S. Route 4 are Chicago, Detroit, and Miami.

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

Remarks:  We are granting this authority on an extrabilateral basis, in view of an Exchange of Letters between representatives of the United States and the United Kingdom.2  In that Exchange of Letters, the U.K. authorities indicated their willingness to permit US Airways to conduct the services authorized here on the basis of comity and reciprocity, in addition to those rights available to the United States under U.S. Route 4 of the U.S.-U.K. Agreement, and the U.S. authorities stated that they were prepared to allow a U.K.-designated carrier to operate between Bermuda and a U.S. gateway selected by the Government of the United Kingdom in addition to those rights available to the United Kingdom under U.K. Route 8 of that Agreement.3

In light of the intergovernmental exchange noted above, we need not address US Airways’ request that we substitute Orlando for an existing U.S. gateway on U.S. Route 4 of the Agreement.

________________________________________________________________________ _____________________________

On the basis of data officially noticeable under Rule 24(g) of the Department’s regulations, we found the applicant qualified to provide the services authorized.

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

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR

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

http://dms.dot.gov/reports_aviation.asp

2  See January 30, 2004, letter from the British Embassy to the Department of State, and the February 9, 2004, response.  Copies of these letters have been placed in Docket OST 2004-16899.

3  On February 5, 2004, US Airways filed an application in Dockets OST 2001-11152 and OST 1996-1839 to renew certain exemption authorities.  In that application, US Airways asked that we consolidate a number of proceedings, including the Orlando-Bermuda proceeding before us here, into a single Docket, with a common expiration date for the authorities involved.  We will act on this request of US Airways at a later date.

      APPENDIX

 U.S. Carrier Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1)  Hold at all times effective operating authority from the government of each country served;

(2)  Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR 241;

(4)  Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation Administration and with all applicable U.S. Government requirements concerning security.  To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served; and

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

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

           8/2003


[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86945-86946]
[FR Doc No: 2020-28926]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2020-0041; OMB No. 1660-0047]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Request for Federal Assistance Form--How To Process
Mission Assignments in Federal Disaster Operations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: 60-Day notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on a revision of
a currently approved information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the collection of information necessary to allow FEMA to support the
needs of State, Tribes, and Territories during disaster situation
through the use of other Federal agency resources.

DATES: Comments must be submitted on or before March 1, 2021.

ADDRESSES: Submit comments at www.regulations.gov under Docket ID FEMA-
2020-0041. Follow the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. All submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Pat Foster,<PHONE_NUMBER> or<EMAIL_ADDRESS>You may contact the Records Management
Division for copies of the proposed collection of information at email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: According to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121 et
seq., FEMA is authorized to provide assistance before, during, and
after a disaster has impacted a State, Tribe, or Territory. For a major
disaster, the Stafford Act authorizes FEMA to direct any agency to
utilize its existing authorities and resources in support of State,
Tribe, and Territory assistance response and recovery efforts. See 42
U.S.C. 5170(a)(1). For an emergency, the Stafford Act authorizes FEMA
to direct any agency to utilize its existing authorities and resources
in support of State and local emergency assistance efforts. See 42
U.S.C. 5192(a)(1). FEMA may task other Federal agencies to assist
during disasters and to support emergency efforts by State and local
governments by issuing a mission assignment to the appropriate agency.
See 44 CFR 206.5, 206.208. FEMA collects the information necessary to
determine what resources are needed and if a mission assignment is
appropriate. The information collected explains which States, Tribes,
Territories require assistance, what needs to be accomplished, details
any resource shortfalls, and explains what assistance is required to
meet these needs.

Collection of Information

    Title: Request for Federal Assistance Form--How to Process Mission
Assignments in Federal Disaster Operations.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0047.
    FEMA Forms: FEMA Form 010-0-7, Resource Request Form; FEMA Form
010-0-8, Mission Assignment; FEMA Form 010-0-8A, Mission Assignment
Task Order.
    Abstract: If a State, Tribe, or Territory determines that its
capacity to respond to a disaster exceeds its available resources, it
may submit to FEMA a request that the work be accomplished by a Federal
agency. This request documents how the response requirements exceed the
capacity for the State to respond to the situation on its own and what
type of assistance is required. FEMA reviews this information and may
issue a mission assignment to the appropriate Federal agency to assist
the State in its response to the situation.
    Affected Public: State, Tribe, or Territory Government.
    Number of Respondents: 40
    Number of Responses: 19,220.
    Estimated Total Annual Burden Hours: 6,559 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $475,003. There are no annual costs to respondents for
operations and maintenance costs for technical services. There are no
annual start-up or

capital costs. The cost to the Federal Government is $41,643.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Maile Arthur,
Acting, Records Management Program Chief, Mission Support, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2020-28926 Filed 12-30-20; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15216-15219]
[FR Doc No: 2018-07187]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0008]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 17 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before May 9, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0008 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    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., e.t., Monday
through Friday, except Federal holidays. The 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 online.
    Privacy Act: 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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 17 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Leobardo Antunez

    Mr. Antunez, 66, has had a macular cyst in his left eye since 2000.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2018, his optometrist stated, ``In my
professional/medical opinion, Leobardo has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Antunez reported that he has driven tractor-trailer combinations for 17
years, accumulating 1 million miles. He holds a Class A CDL from
Washington. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Jason P. Dostal

    Mr. Dostal, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2017, his optometrist stated, ``Has
sufficient vision to operate a commercial vehicle.'' Mr. Dostal
reported that he has driven straight trucks for seven years,
accumulating 182,000 miles. He holds a Class A CDL from Indiana. His
driving record for the last three years shows no crashes and no

convictions for moving violations in a CMV.

John C. Duncan

    Mr. Duncan, 68, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/200.
Following an examination in 2017, his ophthalmologist stated, ``In my
medical opinion, Mr. John Duncan has the sufficient vision to perform
the driving tasks required to operate a commercial vehicle land or
water.'' Mr. Duncan reported that he has driven straight trucks for 43
years, accumulating 64,500 miles, tractor-trailer combinations for five
years, accumulating 15,000 miles, and buses for 24 years, accumulating
48,000 miles. He holds a Class BM CDL from New York. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Kenneth M. Emerson

    Mr. Emerson, 66, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2017, his optometrist stated, ``Kenneth has
adequate vision to drive a commercial vehicle.'' Mr. Emerson reported
that he has driven straight trucks for seven years, accumulating
700,000 miles. He holds an operator's license from Idaho. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Michael C. Farley

    Mr. Farley, 62, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/160, and in his left eye, 20/20.
Following an examination in 2017, his optometrist stated, ``In my
medical opinion he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Farley reported that he
has driven tractor-trailer combinations for seven years, accumulating
700,000 miles. He holds a Class A CDL from Florida. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Steven W. Kyman

    Mr. Kyman, 58, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2017, his optometrist stated, ``Nothing
in our vision testing indicates Mr. Kyman should not continue to
possess a CDL and drive a commercial vehicle.'' Mr. Kyman reported that
he has driven tractor-trailer combinations for 14 years, accumulating
1.68 million miles. He holds a Class A CDL from Oregon. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Jeffrey T. Landry

    Mr. Landry, 53, has had optic neuropathy in his left eye since
2015. The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2017, his ophthalmologist
stated, ``He has sufficient vision in his right eye to operate a
commercial vehicle, and has been successfully over the last [two] years
per his report.'' Mr. Landry reported that he has driven straight
trucks for four years, accumulating 48,000 miles, and tractor-trailer
combinations for 32 years, accumulating 3.8 million miles. He holds a
Class A CDL from North Carolina. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

David A. Margetson

    Mr. Margetson, 39, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``In my opinion, there is no concern for him to operate a commercial
vehicle due to his vision'' Mr. Margetson reported that he has driven
straight trucks for 11 years, accumulating 215,644 miles. He holds an
operator's license from Michigan. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Trent C. McCain

    Mr. McCain, 41, has had retinopathy in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
30. Following an examination in 2017, his optometrist stated, ``In my
medical opinion, Trent McCain has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. McCain
reported that he has driven straight trucks for 28 years, accumulating
28,000 miles, and tractor-trailer combinations for 17 years,
accumulating 1.44 million miles. He holds a Class A CDL from Kansas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

David M. McCarty

    Mr. McCarty, 51, has a corneal scar in his left eye due to a
traumatic incident in 1986. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2017, his optometrist stated, ``My medical opinion is that David has
sufficient vision to operate commercial vehicles.'' Mr. McCarty
reported that he has driven straight trucks for 28 years, accumulating
420,000 miles, and tractor-trailer combinations for 28 years,
accumulating 420,000 miles. He holds a Class A CDL from Oregon. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Jeffrey W. Pike, Jr.

    Mr. Pike, 41, has a cataract in his right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2018, his optometrist stated, ``In my opinion he has sufficient vision
to perform driving tasks required to operate a commercial vehicle and
has done so successfully for many years.'' Mr. Pike reported that he
has driven straight trucks for 25 years, accumulating 250,000 miles,
and tractor-trailer combinations for 23 years, accumulating 1.8 million
miles. He holds a Class A CDL from Minnesota. His driving record for
the last three years shows no crashes and no convictions for moving
violations in a CMV.

Jess C. Sanchez

    Mr. Sanchez, 44, has had retinal ischemia in his left eye due to
lupus since 2007. The visual acuity in his right eye is 20/15, and in
his left eye, no light perception. Following an examination in 2017,
his ophthalmologist stated, ``From a visual perspective, he has
adequate vision to perform driving test required to operate a
commercial vehicle.'' Mr. Sanchez reported that he has driven tractor-
trailer combinations for 29 years, accumulating 1.7 million miles. He
holds a Class A CDL from Texas. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Ermanno M. Santucci

    Mr. Santucci, 39, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2017, his optometrist
stated, ``Patient has sufficient vision to perform driving tasks and
drive a commercial vehicle.'' Mr. Santucci reported that he has driven
straight trucks for five years, accumulating 135,150 miles. He holds a
Class B CDL

from Illinois. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

John R.A.Taylor

    Mr. Taylor, 67, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2017, his optometrist stated, ``I
certify that in my professional opinion, John R. A. Taylor has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Taylor reported that he has driven straight
trucks for 20 years, accumulating 300,000 miles. He holds a Class B CDL
from Virginia. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Justin L. Tidyman

    Mr. Tidyman, 35, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/25. Following an examination in 2018, his optometrist
stated, ``I feel that My. [sic] Tidyman has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Tidyman reported that he has driven straight trucks for 20 years,
accumulating 1.4 million miles, and tractor-trailer combinations for
seven years, accumulating 140,000 miles. He holds a Class A CDL from
Arkansas. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Raul Torres Malaga

    Mr. Torres Malaga, 60, has had amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2017, his optometrist stated,
``Upon completing the eye exam, I find Mr. Torres visually capable to
operate a motor vehicle of any kind, including commercial vehicles.''
Mr. Torres Malaga reported that he has driven straight trucks for one
year, accumulating 9,100 miles, and tractor-trailer combinations for
three years, accumulating 60,900 miles. He holds a Class A CDL from
Florida. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Timothy L. Tucker

    Mr. Tucker, 46, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2017, his optometrist stated, ``Patient,
Tim Tucker, should be allowed to operate a commercial vehicle with no
restrictions with respect to his visual status.'' Mr. Tucker reported
that he has driven straight trucks for 15 years, accumulating 465,000
miles. He holds an operator's license from Kentucky. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0008 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0008 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: April 2, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07187 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P


                                    Agenda                            Siloxane ECA Negotiation -------------------------------------------------------------------------------- June 27, 2012, 10:00 AM  -  1:00 PM, Room 1117A EPA East

10:00 Introductions, Purpose, Goals, and Objectives 		Paul Lewis, EPA

10:10 Identification interested parties					Paul Lewis, EPA

10:30 Industry presentation 						Karluss Thomas, SEHSC

11:00 Interested Party comments					Paul Lewis, EPA

11:30 EPA's response							Ward Penberthy, EPA

12:00 Discussion/summation/resolution				Participants

12:45 Next steps							Paul Lewis, EPA

1:00 Adjourn

                                        Agenda times are approximate.

The Docket number for this enforceable consent agreement is EPA-HQ-OPPT-2012-0209.  This docket can be found at regulations.gov    http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=epa-hq-oppt-2012-0209 .

Contact Bob Jones at<EMAIL_ADDRESS>or<PHONE_NUMBER> for further information.


[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35731-35732]
[FR Doc No: 2012-14574]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67173; File No. SR-CBOE-2012-054]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

June 8, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 1, 2012, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/Legal/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange 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. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange recently amended the Customer Large Trade Discount in
its Fees Schedule to state that for any Trading Permit Holder that
executes 750,000 or more customer VIX options contracts in a month,
regular customer transaction fees will only be charged up to the first
7,500 VIX options contracts per order in that month (the
``Amendment'').\3\ The Amendment was to take effect on June 1, 2012.
However, since submitting the Amendment, the Exchange has learned that
a number of technical and billing issues would prevent the effective
institution of the Amendment. As such, the Exchange hereby proposes to
remove from the Fees Schedule the language added by the Amendment. The
Exchange may, at some point in the future, re-add such language (or
similar language) when such issues have been resolved.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67065 (May 25,
2012), 77 FR 32707 (June 1, 2012) (SR-CBOE-2012-047).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \5\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. The removal of the language in the Amendment
removes impediments to and perfects the mechanism for a free and open
market by eliminating potential issues that would otherwise prevent the
effective institution of the Amendment.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \6\ of the Act and paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-054 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-054. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
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-CBOE-2012-054,
and should be submitted on or before July 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14574 Filed 6-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65113-65115]
[FR Doc No: 2018-27370]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0787; Airspace Docket No. 18-ASW-12]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Coushatta, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at The Red River Airport,
Coushatta, LA. Controlled airspace is necessary to accommodate new
standard instrument approach procedures developed at The Red River
Airport, for the safety and management of instrument flight rules (IFR)
operations.

DATES: Comments must be received on or before February 4, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0787; Airspace Docket No. 18-ASW-12, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online 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 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

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
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 would establish Class E airspace extending upward from 700 feet
above the surface at The Red River Airport, Coushatta, LA, in support
of standard instrument approach procedures for IFR operations at the
airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0787;
Airspace Docket No. 18-ASW-12.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace-amendments/">http://www.faa.gov/air_traffic/publications/airspace-amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at The Red River Airport,
Coushatta, LA. This action would enhance safety and the management of
IFR operations at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 14 CFR 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 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW LA E5 Coushatta, LA [New]

The Red River Airport, LA
    (Lat. 31[deg]59'25'' N, long. 093[deg]18'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of The Red River Airport.

    Issued in Fort Worth, Texas, on December 12, 2018.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-27370 Filed 12-18-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Page 3231]
[FR Doc No: 2015-01005]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC15-58-000.
    Applicants: ALLETE Clean Energy, Inc., Chanarambie Power Partners
LLC.
    Description: Joint Application Under section 203 of the Federal
Power Act And Request for Waivers, Confidential Treatment, and
Expedited Consideration of ALLETE Clean Energy, Inc. and Chanarambie
Power Partners, LLC.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5008.
    Comments Due: 5 p.m. ET 2/4/15.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER14-2707-003.
    Applicants: Mammoth Plains Wind Project, LLC.
    Description: Notice of Non-Material Change in Status of Mammoth
Plains Wind Project, LLC.
    Filed Date: 1/13/15.
    Accession Number: 20150113-5182.
    Comments Due: 5 p.m. ET 2/3/15.

    Docket Numbers: ER14-2708-004; ER14-2709-003; ER15-30-001; ER14-
2710-003; ER15-58-001.
    Applicants: Seiling Wind, LLC, Seiling Wind II, LLC, Seiling Wind
Interconnection Services, LLC, Palo Duro Wind Energy, LLC., Palo Duro
Wind Interconnection Services, LLC.
    Description: Notice of Non-Material Change in Status of Seiling
Wind, LLC, et. al.
    Filed Date: 1/13/15.
    Accession Number: 20150113-5195.
    Comments Due: 5 p.m. ET 2/3/15.

    Docket Numbers: ER14-2820-003; ER14-2821-003.
    Applicants: Spring Canyon Energy II LLC, Spring Canyon Energy III
LLC.
    Description: Notification of Change in Facts of Spring Canyon
Energy II LLC, et. al.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5085.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-117-001.
    Applicants: ISO New England Inc.
    Description: Compliance filing per 35: 30-Day Compliance Filing on
ER15-117-000 and EL14-99 to be effective 10/17/2014.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5077.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-846-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
LGIA with Granite Wind, LLC to be effective 3/16/2015.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5001.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-847-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-01-14_CMMPA Attachment
O per Settlement to be effective 1/1/2014.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5162.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-848-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2014-
01-14_SA 2703 Ameren-ComEd Construction Agreement to be effective 1/6/
2015.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5166.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-849-000.
    Applicants: ITC Midwest LLC.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Filing of a Joint Use Pole Agreement to be effective 3/16/2015.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5215.
    Comments Due: 5 p.m. ET 2/4/15.

    Docket Numbers: ER15-850-000.
    Applicants: California Independent System Operator Corporation.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
01-14_EIM_Administrative Charge to be effective 1/15/2015.
    Filed Date: 1/14/15.
    Accession Number: 20150114-5227.
    Comments Due: 5 p.m. ET 2/4/15.

    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 5:00
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: January 14, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-01005 Filed 1-21-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96164-96165]
[FR Doc No: 2016-31503]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-0129]

Petition for Exemption; Summary of Petition Received; SkyFly
Cinema, LLC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before January 18, 2017.

ADDRESSES: Send comments identified by docket number FAA-2015-7598
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 http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://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: Dan Ngo,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 21, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-7598.
    Petitioner: SkyFly Cinema, LLC.
    Section(s) of 14 CFR Affected: Part 21; Sec. Sec.  43.7; 43.11;
45.11; 45.27; 45.29; 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a)
and (b), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1) and (b),
91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).
    Description of Relief Sought: The petitioner is requesting an
amendment to Exemption No. 16842 in order to operate the Copterworks
Af25b UAS at its full takeoff weight of 71 pounds for the purposes of
aerial photography, videography, and cinematography.

[FR Doc. 2016-31503 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-13-P


Served: April 21, 2003

Posted:  April 16, 2003

	 5:00 p.m.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

REQUEST FOR COMMENTS REGARDING IMPLEMENTATION

OF RURAL SERVICE IMPROVEMENT ACT

DOCKETS 14694 AND 14695

NOTICE

On August 2, 2002, the Rural Service Improvement Act of 2002 became law.  The Act concerns intra-Alaska mail.  Among other things, it requires the Secretary of Transportation to implement certain provisions of the Act.  The law requires that the Secretary use show-cause procedures to conduct a bush mail rate investigation to determine new rates and review the need for such every two years.  The Department has begun that process.  Order 2002-1-4 required the carriers to submit additional data to enable the Department to conduct such an investigation.

The new law also raises several issues that would have important effects on intra-Alaska mail.  As a result, the law requires the Department to act in several new areas, and we are requesting comments before we act.

First, paragraph (k)(4) requires that:

“(4) Carriers qualified to be tendered nonpriority bypass mail shall submit to the Secretary the number and type of aircraft in the carrier's fleet, the level of passenger insurance covering its fleet, and the name of the insurance company providing such coverage.”

Consistent with this paragraph, we have prepared an attachment, as a sample of what we would tentatively require carriers to report monthly.  We request comments on the sample report, particularly comments on whether there are alternative reporting requirements that would meet the statutory requirements in less burdensome ways.

Second, the law requires that the Postal Service tender mail to bush carriers based on the outbound passengers and freight the carriers transport in individual city pairs, relying on T-100 On-Flight O&D statistics.  The Department’s Bureau of Traffic Statistics (BTS) states that the T-100 will give different results depending on how carriers depict their flight schedules.  For example, for the same multi-stop route, if one carrier chose to assign two flight numbers and another only one, the results of the T-100 on-flight report would be inconsistent and carriers could manipulate the new system to receive more mail than appropriate.   We ask the carriers for comments about how to address this problem.  As an interim solution, we will tentatively require that beginning 60 days after the issuance of this notice carriers wishing to participate in the tender of mail assign flight numbers such that single-plane operations between hubs be assigned only one flight number in the T-100.  That does not resolve what to do for the data from July 1, 2002, until the tentative solution above is implemented.  The law says that for the first tender of mail under the new system, the Postal Service will rely on an annual pool of data, and we anticipate the YE 6/30/03 will be that period.  It must thus be decided whether mail tender in the initial period will be determined on less than a full year of data, on the basis of potentially inconsistent annual data, thereby delaying the implementation of the new tender system, or by requiring the carriers to resubmit prior data in a consistent format as discussed above.  We request that the parties comment on this issue.

Third, section (k)(5) of the law provides that:

“(5) Not later than 30 days after the last day of each calendar month, carriers qualified or attempting to be qualified to be tendered nonpriority bypass mail shall report to the Secretary the excise taxes paid by city pair to the Department of the Treasury and the weight of and revenue earned by the carriage of nonmail freight.  Final compiled data shall be made available to carriers providing service in the hub.”

We have discussed this issue with BTS and the Postal Service.  Some carriers have informally stated that quantifying excise taxes by market would prove difficult, if not impossible.  It is not clear from the legislative history what the purpose is of carriers reporting excise taxes by route. We thus request comments on the best method to meet the requirements of the law.

Fourth, in paragraph (s), the law provides that:

“(d) Actions of Air Carriers To Qualify--Beginning 6 months after the date of enactment of this Act, if the Secretary determines, based on the Secretary's findings and recommendations of the Postal Service, that an air carrier being tendered nonpriority bush bypass mail is not taking actions to attempt to qualify as a bush passenger or nonmail freight carrier under section 5402 of title 39, United States Code (as amended by this title), the Postal Service shall immediately cease tender of all nonpriority bypass mail to such carrier.”

Carriers making no effort to carry traffic other than mail are to be excluded from mail tender, but the law does not state how the Department is to determine whether the carrier is making an effort to become a passenger or freight carrier.  This provision also raises the question as to whether carriers must carry passengers or freight in all markets to receive mail.  Conversely, if a carrier carries only one passenger in one market, should it be eligible to carry mail in all markets it serves?  An option would be to require the mail-only carriers to demonstrate to the Department the steps that they have taken to begin carrying passengers or freight.  We request comments on this issue.

Fifth, the law provides for preferential tender to carriers providing service under an FAA certificate issued under 14 CFR Part 121, large aircraft operations.  Carriers cannot operate under Part 121 unless the FAA approves such operations under the carrier’s own operation specifications.  The USPS has taken the position that if an airport is certificated for Part 121 aircraft and if a Part 121 carrier is serving the market, it would pay the (lower) Part 121 rate, even if the service were actually provided with small Part 135 aircraft.  We tentatively propose to require all carriers to report on a monthly basis, in Attachment A, any airports listed on their operation specifications certificated for Part 121 service.  In addition, to report all aircraft in their fleet that are Part 121 certified should they wish to qualify for such preference.

Sixth,

In paragraph 18, the law defines as a “121 bush passenger carrier a bush passenger carrier providing passenger service on bush routes under part 121.”  Elsewhere, under Section 5(h)(2)(B), the law provides that 19-seat Part 121 aircraft are to receive preferred tender compared to part 135 aircraft.  Finally, the law provides that the Department shall establish three bush mail rates:  for Part 121, Part 135, and amphibious aircraft.

“6(B) The Secretary shall establish a bush rate based on data collected under subsection (k) from 121 bush passenger carriers. Such rates shall be paid to all bush passenger carriers operating on city pair routes in the State of Alaska where a 121 bush passenger carrier is tendered nonpriority bypass mail.”

Some aircraft types operating under Part 121 are not 19-seat aircraft, and might not receive the favored treatment explicitly contemplated under Section 5(h)(2)(b).  We ask for comment on whether the Department should only include the costs of 19-seat Part 121 aircraft in determining the Part-121 rate?  If so, what is to be done with the costs of Part 121 aircraft certificated for fewer than 19 seats?  Should they be assigned to the Part 121 cost pool, the Part 135 cost pool, disregarded, or should they be used to establish yet a fourth bush rate, i.e., a Part 121 rate for aircraft with fewer than 19 seats?

Seventh

A number of new ratemaking issues will arise under the base rate investigation we are to conduct.  There will be a narrow window between when the final data is submitted and when the Department issues an order.  Because this will be an investigation rather than a simple update, we encourage the parties to submit preliminary comments about any potential ratemaking issues before the show-cause order issues.  To assist the parties in their comments and to expedite matters, we will provide a quarterly profile of the bush industry when the data becomes available.

Eighth

Paragraph k(2) requires that

“(k)(2) In order to ensure sufficient, reliable, and timely traffic data to meet the requirements of this subsection, the Secretary shall require--``(A) the monthly submission of the bush carrier's data on T-100 diskettes, or any other suitable form of data collection, as determined by the Secretary; and``(B) the carriers to retain all books, records, and other source and summary documentation to support their reports and to preserve and maintain such documentation in a manner that readily permits the audit and examination by representatives of the Postal Service or the Secretary.”

“(3) Documentation under paragraph (2) shall be retained for 7 years or until the Secretary indicates that the records may be destroyed. Copies of flight logs for aircraft sold or disposed of shall be retained.”

In addition, under this provision, it would appear necessary that all flight logs would have to indicate the aircraft type, the pilot, the entire routing, the day of the flight.  In addition, in order to document the reported traffic, it would appear that carriers would have to retain copies of invoices of passenger tickets and freight bills.  We also request comment regarding other documents that carriers normally produce and can readily retain, as well as less burdensome means for carriers to document their schedule integrity and traffic reported.

We encourage comments on these tentative positions as well as any other issues that the carriers, USPS, or any other party would like to comment on.  After examining the comments, the Department will determine what, if any, further steps should be undertaken.  We therefore request all parties to Docket 1995-405 to supply comments and supporting information, as requested, within 30 days of the service date of this notice, and replies to the comments to be filed no later than 15 days after the initial comment filing date.  Comments should be sent to: U.S. Department of Transportation, PL 401, Docket Operations, 400 7th Street, SW, Washington, D.C. 20590, Dockets 2003-14694 and 14695.

We shall serve this notice on all persons on the service list in this docket.

By:

	READ C. VAN DE WATER

							Assistant Secretary for Aviation

							    and International Affairs

(SEAL)

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

  HYPERLINK "http://dms.dot.gov"  http://dms.dot.gov

	Attachment A

Monthly Excise Taxes, Fleet Inventory, Insurance, and Airport Specifications

Safety Information

Two

Three

Phone

Code-Share

Name

d/b/a

Letter Code

Letter Code

Number

Partner

	Carrier Identifier	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	FAA POI	XX	 	 	 	 	 	 	 	XX

	Insurance Company(s) 	XX 	 	 	 	 	 	 	 	XX

	Insurance Company(s)  	XX 	 	 	 	 	 	 	 	XX

Excise Tax Information

Non-Mail

Skd. Psgr.

Skd. Freight

Mail

Other

System

	Excise Taxes	XX	 	XX	 	XX	 	XX	 	XX

Fleet and Insurance Information 1/

	Aircraft Tail	Aircraft

Aircraft

Type of

Payload

Number of

Liability Insur.

	Number	Type 2/

Code 2/

Operation 3/

Capacity 4/

Insured Seats 5/

per Seat ($$)

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	XX	XX	 	XX	 	XX	 	XX	 	XX	 	XX

	List of  Airports That Carrier's Operations Specifications Authorized Service to Under Part 121

	ANC

1/ Aircraft was operable and insured at any time during the month, although aircraft was not necessarily operated.

2/ Using BTS reporting system for aircraft type and code number.

	3/ Either Part 121, Part 135, or Amphibious.

	4/ In pounds

5/ Passenger seats only, exclude pilot and co-pilot.

  Differences in how flight numbers are assigned would distort how traffic is reported.  For example, assume a carrier operating Hub to A to B assigns one flight number from Hub to A and a different flight number from A to B.  If 10 passengers boarded the plane at the Hub and 3 were bound for point A and 7 were bound for B, the carrier would report 10 Hub to A passengers and 7 A to B passengers.  In contrast, if the carrier assigns a single flight number for the itinerary, the carrier would correctly report 3 Hub to A passengers and 7 Hub to B passengers.  This reporting inconsistency could affect the carriers’ relative standing for mail tender.

 The problem outlined in paragraph (2), above, with flight numbers affects the T-100 Market O&D report, but would not affect the segment reports which would appear to be the only traffic reports critical for calculating the various mail rates.

 The original submissions is to be unbound and without tabs on 81/2’ x 11” white paper using dark ink (not green) to facilitate use of the Department’s docket imaging system.  In the alternative, filers are encouraged to use the electronic submission capability available through the Dockets/DMS Internet site (http://dms.dot.gov) by following the instructions on the web site.

- PAGE 7 -