[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29551-29552]
[FR Doc No: 2018-13495]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-500-000]

Notice of Application: Rover Pipeline LLC

    Take notice that on June 8, 2018, Rover Pipeline LLC (Rover), 1300
Main Street, Houston, Texas 77002, filed in Docket No. CP18-500-000 an
application pursuant to section 7(c) of the Natural Gas Act (NGA) and
Part 157 of the Commission's regulations for authorization to operate a
new receipt point consisting of an existing side tap on Rover's
Burgettstown Lateral in Washington County, Pennsylvania (Revolution
Receipt Point Project). Rover states that there are no associated
construction activities or costs for the Revolution Receipt Point
Project because its side tap was installed during the construction of
the Burgettstown Lateral. The Revolution Receipt Point will receive up
to 525,000 dekatherms per day from ETC Northeast Pipeline LLC, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing is available for
review at the Commission in the Public Reference Room or may be viewed
on the Commission's website web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at [email protected] or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Blair Lichtenwalter, Senior Director, Regulatory Affairs, Rover
Pipeline LLC, 1300 Main Street, Houston, Texas 77002 at<PHONE_NUMBER>
or by email at [email protected].
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: July 9, 2018.

    Dated: June 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-13495 Filed 6-22-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Rules and Regulations]
[Pages 7482-7491]
[FR Doc No: 2011-2834]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 45, 110, 119, 121, 129, and 135

[Docket No. FAA-2009-0140; Amendment Nos. 45-27, 110-1, 119-14, 121-
353, 129-49, and 135-124]
RIN 2120-AJ45

Operations Specifications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment clarifies and standardizes the rules for
applications by foreign air carriers and foreign persons for part 129
operations specifications and establishes new standards for amendment,
suspension, and termination of those operations specifications. In
addition, the FAA has moved definitions currently contained in a
subpart to a separate part for clarity with no substantive changes to
the definitions. The amendment also applies to foreign persons
operating U.S.-registered aircraft in common carriage solely outside
the United States. This action is necessary to update the process for
issuing operations specifications and establishes a regulatory basis
for current practices, such as amending, terminating, or suspending
operations specifications.

DATES: Effective Date: These amendments become effective April 11,
2011.
    Compliance Date: The compliance date for Sec.  129.9(a)(2) and
(b)(2) is February 10, 2012. Affected parties do not have to comply
with the information collection requirement in Sec.  129.7 until the
FAA publishes in the Federal Register the control number assigned by
the Office of Management and Budget (OMB) for this information
collection requirement. Publication of the control number notifies the
public that OMB has approved this information collection requirement
under the Paperwork Reduction Act of 1995. Compliance with all other
provisions of the final rule is required by April 11, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Darcy D. Reed, International Programs and
Policy Division, AFS-50, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail<EMAIL_ADDRESS>Telephone:<PHONE_NUMBER>. For legal
questions concerning this final rule contact Lorna John, Office of the
Chief Counsel, Regulations Division, AGC-200, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591; e-
mail<EMAIL_ADDRESS>Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on 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 issued under the authority described in Title 49
of the United States Code, subtitle VII, part A, subpart III, section
44701(a)(5). Under that section, the Administrator is charged with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary to ensure safety in air
commerce. Clarifying and standardizing the rules for application and
establishing new standards for amendment, suspension, and termination
of operations specifications issued to foreign air carriers operating
in the United States and to foreign air carriers or foreign persons
conducting common carriage operations with U.S.-registered aircraft
solely outside the United States enhances the FAA's oversight of U.S.-
registered aircraft and those foreign air carriers' operations within
the United States.

Background

A. Summary of the Notice of Proposed Rulemaking (NPRM)

    On May 7, 2010, the FAA published an NPRM that proposed to amend
the regulations governing foreign air carrier operations within the
United States and the operations of U.S.-registered aircraft solely
outside the United States in common carriage (75 FR 25127).
Specifically, the FAA proposed to clarify and standardize the rules for
applications by foreign air carriers and foreign persons for operations
specifications issued under 14 CFR part 129 and establish new standards
for amendment, suspension, and termination of those operations
specifications. In addition, the FAA proposed moving definitions
currently contained in part 119 to a new part 110 for clarity with no
substantive changes to the definitions. The comment period closed on
August 5, 2010. As discussed below, the FAA received no adverse
comments on the NPRM; therefore, the changes to the regulations in the
final rule are the same as proposed in the NPRM, except for minor
editorial changes.

B. Summary of the Final Rule

    This final rule clarifies and standardizes the rules for
applications for operations specifications issued under 14 CFR part 129
by foreign air carriers conducting operations within the United States
and foreign air carriers and foreign persons operating U.S.-registered
aircraft in common carriage solely outside the United States. The rule
also establishes new standards for amendment, suspension and
termination of those operations specifications. As described in the
NPRM, this final rule adds three new sections to subpart A, Sec.
129.5, Operations Specifications; Sec.  129.7, Application, issuance,
or denial of operations specifications; and Sec.  129.9 Contents of
operations specifications. It also amends Sec.  129.11 to specifically
address amendment, suspension, and termination of operations
specifications.
    Section 129.5 describes which foreign air carriers or foreign
persons must hold FAA operations specifications and the effective
period of such operations specifications. Section 129.5 also requires
the foreign air carrier to keep each of its employees, and other
persons used in its operations, informed of the provisions of its FAA-
issued operations specifications that apply to that employee's or
person's duties and responsibilities. Section 129.5(b) includes and
revises provisions formerly contained in the introductory paragraph of
Sec.  129.11(a), removes the incorrect reference to ``Recommended
Practices,'' and adds a requirement for foreign air carriers to comply
with the Standards of Annex 8 to the Convention on International Civil
Aviation (the Chicago Convention).
    Section 129.7 includes new provisions governing the application,
issuance, and denial of operations specifications. As discussed in the
NPRM, the new application process required removal of the outdated
requirements contained in part 129, appendix A.
    Section 129.9 defines the content of operations specifications to
be issued to either a foreign air carrier conducting operations within
the United States, or a foreign air carrier or foreign person operating
U.S.-registered aircraft solely outside the United States in common
carriage.
    Section 129.11 establishes requirements for amendments,
suspensions, and terminations of operations specifications. The
amendment process is consistent with the process for amending
operations specifications issued to domestic operators under part 119.
Under the new rule, an applicant may apply to the responsible Flight
Standards District Office (FSDO) for an amendment of its operations
specifications, or the Administrator may amend operations
specifications if the Administrator determines that safety in air
commerce and the public interest require the amendment. Following an
adverse decision, the applicant may submit a petition for
reconsideration to the Director, Flight Standards Service within 30
days after the date the foreign air carrier or foreign person receives
a notice of the decision. The filing of the petition for
reconsideration suspends the decision unless the Administrator
determines that an emergency exists requiring immediate action to
maintain safety in air commerce or air transportation. For suspension
and termination, the final rule establishes a process similar to that
used for amendments; however, the Administrator may conduct
consultations under relevant Air Services Agreements prior to
suspending or terminating an operations specification.
    The final rule amends Sec.  129.13, the aircraft airworthiness and
registration certificate requirements, to include recognition of the
validity of certificates of airworthiness issued or validated by a
State of the Operator under Article 83bis of the Chicago Convention.
Currently Sec.  129.13 requires airworthiness certificates for foreign
air carriers to be issued or validated by the State of Registry and
does not recognize Article 83bis agreements with the State of the
Operator. The U.S. obligation to recognize those certificates is stated
in inspector handbook guidance. The amended provisions in Sec.  129.13
allow recognition of third-party transfers of airworthiness
certificates under Article 83bis agreements registered with the
International Civil Aviation Organization (ICAO).
    Similarly, Sec.  129.15 provides for the recognition of the
validity of crew licenses (certificates) issued or validated by a State
of the Operator under agreements whereby the State of Registry of an
aircraft transfers certain oversight functions to the State of the
Operator of the aircraft in accordance with Article 83bis of the
Chicago Convention. Although this U.S. obligation is currently stated
in inspector handbook guidance, Sec.  129.15 provides a legal basis for
recognition of those crew licenses (certificates).
    As discussed in the NPRM, the final rule amends Sec.  129.14 by
changing the FAA approval process for the minimum equipment list (MEL)
and maintenance programs of U.S.-registered aircraft used by foreign
air carriers and foreign persons in common carriage. Under the final
rule, the FAA will grant maintenance program and minimum equipment list
approval for U.S.-registered aircraft in FAA-issued operations
specifications, which is the practice FAA field offices currently
follow.
    With the addition of Sec. Sec.  129.5, 129.7, 129.9, and the
amendments to Sec. Sec.  129.11 and 129.14, the FAA is clarifying the
applicability of part 129 to certain operations of U.S.-registered
aircraft operated solely outside the United States in common carriage
by a foreign person or foreign air carrier. Therefore, the FAA is
revising Sec.  129.1(b) to clarify that Sec. Sec.  129.5, 129.7, 129.9,
129.11, 129.14, 129.20, and 129.24 and subpart B apply to U.S.-
registered aircraft operated solely outside the United States in common
carriage by a foreign person or foreign air carrier.
    As discussed in the NPRM, the FAA has transferred all of the
definitions in Sec.  119.3 to a new part 110. This change clarifies
that all of the definitions formerly located in Sec.  119.3 apply to
subchapter G, including part 129. Section 119.3 is redesignated as
Sec.  110.2, and all of the references in parts 45, 119, 121 and 135 of
subchapter G to the definitions formerly contained in Sec.  119.3 were
changed to Sec.  110.2. These changes to parts 110, 119, 121 and 135
are editorial in nature, and the FAA has made no substantive changes to
any of

the definitions transferred to the new part. Further, this editorial
change will have no impact on the applicability of the definitions
contained in 14 CFR part 1 to subchapter G, unless otherwise specified.
    Additionally, the final rule eliminates the outdated reference to
the Civil Aeronautics Board (CAB) in 14 CFR Sec.  129.1(a)(1) because
the CAB no longer exists, and all economic authority is now granted by
the Department of Transportation (DOT).
    The following table summarizes the changes to existing provisions
of parts 119 and 129, identifies new provisions, and references the
relevant ICAO standard implemented in the rule, if applicable.

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

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         Existing part 119                       New part 110
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Definitions: Definitions applicable  Definitions: The final rule removes
 to part 129 are currently included   definitions from subchapter G of
 in part 119, subchapter G. Since     part 119 and includes them in a
 part 119 applies to certification    new part 110.
 requirements for part 135 and 121
 operators, there is potential
 confusion concerning whether
 subchapter G applies to part 129.
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         Existing part 129                     Part 129 changes
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Ops Specs--Amendment, suspension or  Ops Specs--Amendment, suspension or
 termination: Current regulations     termination: The final rule
 do not provide for the amendment,    provides a legal basis for the
 suspension, or termination of        amendment, suspension, and
 Operations Specifications.           termination of Operations
 Information is currently in the      Specifications.
 Inspector Guidance.
Application process: The             Application process: The final rule
 application process and              removes outdated portions of part
 requirements are outdated and        129, appendix A and places general
 impose an unnecessary burden on      requirements in the new Sec.
 the operator and the FAA, with no    129.7(a). Specific application
 safety value (e.g., provide names,   processes will be contained in
 license type and class held by       Inspector Guidance for easy
 each flightcrew member to include    updating. In addition, the final
 en route training--certificate       rule clarifies and standardizes
 holders could employ numerous        the rules for applications by
 airmen and the required              foreign air carriers and foreign
 information could change             persons for operations
 frequently).                         specifications issued under 14 CFR
                                      part 129.
Appeal process for foreign           Appeal process for foreign
 operators: There is no formal        operators: The final rule provides
 administrative process for a         an administrative appeals process
 foreign operator to appeal a         allowing foreign operators and
 decision to amend, suspend, or       foreign persons to submit a
 terminate its operations             petition for reconsideration to
 specifications.                      the Director, Flight Standards
                                      Service, before seeking judicial
                                      review under 49 U.S.C. 46110.
Chicago Convention: There is no      Chicago Convention: The final rule
 regulatory provision for the         allows the FAA to recognize crew
 recognition of Article 83bis of      licenses and airworthiness
 the Chicago Convention. However,     certificates issued or validated
 current FAA guidance contains this   by a State of the Operator under
 information. (Note: Article 83bis    agreements whereby the State of
 allows the transfer of certain       Registry of an aircraft transfers
 functions and duties from the        certain oversight functions to the
 State of Registry to the State of    State of the Operator in
 the Operator under an agreement      accordance with Article 83bis of
 between the States concerned.)       the Chicago Convention.
------------------------------------------------------------------------

C. Summary of Comments

    The FAA received one comment in response to the NPRM. The
commenter, Air Pacific Limited, had no objection to the proposal.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    This final rule will impose new information collection requirements
as described below. As required by the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA has submitted these information collection
amendments to OMB for its review. Notice of OMB approval for this
information collection will be published in a future Federal Register
document.

Title: Part 129 Operations Specifications

    Summary: This rule will clarify and standardize the rules for
applications by foreign air carriers and foreign persons for operations
specifications issued under 14 CFR part 129 and establish new standards
for amendment, suspension and termination of those operations
specifications. This final rule will also apply to foreign air carriers
and foreign persons operating U.S.-registered aircraft in common
carriage solely outside the United States. This action is necessary to
update the process for issuing operations specifications, and it will
establish a regulatory basis for current practices, such as amending,
terminating, and suspending operations specifications.
    Public comments: The FAA did not receive any comments concerning
the proposed information collection requirements.
    Use: This final rule supports the information needs of the FAA in
order to maintain an adequate level of safety oversight.
    Respondents (including number of): The likely respondents to this
information requirement are potential new applicants for operations
specifications. The average number of respondents is approximately 25
each year.
    Frequency: The FAA estimates five FSDOs will receive approximately
five applications each per year.
    Annual Burden Estimate: This final rule opens a new information
collection requirement and as a result the FAA will begin recording an
annual recordkeeping and reporting burden as follows: 75 hours
annually. However, the FAA has streamlined the application process and
reduced the burden to less than it would have been in the absence of
the rule.

International Compatibility

    Consistent with U.S. obligations under the Chicago Convention, it
is the FAA's policy to conform our regulations to ICAO standards to the
maximum extent practicable. The final rule will allow the FAA to carry
out its

obligations under the Chicago Convention by providing for the
recognition of the validity of certificates of airworthiness and crew
licenses issued or validated by a State of the Operator in accordance
with Article 83bis of the Chicago Convention. Additionally, the
provisions relating to the issuance of operations specifications are
consistent with the ICAO standard for issuing operations specifications
to operators conducting international air transportation.
    The European Aviation Safety Agency (EASA) obtained competence from
the European Parliament to regulate third country operators of aircraft
engaged in commercial operations into, within, or out of the European
Community (EC) in 2008. Regulation (EC) No 216/2008 provides competence
to EASA to issue and renew authorizations for third country operators
and to amend, limit, suspend or revoke the relevant authorization. The
FAA will continue to coordinate with EASA on methods to streamline the
operations specifications process, as appropriate.

Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
Tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a final rule does not
warrant a full evaluation, this order permits that a statement to that
effect and the basis for it to be included in the preamble, if a full
regulatory evaluation of the cost and benefits is not prepared. Such a
determination has been made for this final rule. The reasoning for this
determination follows:
    This final rule will not impose costs on domestic operators since
it only applies to foreign air carriers and foreign persons. The rule
removes outdated requirements in the application process, and therefore
may result in a reduction in costs for foreign air carriers or foreign
persons who will apply for operations specifications. By clarifying and
standardizing the operations specifications application process,
providing a regulatory basis for amendment, suspension and termination
of those operations specifications, and creating an administrative
appeals process, the rule may result in some benefits to foreign air
carriers and foreign persons. It will impose minimal costs on the FAA
because it will not significantly change the rules regarding the FAA's
obligation for safety oversight of foreign air carriers and foreign
persons under the Chicago Convention. Additionally, this rule
incorporates new provisions for the recognition of airworthiness
certificates and crewmember licenses under Article 83bis of the Chicago
Convention. In the NPRM, the FAA requested, but did not receive,
comments on the costs and benefits of the proposed changes. For these
reasons we conclude that this final rule will have minimal economic
impact.
    FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare an initial regulatory flexibility analysis as described in the
RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    This rule clarifies and standardizes the rules for applications by
foreign air carriers and foreign persons for operations specifications
issued under 14 CFR part 129 and establishes new standards for
amendment, suspension, and termination of operations specifications.
The rule applies to foreign air carriers operating within the United
States and foreign persons operating U.S.-registered aircraft in common
carriage solely outside the United States. As the rule removes outdated
requirements in the application process, it may result in a reduction
in costs for foreign air carriers or foreign persons who will apply for
operations specifications. Furthermore, it creates an administrative
appeals process that may result in some benefits to foreign air
carriers and foreign persons. Domestic operators are not impacted by
this rule. This rule merely revises and clarifies the FAA operations
specifications application process; the expected outcome will not
increase cost to any United States small entity. Furthermore, there
were no comments regarding small business impacts. Therefore, as FAA
Administrator, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to

the foreign commerce of the United States, so long as the standard has
a legitimate domestic objective, such as the protection of safety, and
does not operate in a manner that excludes imports that meet this
objective. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. The FAA has assessed the potential effect of this final rule
and determined that it may provide minimal cost savings to
international entities and thus has a neutral trade impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million.
    This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.

Environmental Analysis

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

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order and it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment or docket number of this rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

14 CFR Part 110

    Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flight, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.

14 CFR Part 129

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Security measures, Smoking.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.

The Amendments

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

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
1. The authority citation for part 45 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104, 46304, 46306, 47122.

Sec.  45.11  [Amended]

0
2. Amend Sec.  45.11(g)(1)(ii) and (g)(3) by removing the citation
``Sec.  119.3'' and adding the citation ``Sec.  110.2'' in its place.

0
3. Add part 110 to read as follows:

PART 110--GENERAL REQUIREMENTS

Sec.
110.1 Applicability.
110.2 Definitions.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.

Sec.  110.1  Applicability.

    This part governs all operations conducted under subchapter G of
this chapter.

Sec.  110.2  Definitions

    For the purpose of this subchapter, the term--
    All-cargo operation means any operation for compensation or hire
that

is other than a passenger-carrying operation or, if passengers are
carried, they are only those specified in Sec.  121.583(a) or Sec.
135.85 of this chapter.
    Certificate-holding district office means the Flight Standards
District Office that has responsibility for administering the
certificate and is charged with the overall inspection of the
certificate holder's operations.
    Commercial air tour means a flight conducted for compensation or
hire in an airplane or helicopter where a purpose of the flight is
sightseeing. The FAA may consider the following factors in determining
whether a flight is a commercial air tour:
    (1) Whether there was a holding out to the public of willingness to
conduct a sightseeing flight for compensation or hire;
    (2) Whether the person offering the flight provided a narrative
that referred to areas or points of interest on the surface below the
route of the flight;
    (3) The area of operation;
    (4) How often the person offering the flight conducts such flights;
    (5) The route of flight;
    (6) The inclusion of sightseeing flights as part of any travel
arrangement package;
    (7) Whether the flight in question would have been canceled based
on poor visibility of the surface below the route of the flight; and
    (8) Any other factors that the FAA considers appropriate.
    Commuter operation means any scheduled operation conducted by any
person operating one of the following types of aircraft with a
frequency of operations of at least five round trips per week on at
least one route between two or more points according to the published
flight schedules:
    (1) Airplanes, other than turbojet-powered airplanes, having a
maximum passenger-seat configuration of 9 seats or less, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds or
less; or
    (2) Rotorcraft.
    Direct air carrier means a person who provides or offers to provide
air transportation and who has control over the operational functions
performed in providing that transportation.
    DOD commercial air carrier evaluator means a qualified Air Mobility
Command, Survey and Analysis Office cockpit evaluator performing the
duties specified in Public Law 99-661 when the evaluator is flying on
an air carrier that is contracted or pursuing a contract with the U.S.
Department of Defense (DOD).
    Domestic operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500
pounds.
    (2) Locations:
    (i) Between any points within the 48 contiguous States of the
United States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the
United States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or
possession of the United States; or
    (iv) When specifically authorized by the Administrator, operations
between any point within the 48 contiguous States of the United States
or the District of Columbia and any specifically authorized point
located outside the 48 contiguous States of the United States or the
District of Columbia.
    Empty weight means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the
crew and payload, but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic fluid.
    Flag operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition at the locations described in paragraph (2) of this
definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500
pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any
point outside the State of Alaska or the State of Hawaii or any
territory or possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48
contiguous States of the United States and the District of Columbia.
    (iii) Between any point outside the U.S. and another point outside
the U.S.
    Justifiable aircraft equipment means any equipment necessary for
the operation of the aircraft. It does not include equipment or ballast
specifically installed, permanently or otherwise, for the purpose of
altering the empty weight of an aircraft to meet the maximum payload
capacity.
    Kind of operation means one of the various operations a certificate
holder is authorized to conduct, as specified in its operations
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
    Maximum payload capacity means:
    (1) For an aircraft for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum flightcrew, foods and
beverages, and supplies and equipment related to foods and beverages,
but not including disposable fuel or oil).
    (2) For all other aircraft, the maximum certificated takeoff weight
of an aircraft, less the empty weight, less all justifiable aircraft
equipment, and less the operating load (consisting of minimum fuel
load, oil, and flightcrew). The allowance for the weight of the crew,
oil, and fuel is as follows:
    (i) Crew--for each crewmember required by the Federal Aviation
Regulations--
    (A) For male flightcrew members--180 pounds.
    (B) For female flightcrew members--140 pounds.
    (C) For male flight attendants--180 pounds.
    (D) For female flight attendants--130 pounds.
    (E) For flight attendants not identified by gender--140 pounds.
    (ii) Oil--350 pounds or the oil capacity as specified on the Type
Certificate Data Sheet.
    (iii) Fuel--the minimum weight of fuel required by the applicable
Federal Aviation Regulations for a flight between domestic points 174
nautical miles apart under VFR weather conditions that does not involve
extended overwater operations.
    Maximum zero fuel weight means the maximum permissible weight of an
aircraft with no disposable fuel or oil. The zero fuel weight figure
may be found in either the aircraft type certificate data sheet, the
approved Aircraft Flight Manual, or both.
    Noncommon carriage means an aircraft operation for compensation or
hire that does not involve a holding out to others.

    On-demand operation means any operation for compensation or hire
that is one of the following:
    (1) Passenger-carrying operations conducted as a public charter
under part 380 of this chapter or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
    (i) Common carriage operations conducted with airplanes, including
turbojet-powered airplanes, having a passenger-seat configuration of 30
seats or fewer, excluding each crewmember seat, and a payload capacity
of 7,500 pounds or less, except that operations using a specific
airplane that is also used in domestic or flag operations and that is
so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter for those operations are considered
supplemental operations;
    (ii) Noncommon or private carriage operations conducted with
airplanes having a passenger-seat configuration of less than 20 seats,
excluding each crewmember seat, and a payload capacity of less than
6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of
the following types of aircraft with a frequency of operations of less
than five round trips per week on at least one route between two or
more points according to the published flight schedules:
    (i) Airplanes, other than turbojet powered airplanes, having a
maximum passenger-seat configuration of 9 seats or less, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds or
less; or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes having a payload
capacity of 7,500 pounds or less, or with rotorcraft.
    Passenger-carrying operation means any aircraft operation carrying
any person, unless the only persons on the aircraft are those
identified in Sec. Sec.  121.583(a) or 135.85 of this chapter, as
applicable. An aircraft used in a passenger-carrying operation may also
carry cargo or mail in addition to passengers.
    Principal base of operations means the primary operating location
of a certificate holder as established by the certificate holder.
    Provisional airport means an airport approved by the Administrator
for use by a certificate holder for the purpose of providing service to
a community when the regular airport used by the certificate holder is
not available.
    Regular airport means an airport used by a certificate holder in
scheduled operations and listed in its operations specifications.
    Scheduled operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or
commercial operator for which the certificate holder or its
representative offers in advance the departure location, departure
time, and arrival location. It does not include any passenger-carrying
operation that is conducted as a public charter operation under part
380 of this chapter.
    Supplemental operation means any common carriage operation for
compensation or hire conducted with any airplane described in paragraph
(1) of this definition that is a type of operation described in
paragraph (2) of this definition:
    (1) Airplanes:
    (i) Airplanes having a passenger-seat configuration of more than 30
seats, excluding each crewmember seat;
    (ii) Airplanes having a payload capacity of more than 7,500 pounds;
or
    (iii) Each propeller-powered airplane having a passenger-seat
configuration of more than 9 seats and less than 31 seats, excluding
each crewmember seat, that is also used in domestic or flag operations
and that is so listed in the operations specifications as required by
Sec.  119.49(a)(4) of this chapter for those operations; or
    (iv) Each turbojet powered airplane having a passenger seat
configuration of 1 or more and less than 31 seats, excluding each
crewmember seat, that is also used in domestic or flag operations and
that is so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter for those operations.
    (2) Types of operation:
    (i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative;
    (ii) All-cargo operations; or
    (iii) Passenger-carrying public charter operations conducted under
part 380 of this chapter.
    Wet lease means any leasing arrangement whereby a person agrees to
provide an entire aircraft and at least one crewmember. A wet lease
does not include a code-sharing arrangement.
    When common carriage is not involved or operations not involving
common carriage means any of the following:
    (1) Noncommon carriage.
    (2) Operations in which persons or cargo are transported without
compensation or hire.
    (3) Operations not involving the transportation of persons or
cargo.
    (4) Private carriage.
    Years in service means the calendar time elapsed since an aircraft
was issued its first U.S. or first foreign airworthiness certificate.

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
4. The authority citation for part 119 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.

Sec.  119.3  [Removed and reserved]

0
5. Remove and reserve Sec.  119.3.

Sec.  119.51  [Amended]

0
6. Amend Sec.  119.51(c)(1)(i) by removing the citation ``Sec.  119.3''
and adding the citation ``Sec.  110.2'' in its place.

Sec.  119.53  [Amended]

0
7. Amend Sec.  119.53(e) by removing the citation ``Sec.  119.3'' and
adding the citation ``Sec.  110.2'' in its place.

PART 121--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
8. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40119, 41706, 44101,
44701, 44702, 44705, 44709, 44710, 44711, 44713, 44716, 44717,
44722, 46105.

Sec.  121.313  [Amended]

0
9. Amend Sec.  121.313(k) by removing the citation ``Sec.  119.3'' and
adding the citation ``Sec.  110.2'' in its place.

Sec.  121.582  [Amended]

0
10. Amend Sec.  121.582 by removing the citation ``Sec.  119.3'' and
adding the citation ``Sec.  110.2'' in its place.

PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE

0
11. The authority citation for part 129 continues to read as follows:

    Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 46105, Pub. L. 107-71 sec. 104.

0
12. Amend Sec.  129.1 by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:

Sec.  129.1  Applicability and definitions.

    (a) * * *
    (1) A permit issued by the U.S. Department of Transportation under
49 U.S.C. 41301 through 41306, or
    (2) Other appropriate economic or exemption authority issued by the
U.S. Department of Transportation.
    (b) Operations of U.S.-registered aircraft solely outside the
United States. In addition to the operations specified under paragraph
(a) of this section, Sec. Sec.  129.5, 129.7, 129.9, 129.11, 129.14,
129.20 and 129.24, and subpart B of this part also apply to operations
of U.S.-registered aircraft operated solely outside the United States
in common carriage by a foreign person or foreign air carrier.
* * * * *

0
13. Add Sec.  129.5 to read as follows:

Sec.  129.5  Operations specifications.

    (a) Each foreign air carrier conducting operations within the
United States, and each foreign air carrier or foreign person operating
U.S.-registered aircraft solely outside the United States in common
carriage must conduct its operations in accordance with operations
specifications issued by the Administrator under this part.
    (b) Each foreign air carrier conducting operations within the
United States must conduct its operations in accordance with the
Standards contained in Annex 1 (Personnel Licensing), Annex 6
(Operation of Aircraft), Part I (International Commercial Air
Transport--Aeroplanes) or Part III (International Operations--
Helicopters), as appropriate, and in Annex 8 (Airworthiness of
Aircraft) to the Convention on International Civil Aviation.
    (c) No foreign air carrier may operate to or from locations within
the United States without, or in violation of, appropriate operations
specifications.
    (d) No foreign air carrier or foreign person shall operate U.S.-
registered aircraft solely outside the United States in common carriage
without, or in violation of, appropriate operations specifications.
    (e) Each foreign air carrier must keep each of its employees and
other persons used in its operations informed of the provisions of its
operations specifications that apply to that employee's or person's
duties and responsibilities.
    (f) Operations specifications issued under this part are effective
until--
    (1) The foreign air carrier or foreign person surrenders them to
the FAA;
    (2) The Administrator suspends or terminates the operations
specifications; or
    (3) The operations specifications are amended as provided in Sec.
129.11.
    (g) Within 30 days after a foreign air carrier or foreign person
terminates operations under part 129 of this subchapter, the operations
specifications must be surrendered by the foreign air carrier or
foreign person to the responsible Flight Standards District Office.
    (h) No person operating under this part may operate or list on its
operations specifications any airplane listed on operations
specifications issued under part 125 of this chapter.

0
14. Add Sec.  129.7 to read as follows:

Sec.  129.7  Application, issuance, or denial of operations
specifications.

    (a) A foreign air carrier or foreign person applying to the FAA for
operations specifications under this part must submit an application--
    (1) In a form and manner prescribed by the Administrator; and
    (2) At least 90 days before the intended date of operation.
    (b) An authorized officer or employee of the applicant, having
knowledge of the matters stated in the application, must sign the
application and certify in writing that the statements in the
application are true. The application must include two copies of the
appropriate written authority issued to that officer or employee by the
applicant.
    (c) A foreign applicant may be issued operations specifications, if
after review, the Administrator finds the applicant--
    (1) Meets the applicable requirements of this part;
    (2) Holds the economic or exemption authority required by the
Department of Transportation, applicable to the operations to be
conducted;
    (3) Complies with the applicable security requirements of 49 CFR
chapter XII;
    (4) Is properly and adequately equipped to conduct the operations
described in the operations specifications; and
    (5) Holds a valid air operator certificate issued by the State of
the Operator.
    (d) An application may be denied if the Administrator finds that
the applicant is not properly or adequately equipped to conduct the
operations to be described in the operations specifications.

0
15. Add Sec.  129.9 to read as follows:

Sec.  129.9  Contents of operations specifications.

    (a) The contents of operations specifications issued to a foreign
air carrier conducting operations within the United States under Sec.
129.1(a) shall include:
    (1) The specific location and mailing address of the applicant's
principal place of business in the State of the Operator and, if
different, the address that will serve as the primary point of contact
for correspondence between the FAA and the foreign air carrier;
    (2) Within 1 year after February 10, 2012, the designation of an
agent for service within the United States, including the agent's full
name and office address or usual place of residence;
    (3) The certificate number and validity of the foreign air
carrier's Air Operator Certificate issued by the State of the Operator;
    (4) Each regular and alternate airport to be used in scheduled
operations;
    (5) The type of aircraft and registration markings of each
aircraft;
    (6) The approved maintenance program and minimum equipment list for
United States registered aircraft authorized for use; and
    (7) Any other item the Administrator determines is necessary.
    (b) The contents of operations specifications issued to a foreign
air carrier or foreign person operating U.S.-registered aircraft solely
outside the United States in common carriage in accordance with Sec.
129.1(b) shall include--
    (1) The specific location and mailing address of the principal
place of business in the State of the Operator and, if different, the
address that will serve as the primary point of contact for
correspondence between the FAA and the foreign air carrier or foreign
person;
    (2) Within 1 year after February 10, 2012, the designation of an
agent for service within the United States, including the agent's full
name and office address or usual place of residence;
    (3) In the case of a foreign air carrier, the certificate number
and validity of the foreign air carrier's Air Operator Certificate
issued by the State of the Operator;
    (4) Any other business names under which the foreign air carrier or
foreign person may operate;
    (5) The type, registration markings, and serial number of each
United States registered aircraft authorized for use;
    (6) The approved maintenance program and minimum equipment list for
United States registered aircraft authorized for use; and

    (7) Any other item the Administrator determines is necessary.

0
16. Revise Sec.  129.11 to read as follows:

Sec.  129.11  Amendment, suspension and termination of operations
specifications.

    (a) The Administrator may amend any operations specifications
issued under this part if--
    (1) The Administrator determines that safety in air commerce and
the public interest require the amendment; or
    (2) The foreign air carrier or foreign person applies for an
amendment, and the Administrator determines that safety in air commerce
and the public interest allows the amendment.
    (b) The Administrator may suspend or terminate any operations
specifications issued under this part if the Administrator determines
that safety in air commerce and the public interest require the
suspension or termination;
    (c) Except as provided in paragraphs (f) and (g) of this section,
when the Administrator initiates an action to amend, suspend or
terminate a foreign air carrier or foreign person's operations
specifications, the following procedure applies:
    (1) The responsible Flight Standards District Office notifies the
foreign air carrier or foreign person in writing of the proposed
amendment, suspension or termination.
    (2) The responsible Flight Standards District Office sets a
reasonable period (but not less than 7 days) within which the foreign
air carrier or foreign person may submit written information, views,
and arguments on the amendment, suspension or termination.
    (3) After considering all material presented, the responsible
Flight Standards District Office notifies the foreign air carrier or
foreign person of--
    (i) The adoption of the proposed amendment, suspension or
termination;
    (ii) The partial adoption of the proposed amendment, suspension or
termination; or
    (iii) The withdrawal of the proposed amendment, suspension or
termination.
    (4) If the responsible Flight Standards District Office issues an
action to amend, suspend or terminate the operations specifications, it
becomes effective not less than 30 days after the foreign air carrier
or foreign person receives notice of it unless--
    (i) The responsible Flight Standards District Office finds under
paragraph (g) of this section that there is an emergency requiring
immediate action with respect to safety in air commerce; or
    (ii) The foreign air carrier or foreign person petitions for
reconsideration of the amendment, suspension or termination under
paragraph (e) of this section.
    (d) When the foreign air carrier or foreign person applies for an
amendment to its operations specifications, the following procedure
applies:
    (1) The foreign air carrier or foreign person must file an
application to amend its operations specifications--
    (i) At least 90 days before the date proposed by the applicant for
the amendment to become effective in cases of mergers; acquisitions of
airline operational assets that require an additional showing to
Department of Transportation for economic authority; major changes in
the type of operation; and resumption of operations following a
suspension of operations as a result of bankruptcy actions, unless a
shorter time is approved by the Administrator.
    (ii) At least 30 days before the date proposed by the applicant for
the amendment to become effective in all other cases.
    (2) The application must be submitted to the responsible Flight
Standards District Office in a form and manner prescribed by the
Administrator.
    (3) After considering all material presented, the responsible
Flight Standards District Office notifies the foreign air carrier or
foreign person of--
    (i) The adoption of the applied for amendment;
    (ii) The partial adoption of the applied for amendment; or
    (iii) The denial of the applied for amendment.
    (4) If the responsible Flight Standards District Office approves
the amendment, following coordination with the foreign air carrier or
foreign person regarding its implementation, the amendment is effective
on the date the responsible Flight Standards District Office approves
it.
    (e) The foreign air carrier or foreign person may petition for
reconsideration of a full or partial adoption of an amendment, a denial
of an amendment or a suspension or termination of operations
specifications.
    (f) When a foreign air carrier or foreign person seeks
reconsideration of a decision from the responsible Flight Standards
District Office concerning the amendment, suspension or termination of
operations specifications, the following procedure applies:
    (1) The foreign air carrier or foreign person must petition for
reconsideration of that decision within 30 days after the date that the
foreign air carrier or foreign person receives a notice of the
decision.
    (2) The foreign air carrier or foreign person must address its
petition to the Director, Flight Standards Service.
    (3) A petition for reconsideration, if filed within the 30-day
period, suspends the effectiveness of any amendment, suspension or
termination issued by the responsible Flight Standards District Office
unless the responsible Flight Standards District Office has found,
under paragraph (g) of this section, that an emergency exists requiring
immediate action with respect to safety in air transportation or air
commerce.
    (g) If the responsible Flight Standards District Office finds that
an emergency exists requiring immediate action with respect to safety
in air commerce or air transportation that makes the procedures set out
in this section impracticable or contrary to the public interest, that
office may make the amendment, suspension or termination effective on
the day the foreign air carrier or foreign person receives notice of
it. In the notice to the foreign air carrier or foreign person, the
responsible Flight Standards District Office will articulate the
reasons for its finding that an emergency exists requiring immediate
action with respect to safety in air transportation or air commerce or
that makes it impracticable or contrary to the public interest to stay
the effectiveness of the amendment, suspension or termination.

0
17. Amend Sec.  129.13 by revising paragraph (a) to read as follows:

Sec.  129.13  Airworthiness and registration certificates.

    (a) No foreign air carrier may operate any aircraft within the
United States unless that aircraft carries a current registration
certificate and displays the nationality and registration markings of
the State of Registry, and an airworthiness certificate issued or
validated by:
    (1) The State of Registry; or
    (2) The State of the Operator, provided that the State of the
Operator and the State of Registry have entered into an agreement under
Article 83bis of the Convention on International Civil Aviation that
covers the aircraft.
* * * * *

0
18. Amend Sec.  129.14 by revising paragraphs (a), (b)(4), and (b)(7)
to read as follows:

Sec.  129.14  Maintenance program and minimum equipment list
requirements for U.S.-registered aircraft.

    (a) Each foreign air carrier and each foreign person operating a
U.S.-registered aircraft within or outside the United States in common
carriage must ensure that each aircraft is maintained

in accordance with a program approved by the Administrator in the
operations specifications.
    (b) * * *
    (4) The FAA operations specification permitting the operator to use
an approved minimum equipment list is carried aboard the aircraft. An
approved minimum equipment list, as authorized by the operations
specifications, constitutes an approved change to the type design
without requiring recertification.
* * * * *
    (7) The aircraft is operated under all applicable conditions and
limitations contained in the minimum equipment list and the operations
specification authorizing the use of the list.

0
19. Revise Sec.  129.15 to read as follows:

Sec.  129.15  Flightcrew member certificates.

    Each person acting as a flightcrew member must hold a certificate
or license that shows the person's ability to perform duties in
connection with the operation of the aircraft. The certificate or
license must have been issued or rendered valid by:
    (a) The State in which the aircraft is registered; or
    (b) The State of the Operator, provided that the State of the
Operator and the State of Registry have entered into an agreement under
Article 83bis of the Convention on International Civil Aviation that
covers the aircraft.

Appendix A to Part 129 [Removed and Reserved]

0
20. Remove and reserve appendix A to part 129.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
21. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 41706, 44701, 44702, 44705,
44709, 44711, 44713, 44715, 44717, 44722, 46105.

Sec.  135.127  [Amended]

0
22. Amend Sec.  135.127 in paragraphs (b)(1)(iii) and (b)(2)
introductory text by removing the citation ``Sec.  119.3'' and adding
the citation ``Sec.  110.2'' in its place.

    Issued in Washington, DC, on January 31, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-2834 Filed 2-9-11; 8:45 am]
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[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Notices]
[Page 2291]
[DOCID:fr14ja08-109]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Aampro Group, Inc.; Order of Suspension of
Trading

January 10, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Aampro Group, Inc. (``Aampro'') because of questions regarding the
adequacy and accuracy of information in Aampro's public filings
concerning, among other things: (1) The company's business operations,
(2) the company's business combinations, and (3) the company's current
financial condition.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EST January 10,
2008, through 11:59 p.m. EST on January 24, 2008.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 08-104 Filed 1-11-08; 8:45 am]

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[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Page 12441]
[FR Doc No: 2021-04386]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RM16-17-000 RM16-17-001]

Data Collection for Analytics and Surveillance and Market-Based
Rate Purposes; Notice of Technical Workshop

    Take notice that Federal Energy Regulatory Commission (Commission)
staff will convene a technical workshop to discuss the functionality
and features of the relational database through which the Commission
will begin collecting certain market-based rate (MBR) information in
accordance with Order No. 860 (MBR Database).\1\ This workshop provides
a forum for dialogue between Commission staff and interested entities
to discuss the general features of the MBR Database and the process for
submitting information into this database. For reference, interested
entities can access the relational database at https://mbrweb.ferc.gov/.
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    \1\ Data Collection for Analytics and Surveillance and Market-
Based Rate Purposes, Order No. 860, 168 FERC ] 61,039 (2019); Order
No. 860-A, 170 FERC 61,129 (2020).
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    The technical workshop will be held on Thursday, March 25, 2021,
from approximately 10:00 a.m. to 3:00 p.m. Eastern Time. The technical
workshop will be held electronically. A supplemental notice will be
issued prior to the technical workshop with further details regarding
the agenda and if there are changes to the date or time of the
technical workshop.
    Individuals who are interested in registering for the conference
can do so here: https://ferc.webex.com/ferc/j.php?MTID=e6dd18def200b281ff165e57325102ee0.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical workshop, please contact
Ryan Stertz,<PHONE_NUMBER><EMAIL_ADDRESS>for technical
questions, or Sarah McKinley,<PHONE_NUMBER><EMAIL_ADDRESS>for
logistical issues.

    Dated: February 25, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-04386 Filed 3-2-21; 8:45 am]
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[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Notices]
[Page 53269-53270]
[DOCID:fr16oc09-81]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0328]

Guidance for Industry and Food and Drug Administration Staff;
Class II Special Controls Guidance Document: Wound Dressing With Poly
(Diallyl Dimethyl Ammonium Chloride) Additive; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Class II Special Controls
Guidance Document: Wound Dressing With Poly (Diallyl Dimethyl Ammonium
Chloride) (pDADMAC) Additive.'' This guidance document describes a
means by which wound dressing with Poly (diallyl dimethyl ammonium
chloride) (pDADMAC) additive may comply with the requirement of special
controls for class II devices. Elsewhere in this issue of the Federal
Register, FDA is publishing a final rule to classify wound dressing
with pDADMAC additive into class II (special controls). This guidance
document is being immediately implemented as the special control for
wound dressing with pDADMAC additive, but it remains subject to comment
in accordance with the agency's good guidance practices (GGPs).

DATES:  Submit written or electronic comments on the guidance at any
time. General comments on agency guidance documents are welcome at any
time.

ADDRESSES:  Submit written requests for single copies of the guidance
document entitled ``Class II Special Controls Guidance Document: Wound
Dressing With Poly (Diallyl Dimethyl Ammonium Chloride) (pDADMAC)
Additive'' to the Division of Small Manufacturers, International, and
Consumer Assistance, Center for Devices and Radiological Health (CDRH),
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm.
4613, Silver Spring, MD 20850. Send one self-addressed adhesive label
to assist that office in processing your request, or fax your request
to<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION section for
information on electronic access to the guidance.
    Submit written comments concerning this guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Sam Arepalli, Center for Devices and
Radiological Health (HFZ-410), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 3612, Silver Spring, MD 20993, 301-796-
6434.

SUPPLEMENTARY INFORMATION:

I. Background

    Elsewhere in this issue of the Federal Register, FDA is publishing
a final rule classifying into class II (special controls) under section
513(f)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21
U.S.C. 360c(f)(2)). This guidance document will serve as the special
control for wound dressing with pDADMAC additive. Section 513(f)(2) of
the act provides that any person who submits a premarket notification
under section 510(k) of the act (21 U.S.C. 360(k)) for a device that
has not previously been classified may, within 30 days after receiving
an order classifying the device in class III under section 513(f)(1) of
the act, request FDA to classify the device under the criteria set
forth in section 513(a)(1) of the act. FDA shall, within 60 days of
receiving such a request, classify the device by written order. This
classification shall be the initial classification of the device.
Within 30 days after the issuance of an order classifying the device,
FDA must publish a notice in the Federal Register announcing such
classification. Because of the timeframes established by section
513(f)(2) of the act, FDA has determined, under Sec.  10.115(g)(2) (21
CFR 10.115(g)(2)), that it is not feasible to allow for public
participation before issuing this guidance as a final guidance
document. Thus, FDA is issuing this guidance document as a level 1
guidance document that is immediately in effect. FDA will consider any
comments that are received in response to this notice to determine
whether to amend the guidance document.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's GGPs regulation
(Sec.  10.115). The guidance represents the agency's current thinking
on wound dressings with pDADMAC additive. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. To receive ``Class II Special Controls Guidance
Document: Wound Dressing With Poly (Diallyl Dimethyl Ammonium Chloride)
(pDADMAC) Additive,'' you may either send an e-mail request to
<EMAIL_ADDRESS>to receive an electronic copy of the document or
send a fax request to<PHONE_NUMBER> to receive a hard copy. Please use
the document number 1684 to identify the guidance you are requesting.
    CDRH maintains an entry on the Internet for easy access to
information including text, graphics, and files that may be downloaded
to a personal computer with Internet access. Updated on a regular
basis, the CDRH home page includes device safety alerts, Federal
Register reprints, information on premarket submissions (including
lists of approved applications and manufacturers' addresses), small
manufacturer's assistance, information on video conferencing and
electronic submissions, Mammography Matters, and other device-oriented
information. The CDRH Web site may be accessed at http://www.fda.gov/
cdrh. A search capability for all CDRH guidance documents is available
at http://www.fda.gov/cdrh/guidance.html. Guidance documents are also
available at http://www.regulations.gov.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 807, subpart E
have been approved under OMB control number 0910-0120; the collections
of information in 21 CFR part 820 have been approved under OMB control
number 0910-0073; and the collections of information in 21 CFR

part 801 have been approved under OMB control number 0910-0485.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: October 2, 2009.
Jeffrey Shuren,
Acting Director, Center for Devices and Radiological Health.
[FR Doc. E9-24964 Filed 10-15-09; 8:45 am]

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