[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20586-20592]
[FR Doc No: 2021-07586]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 28895]

Airport Investment Partnership Program: Application Procedures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of application procedures.

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SUMMARY: This document provides procedures for applying for FAA
approval of the privatization or partial privatization of a federally
obligated public airport. This document revises the procedures for
applying for approval of the privatization of a federally obligated
public airport, to reflect the provisions of the AIPP. It also revises
the statement of issues the FAA will consider in granting exemptions
and approving the transfer of a public use airport under the new
program.

DATES: This policy takes effect April 20, 2021. No changes are required
to an application submitted and accepted for review prior to
publication if there is no change to the applicant's proposed
transaction. The FAA will evaluate all applications in the order of
receipt.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Director, Office of
Airport Compliance and Management Analysis, (ACO-1), Federal Aviation
Administration, 800 Independence Ave. SW, Washington, DC 20591, (202)
267-3085.

SUPPLEMENTARY INFORMATION:

Introduction and Background

    Section 149 of the Federal Aviation Authorization Act of 1996
established an airport privatization pilot program (APPP), and
authorized the Department of Transportation to grant exemptions from
certain Federal statutory and regulatory requirements for up to five
airport privatization projects. A request for participation in the APPP
was initiated by the filing of either a preliminary or a final
application for exemption with the FAA. The FAA issued final guidance
for applying for participation in the program in September 1997.
    Section 160 of the FAA Reauthorization Act of 2018 established the
Airport Investment Partnership Program (AIPP), which eliminates the
limit on the number of airport privatizations that the FAA may approve,
allows privatization of multiple airports by one airport sponsor, and
allows public participation in ownership of a private operator.
Requirements for FAA approval of an airport privatization are
substantially the same as under the pilot program.
    This notice of application procedures to be used by applicants for
an airport privatization project is being published pursuant to section
149 of the Federal Aviation Administration Authorization Act of 1996,
Public Law 104-264 (October 9, 1996) (1996 Reauthorization Act), which
added a new section 47134 to Title 49 of the U.S. Code, and subsequent
amendments of section 47134, including most recently Section 160 of the
FAA Reauthorization Act of 2018, Public Law 115-254 (October 5, 2018).
    Section 47134, as amended, authorizes the Secretary of
Transportation, and through delegation, the FAA Administrator, to
exempt a sponsor of a public use airport that has received Federal
assistance, from certain Federal requirements in connection with the
privatization of the airport by sale or lease to a private party.
Specifically, the Administrator may exempt the sponsor from all or part
of the requirements to use airport revenues for airport-related
purposes, to pay back a portion of Federal grants upon the sale of an
airport, and to return airport property deeded by the Federal
Government upon transfer of the airport. The Administrator is also
authorized to exempt the private purchaser or lessee from the
requirement to use all airport revenues for airport related purposes,
to the extent necessary to permit the purchaser or lessee to earn
reasonable compensation from the operations of the airport.
    The term ``public sponsor'' is used in this document to mean the
governmental agency or authority that currently owns or operates a
public airport and proposes to sell or lease it to a private purchaser
or lessee. The term ``private operator'' is used to refer to a private
firm or firms that propose to purchase or lease a public airport under
the program; the term ``applicant'' means all of the parties jointly
participating in the application for privatization of a particular
airport. The terms ``operating entity'' and ``private investor'' are
used for a partial privatization transaction, in which the public
sponsor holds an interest in the operating entity, jointly, with a
private sector investor.
    This document does not have the force and effect of law and is not
legally binding in its own right. It is intended to provide clarity to
the public regarding existing requirements under the law and agency
policies. Mandatory terms such as ``must'' in this notice describe
established statutory or regulatory requirements.

The September 1997 Notice of Final Application Procedures

    To implement section 47134, the FAA requested comments in April
1997 on proposed program application procedures (62 FR 19638; April 22,
1997). The FAA issued a Notice of Final Application Procedures in
September

1997 (62 FR 48693; September 17, 1997). In that notice, the FAA
addressed comments received on the notice and request for comment, and
adopted comprehensive procedures for applying for participation in the
program. In addition to identifying the application procedures to be
used, the final notice discussed the issues the FAA will consider in
determining whether to approve an application for an exemption under
section 47134 and other Federal requirements for airport operation. The
Notice of Final Application Procedures is posted on the FAA website at:
https://www.faa.gov/airports/airportcompliance_compliance/privatization/.

The November 1997 Request for Comments

    Shortly after the final application procedures were published in
September 1997, the FAA received a complaint about the effect of one
provision of the final procedures on certain air carriers, relating to
49 U.S.C. 47134(b)(1)(A). That section of the statute limited the
exemption to permit the use of funds by the public airport sponsor for
non-airport purposes, to amounts approved by 65 percent of the air
carriers serving the airport and 65 percent of the air carriers by
total landed weight of air carriers from the preceding calendar year.
The same approval was required for increases in air carrier fees that
exceed the increase in the Consumer Price Index. In interpreting that
requirement, the FAA stated that the air carriers included in the
calculation of the 65 percent would not include otherwise qualified air
carriers that submitted proposals or that participate in consortia that
submitted proposals for the privatization of the subject airport. The
FAA position was based on the consideration that an air carrier that
sought to operate the airport, whether successful or not, could base
its vote on interests other than those of an air carrier, as intended
by Congress.
    The complaint specifically objected to the exclusion of carriers
that were unsuccessful in participating as private airport operator,
and would be voting only from the point of view of an air carrier. In
response, the FAA issued a Notice of Amendment to Final Application
Procedures; Request for Comments (FR 62 63211; November 26, 1997). In
that notice, the FAA suspended the exclusion of carriers that were
unsuccessful in bidding on a privatization proposal, but confirmed that
an air carrier that was a successful bidder on a privatization proposal
would not be counted in a vote under the 65 percent rule. The notice
requested comment on this issue, but no comments were received in the
docket. Accordingly, the FAA has continued the policies announced in
the November 1997 notice, and incorporates them in this revised
application procedure. A carrier that bids on a privatization proposal
but is unsuccessful will be counted in the list of carriers
participating in the 65 percent vote. A carrier that is successful in
bidding on a privatization proposal, and as a result will become the
private airport operator or part of a consortium that will operate the
airport, will not be included in the list of voting air carriers under
section 47134(b)(1)(A) (as amended in 2003).

2003 Amendments to Section 47134

    In 2003, in Vision 100--Century of Aviation Reauthorization Act,
Congress amended the provisions of section 47134(b) (1)(A) for
obtaining the views and consent of air carriers for an exemption from
the airport revenue use requirements of 49 U.S.C. 47107(b) and 47133
(Pub. L. 108-176, section 155(a), Dec. 12, 2003, 117 Stat. 2508). As
originally enacted in 1996, section 47134 required that 65 percent of
air carriers at the airport, both by number of carriers and by
percentage of total air carrier landed weight, approve the revenue use
exemption. However, these provisions made no distinction between
categories of airport.
    The 2003 amendment replaced section 47134(b)(1)(A)(i) and (ii) with
new requirements that differ for primary airports and nonprimary
airports. A primary airport is a commercial service airport with more
than 10,000 passenger boardings each year. Section 47134(b)(1)(A) now
provides:
    1. At a primary airport, an exemption from revenue use requirements
requires 65 percent approval by scheduled air carriers serving the
airport and approval by scheduled and nonscheduled air carriers serving
the airport whose landed weight was at least 65 percent of total landed
weight the previous year.
    2. At a nonprimary airport, the FAA may approve an exemption if the
public sponsor has consulted with at least 65 percent of the owners of
aircraft based at the airport.
    3. An air carrier is deemed to have approved an application for
exemption unless it submits an objection in writing to the sponsor with
60 days of the filing of the application with the FAA or the service of
the application on the carrier, whichever is later.
    The revised application procedure issued in this notice reflects
the new requirements in the 2003 amendments to section 47134.

2012 Amendment to Section 47134

    In 2012, in the FAA Modernization and Reform Act of 2012, Congress
increased the number of airports that can participate in the
privatization pilot program from 5 to 10 (Pub. L. 112-95, section 156,
Feb. 14, 2012, 126 Stat. 36). That amendment has become irrelevant with
the elimination in 2018 of any limit on the number of privatization
projects that FAA may approve.

2018 Amendments to Section 47134

    Section 160 of the FAA Reauthorization Act of 2018 enacted
amendments to Sec.  47134 to eliminate the limit on the number of
airport privatization applications the FAA could approve, effectively
maturing airport privatization beyond a pilot program. Section 160 made
several additional changes to the FAA approval process.
    1. If an exemption is granted to an airport sponsor from the
revenue use requirement and permits use of airport revenues for non-
airport purposes, then the FAA must grant an exemption to the sponsor
from the requirement to repay Federal grant funds or return property to
the Federal Government.
    2. If an exemption is granted to an airport sponsor from the
revenue use requirement and permits use of airport revenues for non-
airport purposes, the FAA must grant an exemption to the private
purchaser or lessee from the revenue use requirement and permit the
purchaser or lessee to earn compensation from operation of the airport.
    3. The FAA may accept applications from a sponsor for privatization
of multiple airports if all of the airports are under the control of
the sponsor and all are located in the same State.
    4. A public airport sponsor may have an interest in the private
operating entity that purchases or leases the airport.
    5. FAA may fund a grant of up to $750,000 for predevelopment
planning costs related to preparation of a privatization application or
draft application.
    These last two provisions are substantial changes from authority
granted under the APPP. Accordingly, the following additional guidance
is provided on how the agency proposes to address partial privatization
applications and applications for the newly authorized planning grants.

Partial Privatization

    Section 160 amended 49 U.S.C. 47134 by revising subsection (d)(2)
to read: ``(2) PARTIAL PRIVATIZATION.--A

purchaser or lessee may be an entity in which a sponsor has an
interest.'' This new provision could authorize and promote forms of
airport governance not previously used in the United States, resulting
in applications for arrangements that would be not only unprecedented
but also complex. In reviewing AIPP applications under section
47134(d)(2) and associated requests for exemption from the standard
requirements for use of airport revenue, the FAA will seek to balance
several key interests, including:
    1. Preserving program incentives for private investment in
airports, consistent with the requirements and legislative intent of
the AIPP;
    2. Ensuring that adequate airport revenues remain available for the
operation, maintenance, and development of a participating airport; and
    3. Continuing reasonable and not unjustly discriminatory terms for
use of the airport by aeronautical users and tenants.
    Based on experience with the APPP and preliminary conversations
with aviation and finance industry representatives, the FAA will apply
the following principles in its review of applications involving
partial privatization arrangements:
    1. ``Partial privatization'' means public participation in a lease
of the entire airport.
    New section 47134(d)(2) authorizes a public airport sponsor to own
and/or control an interest in a private firm operating the entire
airport under a long-term lease. The term ``partial privatization''
refers to the public sponsor's partial control of the private operation
of the entire airport, and not to privatization of a part of an
airport. Privatization of individual airport facilities has occurred at
a number of airports in the U.S. through public-private partnerships,
without participation in the APPP or AIPP, and without the need for
special FAA review. (See Item 10 below).
    2. An AIPP project may have majority private control or majority
public control. An application under section 47134(d)(2) may propose
that the public airport sponsor transfer a majority interest in the
airport operation to a private entity, or, alternatively, that the
public sponsor hold a majority interest in the private operating
entity.
    3. The public airport owner remains the Airport Improvement Program
(AIP) sponsor in a project with majority public control. Where the
public owner holds a controlling interest in a lease for private
operation of the airport, the FAA will continue to consider the public
airport owner as the airport sponsor, with responsibility for
administration of grant projects and compliance with AIP grant
agreements.
    4. The public owner remains the eligible agency for Passenger
Facility Charges (PFC) collections in a project with majority public
control. Where the public owner holds a controlling interest in a lease
for private operation of the airport, the public sponsor will also
remain the eligible agency for imposition of passenger facility charges
at the airport. While section 47134(g)(1) allows a private sponsor to
impose a passenger facility charge, the private investor in this case
would not be the public agency, and also would not have satisfied the
requirement in 49 U.S.C. 40117(a)(2) that an eligible agency ``controls
the use of a commercial airport.''
    The PFC process is separate from the AIPP application process; PFC
amendments related to a privatization initiative should be coordinated
with the Office of Airports at FAA Headquarters.
    5. A reasonable concession fee paid by a private operator can be
exempted from general revenue use requirements. For every application
approved under the AIPP, whether the public owner or the private
operator is the controlling entity, an exemption under section
47134(b)(1) (3) will apply at a minimum to the private operator's
reasonable concession fee, i.e., the amount paid by the private
operator for the right to operate the airport and earn a return on
investment from airport revenues in proportion to the private
operator's share of the operating enterprise.
    6. The FAA will consider the degree of public participation in
evaluating a request for exemption from general revenue use
requirements. For revenues other than the initial concession fee
payment, the degree of the public sponsor's control of a private entity
operating the airport may affect the extent of the exemption granted
under section 47134(b)(1) to allow use of revenue for non-airport
purposes. For example, where a public sponsor retains majority control
and ultimate responsibility for airport management, a reasonable
concession fee payment could be expected to reflect only the value of
the private investor's share of revenue from its passive investment.
Payments to the public sponsor by the operating entity in excess of
that amount, as profit from ongoing airport operations over the lease
term, would generally be considered obligated airport revenue not
subject to exemption.
    7. The FAA will consider the effects of the terms of the agreement
between the private investor and the public airport owner. Where the
degree of public participation in the entity operating the airport
could affect the kinds of revenue covered by an exemption under section
47134(b)(1), the FAA will look to the sources and effect of payments
described in a proposed application and not simply the way various
revenues are labeled by the applicants.
    8. The FAA will consider the private investor's relative
participation in an AIPP initiative in approving an exemption for
compensation from airport revenues. An exemption under section
47134(b)(3) allowing a private investor to receive compensation for
investment in and operation of the airport will be generally
proportionate to the private investor's participation in the entity
operating the airport.
    9. An AIPP initiative with both public and private participation
should not result in diversion of airport revenue (by exemption
permitted at a fully privatized airport). As a general principle, in an
application filed under section 47134(d)(2), the total airport revenue
paid to the public owner and the private investor and subject to
exemption from revenue use requirements should not exceed the amount of
exempted revenue a private investor would receive in a fully private
transaction.
    10. An application must be permitted under State law. In some
States, it is not clear that State law would permit the partial public
ownership of a private firm operating an airport. The FAA encourages
submission of the legal opinion described in item 1.H. of the final
application, a statement of the public sponsor's authority to
participate in a private enterprise, at the time of the preliminary
application.

Availability of AIP Grants Under Sections 47102(3)(R) and 47134(l)

    Section 165 of the FAA Reauthorization Act of 2018 added a new item
to the definition of ``airport development,'' at 49 U.S.C. 47102(3)(R),
to extend eligibility for AIP grant funding to certain work performed
relating to the preparation of an airport privatization project
application under the AIPP:
    (R) predevelopment planning, including financial, legal, or
procurement consulting services, related to an application or proposed
application for an exemption under section 47134.
    Section 160 of the Act included a revised paragraph 47134(l), which

limited a grant for predevelopment costs relating to an application
under section 47134 to $750,000 per application.
    On July 29, 2019, the FAA issued Program Guidance Letter (PGL) 19-
03, Grants for Predevelopment Costs for Airport Investment Partnership
Program. The PGL contains guidance for agency staff on the review and
approval of AIP grant applications for predevelopment planning related
to a Section 47134 application. The PGL is available on the FAA website
at: https://www.faa.gov/airports/aip/guidance_letters/media/aip-pgl-19-03-AIPP.pdf.

Summary of Revisions to Program Application Procedures

    In addition to minor style edits for clarity and program
improvement, the following revisions have been made to the Process for
Applying for an Exemption under section 47134:
    1. References to a limit of 10 airports and procedures for
determining eligibility as one of the 10 participating airports have
been deleted. A procedure is retained for filing a preliminary
application, because of the value of the preliminary application in
confirming an applicant's legal authority and preliminary plans for
privatization of its airport, and the involvement of the FAA in the
application process at an early stage.
    2. Because Section 160 allows a public sponsor to have an interest
in the entity operating the airport, the procedures provide for three
possible parties in a partial privatization of an airport: the ``public
sponsor,'' the ``private investor'' (which may be a consortium of
investors), and the ``private operator'' or ``operating entity'' that
would be co-owned by the public sponsor and the private investor. In a
full privatization of the airport, the application continues to refer
to two parties: the public sponsor, and the private operator, who would
be both investor and airport operator.
    3. ``Contents of the Preliminary Application'' eliminates the
requirement for a distribution-ready copy of the request for proposals
for management and operation of the airport.
    4. Regulatory references to TSA and airport security have been
updated to cite to 49 CFR part 1542 rather than 14 CFR part 107 where
applicable.
    5. Part II, ``Airport Property,'' requires information on each
airport included in the application, in recognition that a public
sponsor can request privatization of more than one airport in a multi
airport system.
    6. Part II, ``Airport Property,'' has an added requirement for an
explanation of any differences between the airport's Airport Layout
Plan and Exhibit A to the public sponsor's Airport Improvement Program
grant agreements for the airport.
    7. Part IV, ``Qualifications of the Private Operator,'' adds a
request for any pending civil litigation against the private operator
or its key personnel.
    8. Part IV, ``Qualifications of the Private Operator,'' adds letter
of credit equal to cash reserves of six months for the initial
operation.
    9. Part VI, ``Certification of Air Carrier Approval,'' is rewritten
to implement the 2003 amendment to section 47134. That amendment
requires a percentage of air carrier approval for issuance of an
exemption from revenue use requirements at a primary airport. At a
nonprimary airport, the FAA may issue an exemption upon certification
that that public sponsor has consulted with at least 65 percent of the
owners of aircraft based at the airport.
    10. In Part VII, ``Airport Operation and Development,'' paragraph
A.5 adds more specific guidance for certification of air carrier
approval of an increase in fees that will exceed the rate of inflation.
    11. In Part VII, ``Airport Operations and Development,'' paragraph
A.3 requires the application to include a legal opinion and
certifications from both the public sponsor and the private operator to
address bankruptcy.
    12. Paragraph VII.B requires that transfer documents reflect the
private operator's assumption of legal responsibility for compliance
with grant assurances in effect under the public sponsor's current AIP
grant agreements.
    13. The requirement for a fax number has been changed to an email
address.

Process for Applying for an Exemption Under Section 47134

Exemption Application and Review Process: Overview

    The FAA will apply the following policies and procedures for filing
and review of requests for privatization of a public airport under 49
U.S.C. 47134:
    1. A request for participation in the airport investment
partnership program will be initiated by the filing of a preliminary
application for exemption under section 47134(a). A public sponsor may
also elect to file a final application without the prior filing of a
preliminary application, if the public sponsor has selected a private
operator.
    2. All applications will be evaluated in the order of receipt.
    3. FAA will consider an application to be filed on the date it is
received by the FAA. Application packages will be date-stamped on
receipt in Room 600 East at the FAA headquarters building.
    4. FAA will review the application to determine if it meets the
procedural requirements stated in this notice.
    5. The FAA will accept preliminary applications filed before the
applicant has commenced the procurement process for the selection of an
operator. The preliminary application must contain the information
listed under the section titled ``Contents of Applications.'' The FAA
will notify applicants of its decision on the acceptance of the
application for review within 30 days of the filing of the preliminary
application.
    6. If the preliminary application meets the requirements described
in this notice, the applicant will be notified that the application is
``accepted for review.'' The FAA may request additional information
before accepting the application for review, but the original filing
date will remain in effect. Following the FAA's acceptance of the
preliminary application, the applicant is authorized to select a
private operator, negotiate an agreement, and submit a final
application to the FAA.
    7. If the preliminary application does not meet the requirements
described in this notice, and cannot be brought into compliance with
those requirements with information requested by the FAA during its 30-
day review, the preliminary application will be rejected. The FAA will
notify the applicant that the application is rejected and that the
application is no longer on file. The applicant may file a new
application at any time, and receive a new ``on file'' date at that
time.
    8. The FAA will publish in the Federal Register a notice that a
preliminary application has been received under 49 U.S.C. 47134, and
that the FAA has accepted the application for review.
    9. Applicants may file a final application after the public sponsor
has selected a private operator and reached substantial agreement on
the terms of the privatization transaction. If an application cannot
reasonably be brought into compliance with the requirements of section
47134 and other applicable Federal statutes with current information in
accordance with the time schedule submitted during the preliminary
pplication, and any extensions of time approved by the FAA, the FAA
will notify the applicant that the application is rejected and that the
application is no longer on file. The applicant may file a new
application at any time, and receive a new ``on file'' date at that
time.

    10. If an applicant fails to timely file a final application in
accordance with the time schedule submitted during the preliminary
application, and any extensions of time approved by the FAA, the FAA
will notify the applicant that the application is rejected and that the
application is no longer on file. The applicant may file a new
preliminary application at any time, and receive a new ``on file'' date
at that time.
    11. The FAA will publish in the Federal Register a notice of
receipt of the final application, establish a docket, and accept public
comment on the application for a period of 60 days. The FAA reserves
the right to modify the comment period at its own discretion. If an
application is approved, exemptions will be issued after the execution
of all documents necessary to fulfill the requirements of section 47134
and other laws and regulations within the FAA's jurisdiction (e.g.,
issuance of a Part 139 certificate to the private operator; FAA
confirmation that the private operator has a TSA approved security
program under 49 CFR part 1542). FAA representatives will be available
to meet with parties interested in an airport privatization project
both before and after the filing of a preliminary application for
exemption to discuss the Federal statutory requirements and policies
that apply to applications under section 47134. Airport sponsors are
encouraged to meet with the FAA early in the process to ensure that the
parties understand the actions that will be necessary for final program
participation.

Filing an Application

    1. Applicants must submit one original application package and four
copies containing the information described under ``Content of
Applications'' in this notice to: Associate Administrator for Airports,
ARP-1, Room 600 East, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591.
    2. All preliminary and final applications may be delivered, mailed,
or submitted on a USB flash drive, but will not be considered to be
``on file'' with the FAA until received in the Office of the Associate
Administrator for Airports, Room 600 East.
    3. There is no required form for an application. However, the
preliminary application package must be submitted with a cover letter,
signed by appropriate officials of the current public sponsor or, in
the case of the final application, signed jointly by appropriate
officials of the current public sponsor and the private operator
proposing to buy or lease the airport. The cover letter must request
one or more of the exemptions authorized by 49 U.S.C. 47134(b) for the
purpose of the privatization of an airport. Please title each section
according to the section titles below.
    4. Officials signing for the public sponsor must provide evidence
of their authority to file the application, e.g., an enacted state
statute or adopted city council resolution.

Contents of the Preliminary Application

    The preliminary application should consist of:
    1. As much of the information required by Part I, ``Parties to the
Transaction,'' from the Final Application, as is available.
    2. A summary narrative of the objectives of the privatization
initiative, i.e., what the public sponsor wants to accomplish by the
solicitation. The narrative should indicate whether the applicant plans
on the full privatization of the airport by lease or sale to a private
operator, or intends a partial privatization by holding an interest in
the operating entity that will operate the airport.
    3. A description of the process and a reasonable, realistic
timetable to be employed in selecting an operator and completing
transfer of the airport. This should include the identification of all
local approvals and the time frame when the FAA can anticipate the
final application will be submitted for review.
    4. All of the information required by Part II, ``Airport
Property,'' from the Final Application.
    5. Financial statements including balance, income, and cash flow
statements for the last two full fiscal year periods.
    6. A description of the procurement, i.e., selection/evaluation of
a private operator for the management and operation of the airport with
reference to the nine statutory conditions under 49 U.S.C. 47134.

The Final Application

    The following statements and information must be included in the
final application. The FAA realizes that some documents, figures, and
other information will not be available until shortly before the
execution of the transfer transaction. The final application may only
be filed after the public sponsor has selected a private operator and
reached sufficient agreement with the operator on the terms of the
transaction to represent those terms in an application. The FAA will
not require that all information listed below be provided at the time
of the application.
    However, for each item below for which information is not
available, the applicant may substitute a description of the expected
response and the date by which the final information will be available.
Information not provided with the application should be submitted to
the FAA as soon as it becomes available.

Part I. Parties to the Transaction

    A. Name of the airport proposed for sale or lease.
    B. Name and address of the public sponsor of the airport; name,
address, telephone number, and email address of the person to contact
about the application.
    C. Name and address of the private operator proposing to purchase
or lease the airport; name, address, telephone number, and email
address of the person to contact about the application.
    D. If the private operator proposing to purchase or lease the
airport is a partnership, joint venture, or other consortium of
multiple interests, the name and address of each of the participating
members.
    E. Citizenship of the private operator or each member of the
private operator consortium, and percentage of interest of each such
member.
    F. If the public sponsor will retain an interest in the new
operating entity and share ownership of that entity with a private
investor, the percentages of ownership to be held by the public sponsor
and the private investor respectively.
    G. A statement of the public sponsor's authority to sell or lease
the airport, with a citation to legal authorities.
    H. If the public sponsor will share ownership in the operating
entity with a private investor, a statement of the public sponsor's
authority to participate in a private enterprise.

Part II. Airport Property

    A. For each airport included in the application, a description of
the airport property to be transferred. Applicants should describe
property in sufficient detail to identify the parcels of property and
facilities to be transferred; a map and a legal description of the
property may be included but are not required.
    B. A history of the acquisition of existing airport property.
Applicants should include information on grants, types of deeds, the
dates and means of conveyance, e.g., Surplus Property Act, other
Federal conveyance of donated property, parcels purchased with Federal
funds, and parcels purchased with only local funds.

    C. An explanation of any differences between the airport property
to be transferred and Exhibit A to recent AIP grant agreements.
    D. Evidence of Good Title to the airport property satisfactory to
the FAA.

Part III. Terms of the Transfer

    A. A detailed description of the terms of the transfer, other than
financial, including:
    1. Term of the lease or other transfer agreement.
    2. A description of any rights, authority, or interests retained by
the public sponsor, including reversion of title to facilities.
    3. If the private operator is a consortium, a description of the
respective rights and responsibilities of each member.
    4. If the public sponsor will share ownership of the operating
entity, a description of the respective rights and responsibilities of
the public sponsor and private owners of the operating entity.
    B. Financial terms of the transaction:
    1. Amounts and timing of payments to the public sponsor.
    2. Amounts of payments to sponsor to be used, respectively, for
airport purposes (including recoupment of public sponsor investments
not previously recovered) and for other purposes.
    3. Financing arrangements, including sources of the funds used by
the private operator for purchase or initial lease payment and future
lease payments, and for return on investment.
    4. Projected impact of the initial transaction on the fee structure
for charges to airport users.
    5. Projected impact of future purchase or lease payments to the
public sponsor on the fee structure for charges to airport users.
    6. Other relevant financial terms of the transfer.
    C. Copies of all documents executed as part of the transfer, to be
provided as they are executed or are in sufficiently final form to
indicate the substantive nature of the expected final document.
    D. If applicable, a request for confidentiality of any particular
document or information submitted, with supporting information.
    E. Provisions of a document conferring third-party beneficiary
rights on behalf of the FAA to enforce, directly against the private
operator, key obligations contained in AIP grant agreements and the
assurances required by section 47134.

Part IV. Qualifications of the Private Operator

    A. A complete description of airport management and operations
experience, including the identity, experience, expertise, and
responsibility of key personnel. A description of the facilities and
airports presently being managed by the company, both domestically and
internationally. If the private operator is a newly formed entity,
describe the experience of the constituent members and the proposed
management structure to integrate operational functions.
    B. Financial resources for operating/capital expenses of the
airport. Copies of the 10K annual reports filed in the past three years
with the Securities and Exchange Commission, if filed. If 10K annual
reports were not filed, provide a balance sheet and income statement
prepared in accordance with Generally Accepted Accounted Principles,
with all footnotes applicable to the financial statements. The private
operator should have a letter of credit equal to cash reserves of six
months for the initial operation of the airport unless a lower amount
is approved in advance by the FAA.
    C. Timing and details of application for Part 139 certificate, if
applicable.
    D. Plan for compliance with 49 CFR part 1542, if applicable.
    E. A description of the private operator's capability and
experience of complying with the public sponsor's existing grant
assurances, including the assurance of compatible land use around the
airport; the protection of navigation aids, approach lights, runway
safety areas, and runway protection zones; and the continuation and
extension of avigation easements.
    F. Affiliations with air carriers or other persons engaged in
aeronautical business activity at an airport (other than airport
management).
    G. A description of all charges of unfair or deceptive practices or
unfair methods of competition brought against the private operator and
private operator's key personnel; and, in the case of a private
operator that is a joint venture, partnership, or other consortium, the
separate members of the entity in the past 10 years. The description
should include the disposition or current status of each such
proceeding.
    H. Any other pending civil litigation against the private operator
or its key personnel.

Part V. Requests for Exemption

    A. Describe the specific exemption requested by the public sponsor
under 49 U.S.C. 47134(b)(1), from the prohibition on use of airport
revenue for general purposes, including the amount of funds involved.
The description should include sale or lease proceeds as well as funds
in existing airport accounts that would be transferred to general
accounts.
    B. Describe the specific exemption requested by the public sponsor
under 49 U.S.C. 47134(b)(2) from the requirement to repay Federal grant
funds or return property.
    C. Describe the specific exemption requested by the private
operator under 49 U.S.C. 47134(b)(3) from the prohibition on use of
airport revenue for general purposes. The description should include
the anticipated amount of airport revenue to be used for compensation
of the private operator, the source of airport funds involved, and a
description of the effect, if any, on air carrier and other
aeronautical user fees.

Part VI. Certification of Air Carrier Approval

    A. For an application relating to a primary airport:
    1. Provide a certification that air carriers meeting the
requirements of 49 U.S.C. 47134(b)(1)(A)(i) approve the exemption
described in Part V.A. above.
    2. Provide:
    i. A list of all U.S. air carriers serving the airport, to include
all carriers conducting operations at the airport under authority of 14
CFR part 121 that have a lease and/or use agreement at the airport or
that conducted at least 50 flights under such authority in the
preceding calendar year;
    ii. A list of all carriers conducting operations at the airport as
a commuter air carrier within the meaning of 14 CFR part 298 that have
a lease and/or use agreement at the airport or that conducted at least
50 flights under such authority in the preceding calendar year; and
    iii. A list of all operators conducting operations at the airport
under authority of 14 CFR part 135 that have a lease and/or use
agreement at the airport and that have at least one aircraft used in
Part 135 operations based at the airport.
    3. The lists described in VI.A.2 should exclude any carrier that is
not currently serving the airport or that has responded to a
solicitation or submitted a proposal to serve as a private airport
operator or participate in a private airport operator consortium at
that airport.
    4. Provide:
    i. A list of the air carriers that have approved the exemption;
    ii. The total landed weight of operations by all air carriers
listed

under VI.A.2 above at the airport for the preceding year;
    iii. The total landed weight of each air carrier listed under
VI.A.2 above that has approved the exemption; and
    iv. A list of carriers serving the airport in the previous or
current year but excluded from the lists in VI.A.2, with the reason for
exclusion.
    5. Provide a copy of each document indicating air carrier approval
of or objection to the exemption requested.
    6. Provide a description of consultation with foreign air carriers
serving the airport on proposals for air carrier approval under 49
U.S.C. 47134(b)(1)(A).
    B. For an application relating to a nonprimary airport:
    1. Provide certification that the public sponsor has consulted with
at least 65 percent of the owners of aircraft at the airport regarding
the sponsor's application for the exemption described in Part V.A.
above.
    2. Copies or a description of the information conveyed to aircraft
owners at the airport regarding the proposed exemption.
    3. Copies of comments received from aircraft owners on the proposed
exemption.

Part VII. Airport Operation and Development

    A. Provide a description of how the private operator, the public
sponsor, or both will address the following issues with respect to the
operation, maintenance, and development of the airport after the
proposed transfer.
    1. Part 139 certification. If applicable, a request for a Part 139
certificate should be filed with thelocal FAA Regional Airports
Division. The exemption application needs only to reflect the private
operator's intentions and the status of a certificate application, if
applicable.
    2. Continuing access to the airport on fair and reasonable terms
and without unjust discrimination, in accordance with section
47134(c)(1).
    3. Continued operation of the airport in the event of bankruptcy or
other financial or legal impairment of the private operator, in
accordance with the specific terms of section 47134(c)(2). The
application should include any provision for reversion to the public
sponsor. The application should include a legal opinion and
certifications from both the public sponsor and the private operator
that the proposed plan will be effective under operation of all
applicable law, including but not limited to bankruptcy law, in
assuring the continued operation of the airport.
    4. Maintenance, improvement, and modernization of the airport, in
accordance with section 47134(c)(3), including the public sponsor's
most recent 5 year capital improvement plan and the 5 year capital
improvement plan proposed by the private operator. Applicants should
identify the sources of funds to be used for capital development,
including any continuing contributions by the public sponsor. If funds
are to be borrowed, applicants should identify the expected sources,
anticipated repayment terms of any borrowed funds, and the source of
revenue to be used for repayment. Applicants should also include any
financial security provisions, such as a letter of credit or
performance bond, for the accomplishment of the maintenance,
improvement, and modernization projects committed to by the private
operator.
    5. Compliance with the limitations on air carrier fees, pursuant to
section 47134(c)(4), not imposed for funding of new capital development
undertaken after the transfer to the private operator. If it is the
private operator's intent to impose an increase in fees on air carriers
exceeding the limit in section 47134(c)(4), provide:
    i. The amount of the planned increase in fees;
    ii. A list of the air carriers that have approved the increase;
    iii. The total landed weight of all operations by air carriers at
the airport for the preceding year (which for a primary airport should
be the same as provided in VI.A.4.b); and
    iv. The total landed weight of all operations by air carriers that
have approved the increase.
    6. Compliance with the limitation on general aviation fees
described in section 47134(c)(5).
    7. Maintenance of safety and security at the airport, in accordance
with section 47134(c)(6). The application should note the applicant's
contacts with the FAA Regional Airports Division or Airports District
Office on Part 139 and TSA on Part 1542, but does not need to duplicate
information filed in connection with those actions. The application
should include planned efforts by the private operator to maintain the
public sponsor's existing mechanisms for communicating with airport
tenants and users and the public on safety and security issues.
    8. Mitigation of adverse effects of noise from airport operations,
in accordance with section 47134(c)(7). The applicant should
specifically describe its intentions with respect to an existing or
future Part 150 noise compatibility program for the airport, with
respect to the public sponsor's commitments under past records of
decisions on airport development projects, and other measures the
private operator proposes to take in the future.
    9. Mitigation of adverse effects on the environment from airport
operations, in accordance with section 47134(c)(8).
    10. Confirmation that any collective bargaining agreement that
covers employees of the airport and is in effect on the date of the
sale or lease of the airport will not be abrogated by the sale or
lease, as required by section 47134(c)(9).
    11. The private operator's intentions regarding consultation with
general aviation users regarding the planned privatization of the
airport, and the projected effect on general aviation of the proposed
changes in operation and management of the airport.
    12. Private operator's plans (if known) for development of general
aviation.
    B. The private operator's acceptance of the grant assurances
contained in the public sponsor's grant agreements with the FAA and
intention to assume legal responsibility for compliance with those
assurances, as reflected in the transfer documents. Assurance 25 need
not be addressed. In addition, the applicants' agreement that the grant
assurances and the assurances required for granting an exemption under
section 47134 create third-party beneficiary rights enforceable by the
FAA in an administrative or judicial legal proceeding, and permit FAA
to enforce directly against the private operator the grant assurances
and the assurances required for granting an exemption under section
47134.
    C. Provide a description of the parties' efforts to consult with
airport users about the proposed transaction and of the parties'
community outreach efforts.

Part VIII. Periodic Audits.

    A. Section 47134(k) provides that the FAA may conduct periodic
audits of the financial records and operations of an airport receiving
an exemption under the pilot program. Applicants should indicate in the
application their express assent to this provision.

    Issued in Washington, DC.
Winsome A. Lenfert,
Acting Associate Administrator for Airports.
[FR Doc. 2021-07586 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Page 79070]
[FR Doc No: 2010-31715]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending December 4, 2010

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers,
Conforming Applications, or Motions To Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2004-19016.
    Date Filed: December 2, 2010.
    Due Date for Answers, Conforming Applications, or Motion To Modify
Scope: December 23, 2010.
    Description: Application of Jetalliance Flugbeiriebs GmbH d/b/a JAF
Airservice requesting renewal of its exemption authority and for a
foreign air carrier permit to engage in: (i) Foreign charter air
transportation of persons, property and mail from any point or points
behind any Member State of the European Union via any point or points
in any Member State and via intermediate points to any point or points
in the United States and beyond; (ii) foreign charter air
transportation of persons, property and mail between any point or
points in the United States and any point or points in any member of
the European Common Aviation Area; (iii) other charter air
transportation; and (iv) transportation authorized by any additional
route rights made available to European Community carriers in the
future.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2010-31715 Filed 12-16-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18444-18445]
[FR Doc No: 2020-06278]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 862 and 866

[Docket No. FDA-2020-N-0011]

Medical Devices; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is amending
certain medical device regulations to accurately reflect the devices
exempted from premarket notification (510(k)) as indicated in the lists
published on April 13, 2017, and July 11, 2017. FDA published a final
amendment, final order in the Federal Register of December 30, 2019
(``Final Order'') codifying the two Federal Register notices. The
present revisions are necessary to correct editorial errors to ensure
that the codified is consistent with the exemptions in the Federal
Register notices. The rule does not impose any new regulatory
requirements on affected parties. This action is editorial in nature
and is intended to improve the accuracy of the Agency's regulations.

DATES: This rule is effective April 1, 2020.

FOR FURTHER INFORMATION CONTACT: Ryan Lubert, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 3574, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with sections 510(l)(2) and 510(m)(1)(A) of the
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360(l)(2)
and 360(m)(1)(A)), FDA issued two separate notices of final
determination exempting a list of class I and II devices from section
510(k) of the FD&C Act, respectively, subject to certain limitations
published in the Federal Register April 13, 2017 (82 FR 17841) and July
11, 2017 (82 FR 31976). The devices included in these lists were exempt
upon publication of the final determination notices in the Federal
Register notices (see sections 510(l)(2)(A) and 510(m)(3) of the FD&C
Act). On December 30, 2019 (84 FR 71794), FDA issued an amendment,
final order, which amended the codified for the classification
regulations implicated in the Federal Register notices to reflect the
exemptions and limitations on exemptions in those notices. This Final
Order incorrectly amended the codified for three device types such that
the exemption in the current codified is inconsistent with the scope of
the device exemptions described in the Federal Register notices.
Specifically, for the three implicated device types, FDA indicated in
the Federal Register notices that a device with a particular intended
use was exempt from the premarket notification requirements in section
510(k) of the FD&C Act; however, the codified currently indicates that
the entire device type is exempt from section 510(k) of the FD&C Act,
which is not the case.
    As such, FDA is amending the codified for Sec. Sec.  862.1345,
862.1775, and 866.2900 (21 CFR 862.1345, 862.1775, and 866.2900) to be
consistent with the exemptions as stated in the Federal Register
notices. These amendments are not substantive changes because the
Federal Register notices exempted the affected devices from the section
510(k) of the FD&C Act, but are intended to correct the codified and to
clarify which devices under those classification regulations are exempt
from the premarket notification requirements in section 510(k) of the
FD&C Act and which device types remain subject to such requirements.

II. Description of the Technical Amendments

    The regulations specified in this rule have been revised to correct
and clarify the codified language of the regulations specified in this
technical amendment, specifically Sec. Sec.  862.1345, 862.1775, and
866.2900, to be consistent with the exemptions as stated in the Federal
Register notices. FDA is making no substantive changes to the following
regulations:
    1. FDA is revising Sec.  862.1345(b) by replacing ``The device is
exempt from the premarket notification procedures in subpart E of part
807 of this chapter subject to the limitations in Sec.  862.9''

with ``The device, when it is solely intended for use as a drink to
test glucose tolerance, is exempt from the premarket notification
procedures in subpart E of part 807 of this chapter subject to the
limitations in Sec.  862.9.''
    2. FDA is revising Sec.  862.1775 by replacing ``The device is
exempt from the premarket notification procedures in subpart E of part
807 of this chapter subject to the limitations in Sec.  862.9'' with
``The device, when it is solely intended for use as an acid reduction
of ferric ion test, a phosphotungstate reduction test, a gasometric
uricase test, an ultraviolet uricase test, or an oxygen rate uricase
test, is exempt from the premarket notification procedures in subpart E
of part 807 of this chapter subject to the limitations in Sec.
862.9.''
    3. FDA is revising Sec.  866.2900 by replacing ``The device is
exempt from the premarket notification procedures in subpart E of part
807 of this chapter subject to the limitations in Sec.  866.9'' with
``The device, when solely intended for use in the collection of
concentrated parasites from specimens and transport, is exempt from the
premarket notification procedures in subpart E of part 807 of this
chapter subject to the limitations in Sec.  866.9.''

III. Notice and Public Comment

    Publication of this document constitutes final action of these
changes under the Administrative Procedure Act (APA) (5 U.S.C. 553).
Section 553 of the APA exempts ``rules of agency organization,
procedure, or practice'' from proposed rulemaking (i.e., notice and
comment rulemaking). 5 U.S.C. 553(b)(3)(A). Rules are also exempt when
an Agency finds ``good cause'' that notice and comment rulemaking
procedures would be ``impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B).
    FDA has determined that this rulemaking meets the notice and
comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (b)(3)(B).
FDA's revisions make technical or non-substantive changes that pertain
solely to ensuring that the regulations accurately reflect the
exemptions made by the Federal Register notices and do not alter any
substantive standard. FDA does not believe public comment is necessary
for these minor revisions.
    The APA allows an effective date less than 30 days after
publication as ``provided by the agency for good cause found and
published with the rule'' (5 U.S.C. 553(d)(3)). A delayed effective
date is unnecessary in this case because the amendments do not impose
any new regulatory requirements on affected parties. As a result,
affected parties do not need time to prepare before the rule takes
effect. Therefore, FDA finds good cause for the amendments to become
effective on the date of publication of this action.

List of Subjects

21 CFR Part 862

    Medical devices.

21 CFR Part 866

    Biologics, Laboratories, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
862 and 866 are amended as follows:

PART 862--CLINICAL CHEMISTRY AND CLINICAL TOXIOLOGY DEVICES

0
1. The authority citation for part 862 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. In Sec.  862.1345, revise paragraph (b) to read as follows:

Sec.  862.1345  Glucose test system.

* * * * *
    (b) Classification. Class II (special controls). The device, when
it is solely intended for use as a drink to test glucose tolerance, is
exempt from the premarket notification procedures in subpart E of part
807 of this chapter subject to the limitations in Sec.  862.9.

0
3. In Sec.  862.1775, revise paragraph (b) to read as follows:

Sec.  862.1775  Uric acid test system.

* * * * *
    (b) Classification. Class I (general controls). The device, when it
is solely intended for use as an acid reduction of ferric ion test, a
phosphotungstate reduction test, a gasometric uricase test, an
ultraviolet uricase test, or an oxygen rate uricase test, is exempt
from the premarket notification procedures in subpart E of part 807 of
this chapter subject to the limitations in Sec.  862.9.

PART 866--IMMUNOLOGY AND MICROBIOLOGY DEVICES

0
4. The authority citation for part 866 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
5. In Sec.  866.2900, revise paragraph (b) to read as follows:

Sec.  866.2900  Microbiological specimen collection and transport
device.

* * * * *
    (b) Classification. Class I (general controls). The device, when
solely intended for use in the collection of concentrated parasites
from specimens and transport, is exempt from the premarket notification
procedures in subpart E of part 807 of this chapter subject to the
limitations in Sec.  866.9.

    Dated: March 20, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-06278 Filed 4-1-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Rules and Regulations]
[Page 67102-67103]
[DOCID:fr13no08-2]

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

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2008-1130; Airspace Docket No. 08-ASW-14]
RIN 2120-AA66

Change of Controlling Agency for Restricted Areas R-6901A, R-
6901B, and R-6903; Wisconsin

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action changes the controlling agency of R-6901A and R-
6901B, Fort McCoy, WI, from ``FAA Chicago ARTCC'' to ``FAA, Minneapolis
ARTCC.'' This action also changes the controlling agency of R-6903,
Sheboygan, WI, from ``FAA, Chicago ARTCC'' to ``FAA, Minneapolis
ARTCC.'' The FAA is taking this action in response to a request from
Minneapolis Air Route Traffic Control Center (ARTCC) to reflect an
administrative change of controlling agency responsibility for the
restricted areas. There are no changes to the boundaries; designated
altitudes; time of designation; or activities conducted within the
affected restricted area.

DATES: Effective Dates: 0901 UTC, January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 18, 2008, Minneapolis ARTCC requested that the FAA change
the controlling agency for R-6901A, R-6901B, and R-6903 from Chicago
ARTCC to Minneapolis ARTCC. They proposed the controlling agency change
request to enhance FAA service to the Volk Combat Readiness Training
Center (CRTC) by establishing a single point of coordination for
airspace usage. Additionally, as a single point of coordination, they
could provide more accurate information to parties seeking information
about the Volk airspace complex. Coordination and concurrence with the
controlling agency change proposal was accomplished between the two
ARTCCs and the Volk CRTC prior to this requested change being submitted
by Minneapolis ARTCC.
    Section 73.69 of Title 14 CFR part 73 was republished in FAA Order
7400.8P, effective February 16, 2008.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by revising the controlling agency listed for R-6901A and R-
6901B, Fort McCoy, WI, and R-6903, Sheboygan, WI; transferring
controlling agency responsibility for R-6901A and R-6901B from ``FAA
Chicago ARTCC'' to ``FAA, Minneapolis ARTCC'' and for R-6903 from
``FAA, Chicago ARTCC'' to ``FAA, Minneapolis ARTCC.'' This is an
administrative change and does not affect the boundaries, designated
altitudes, or activities conducted within the restricted area;
therefore, notice and public procedures under 5 U.S.C. 553(b) are
unnecessary.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it is amending the controlling agency for R-6901A and R-6901B, Fort
McCoy, WI, and R-6903, Sheboygan, WI.

Environmental Review

    The FAA has determined that this action qualifies for a categorical
exclusion under the National

Environmental Policy Act in accordance with 311d., FAA Order 1050.1E,
``Environmental Impacts: Policies and Procedures.'' There are no
extraordinary circumstances that would require additional environmental
analysis.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.69  [Amended]

0
2. Sec.  73.69 is amended as follows:
* * * * *

R-6901A Fort McCoy, WI  [Amended]

    Under controlling agency, remove ``FAA Chicago ARTCC'' and insert
the words ``FAA, Minneapolis ARTCC.''
* * * * *

R-6901B Fort McCoy, WI  [Amended]

    Under controlling agency, remove ``FAA Chicago ARTCC'' and insert
the words ``FAA, Minneapolis ARTCC.''
* * * * *

R-6903 Sheboygan, WI  [Amended]

    Under controlling agency, remove ``FAA, Chicago ARTCC'' and insert
the words ``FAA, Minneapolis ARTCC.''
* * * * *

    Issued in Washington, DC, on November 5, 2008.
Edith V. Parish,
Manager, Airspace and Rules Group.
 [FR Doc. E8-26934 Filed 11-12-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Notices]
[Pages 63635-63636]
[FR Doc No: 2014-25386]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0170]

North Carolina Area Maritime Security Advisory Committee;
Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Notice of solicitation for membership.

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SUMMARY: This notice requests individuals interested in serving on the
North Carolina Area Maritime Security Committee (AMSC) to submit their
applications for membership, to the Captain of the Port, North
Carolina.

DATES: Requests for membership should reach the U.S. Coast Guard
Captain of the Port North Carolina on or before November 24, 2014.

ADDRESSES: Applications for membership should be submitted to the
Captain of the Port at the following address: Commander (sx), United
States Coast Guard, Sector North Carolina, 721 Medical Center Drive,
Wilmington, NC 28401 or by email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application or about the North Carolina Area Maritime Security
Committee in general, contact LCDR Douglas Lincoln at<PHONE_NUMBER> or
by email to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority

    Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 (Pub. L. 107-295) added section 70112 to Title 46 of the U.S.
Code, and authorized the Secretary of the Department in which the Coast
Guard is operating to establish Area Maritime Security Advisory
Committees (AMSCs) for any port area of the United States. (See 33
U.S.C. 1226; 46 U.S.C.; 33 CFR 1.05-1, 6.01; Department of Homeland
Security Delegation No. 0170.1). MTSA includes a provision exempting
these AMSCs from the Federal Advisory Committee Act, Public Law 92-436,
86 Stat. 470 (5 U.S.C. App. 2).

North Carolina AMSC Purpose

    The AMSCs shall assist the Captain of the Port in the development,
review, update, and exercising of the AMS Plan for their area of
responsibility. Such matters may include, but are not limited to:
Identifying critical port infrastructure and operations; Identifying
risks (threats, vulnerabilities, and consequences); Determining
mitigation strategies and implementation methods; Developing strategies
to facilitate the recovery of the MTS after a Transportation Security
Incident; Developing and describing the process to continually evaluate
overall port security by considering consequences and vulnerabilities,
how they may change over time, and what additional mitigation
strategies can be applied; and Providing advice to, and assisting the
Captain of the Port in developing and maintaining the Area Maritime
Security Plan.

AMSC Composition

    The composition of an AMSC, to include the North Carolina AMSC and
its subcommittees, is controlled by 33 CFR 103.305. Accordingly,
members may be selected from the Federal, Territorial, or Tribal
government; the State government and political subdivisions of the
State; local public safety, crisis management, and emergency response
agencies; law enforcement and security organizations; maritime
industry, including labor; other port stakeholders having a special
competence in maritime security; and port stakeholders affected by
security practices and policies. Also, members of the North Carolina
AMSC must have at least 5 years of experience related to maritime or
port security operations.

AMSC Membership

    The North Carolina AMSC has 11 members who represent Federal,
State, local, and industry stakeholders from North Carolina. We are
seeking to fill 3 positions with this solicitation. Applicants may be
required to pass an appropriate security background check prior to
appointment to the committee. Members' terms of office will be for 3
years; however, a member is eligible to serve additional terms of
office. Members will not receive any salary or other compensation for
their service on an AMSC.

Request for Applications

    Those seeking membership are not required to submit formal
applications to the local Captain of the Port, however, because we do
have an obligation to ensure that a specific number of members have the
prerequisite maritime security experience, we encourage the submission
of resumes highlighting

experience in the maritime and security industries.
    In support of the USCG policy on gender and ethnic
nondiscrimination, we encourage qualified women and men of all racial
and ethnic groups to apply.

    Dated: October 1, 2014.
S.R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port/Federal Maritime
Security Coordinator North Carolina.
[FR Doc. 2014-25386 Filed 10-23-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 72986-72987]
[FR Doc No: 2022-25830]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9260-051]

Sissonville Limited Partnership; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Extension of License Term.
    b. Project No: P-9260-051.
    c. Date Filed: November 7, 2022.
    d. Applicant: Sissonville Limited Partnership.
    e. Name of Project: Sissonville Hydroelectric Project (P-9260).
    f. Location: The project is located on the Raquette River in the
town of Potsdam, St. Lawrence County, New York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Erik Bergman, Manager, Boralex Hydro
Operations, Inc., 39 Hudson Falls Road, South Glens Falls, New York
12803,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Maryam Akhavan,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: December 21, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-9260-051. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Sissonville Limited Partnership,
licensee for the Sissonville Hydroelectric Project No. 9260 filed a
request with the Commission for a 5-year, 8-month extension of the 40-
year license for the project, currently expiring on April 30, 2028. The
new expiration date for the project would be December 31, 2033. The
licensee requests the extension to align the project license expiration
date with several other licensed hydroelectric projects located in the
lower Raquette River Basin. The licensee states that aligning the
expiration dates for the projects would allow a more synchronized
approach to the relicensing process. In addition, as requested by the
New York State Department of Environmental Conservation and U.S. Fish
and Wildlife Service, in exchange for support for the license
extension, the licensee has agreed to conduct an eel study of the lower
Raquette River and collect information on American eel distribution.
    l. Locations of the Application: This filing may be viewed on the
Commission's website 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. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any

filing made by an intervenor must be accompanied by proof of service on
all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 385.2010.

    Dated: November 21, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-25830 Filed 11-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33890-33892]
[FR Doc No: 2021-13681]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0515; FRL-10021-90]

1-Aminocyclopropane-1-Carboxylic Acid (1-ACC); Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the plant growth regulator 1-
aminocyclopropane-1-carboxylic acid (1-ACC) in or on apples and stone
fruit when used in accordance with good agricultural practices. Valent
BioSciences, LLC., submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance for residues of the plant growth regulator
1-aminocyclopropane-1-carboxylic acid (1-ACC) in or on apples and stone
fruit when used in accordance with good agricultural practices. This
regulation eliminates the need to establish a maximum permissible level
for residues of 1-aminocyclopropane-1-carboxylic acid (1-ACC).

DATES: This regulation is effective June 28, 2021. Objections and
requests for hearings must be received on or before August 27, 2021 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0515, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. Due to the public health concerns
related to COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is
closed to visitors with limited exceptions. The staff continues to
provide remote customer service via email, phone, and webform. For the
latest status information on EPA/DC services and docket access, visit
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0515 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
August 27, 2021. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0515, 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 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.

II. Background and Statutory Findings

    In the Federal Register of December 23, 2020 (85 FR 83880) (FRL-
10017-71), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 9F8781) by Valent BioSciences, LLC, 870 Technology Way,
Libertyville, IL 60048. The petition requested that 40 CFR part 180 be
amended by establishing an exemption from the requirement of a
tolerance for residues of the plant growth regulator 1-
aminocyclopropane-1-carboxylic Acid (1-ACC) in or on apple and stone
fruit when used in accordance of good agricultural practices. That
document referenced a summary of the petition prepared by the
petitioner Valent BioSciences, LLC., which is available in the docket,
http://www.regulations.gov. There were no comments received in response
to the notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.'' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider ``available information concerning the cumulative effects of a
particular pesticide's residues'' and ``other substances that have a
common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children.
    1-ACC is a naturally occurring non-protein amino acid found in all
plants. It acts as a plant growth regulator (PGR), precursing ethylene,
a plant hormone regulating a wide variety of vegetative and
developmental processes. The only conversion of 1-ACC for residues will
most likely be into ethylene, which would not be measurable as ethylene
is a quickly dissipating gas. Ethylene has been reviewed by EPA and is
exempt from tolerance (40 CFR 180.1016).
    As a biochemical pesticide, 1-ACC is intended for use on apples and
stone fruits for fruit thinning and enhanced return bloom and is
foliarly applied with calibrated spray equipment (i.e. orchard air
blast sprayer). 1-ACC's mode of action is as a signaling molecule in
plants to regulate fruit ripening, thinning, and enhanced return bloom.
No direct application to food is expected as applications are made pre-
fruiting, but it is possible that some trace amounts of the active
ingredient may be taken up into the plant.
    With regard to the overall toxicological profile of the active
ingredient 1-ACC, the active ingredient is of minimal toxicity through
the acute oral, acute dermal and acute inhalation routes of exposure.
The active ingredient is only mildly irritating to the eye and the
skin; and it is not a dermal sensitizer. With regard to the subchronic
toxicity, developmental toxicity, reproductive toxicity and
mutagenicity data requirements for the active ingredient 1-ACC, all
data requirements were satisfied by guideline studies. There were no
adverse subchronic effects for any oral or dermal routes of exposure.
The active ingredient was determined to be non-mutagenic, and no
adverse effects were identified relative to either developmental
toxicity or reproductive toxicity. Based on this toxicological profile,
EPA did not identify any toxicological endpoints of concern for
assessing risk for this chemical.
    Additionally, humans have a history of safe natural exposure to 1-
ACC as it is present in all fruits and vegetables and, therefore, is a
regular part of the human diet. With specific regard to human oral
toxicity, the Agency notes that the human digestive system has evolved
to accommodate 1-ACC in its digestive processes.
    As part of its qualitative risk assessment for 1-ACC, the Agency
also considered the potential for exposure to residues of 1-ACC,
including dietary and non-occupational exposures. EPA concludes that
dietary (food and drinking water) exposures are likely to be
negligible, due to the short half-life and biodegradable nature of the
pesticide. It is noted that dietary exposures to the residues of 1-ACC
are not anticipated to exceed the naturally occurring background levels
as exogenously applied 1-ACC is highly biodegradable. It has a half-
life of less than 8.5 days on the plant and is even more biodegradable
in aqueous soil conditions. No residential uses have been proposed.
    Based on 1-ACC's low toxicity, anticipated minimal dietary
exposure, and history of safe consumption in foods, no risks of concern
have been identified from aggregate exposure to 1-ACC. Similarly, no
risks of concern were identified for cumulative exposures to 1-ACC
since no common mechanism of toxicity was identified for either 1-ACC
or its metabolites. Therefore, based on the lack of toxicity and
expected negligible exposures, EPA has determined that there is a
reasonable certainty that no harm will result to the U.S. population,
including infants and children, from aggregate exposure to 1-ACC.
    A full explanation of the data upon which EPA relied and its risk
assessment based on those data can be found within the November 16,
2020, document entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA)
Considerations for 1-aminocyclopropane-1-carboxylic acid (ACC).'' This
document, as well as other relevant information, is available in the
docket for this action as described under ADDRESSES.

IV. Determination of Safety for U.S. Population, Infants and Children

    Based on the Agency's assessment, EPA concludes that there is
reasonable

certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of 1-ACC.
This includes all anticipated dietary exposures and all other exposures
for which there is reliable information. Based on the reliable data
indicating lack of toxicity, including threshold effects, that supports
EPA's determination to conduct a qualitative assessment, EPA has
concluded that the additional margin of safety is not necessary to
protect infants and children.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation. However, the analytical
methods Ultra High-Performance Liquid Chromatography-Tandem Mass
Spectrometry is available to EPA for the detection and measurement of
the pesticide residues

VI. Conclusions

    Therefore, an exemption is established for residues of 1-
aminocyclopropane-1-carboxylic acid (1-ACC) in or on apple and stone
fruit when used in accordance to good agricultural practices.

VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82 FR 9339, February 3, 2017). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: May 26, 2021.
Edward Messina,
Acting Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Revise Sec.  180.711 to read as follows:

Sec.  180.711   1-Aminocyclopropane-1-carboxylic Acid (1-ACC);
Exemption from the Requirement of a Tolerance.

    An exemption from the requirement of a tolerance is established for
1-aminocyclopropane-1-carboxylic acid (1-ACC) in or on apple and stone
fruit when applied in accordance with good agricultural practices.

[FR Doc. 2021-13681 Filed 6-25-21; 8:45 am]
BILLING CODE 6560-50-P