[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Proposed Rules]
[Pages 39023-39025]
[FR Doc No: 2022-13976]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0578; Airspace Docket No. 21-AWP-60]
RIN 2120-AA66

Proposed Amendment & Removal of Class E Airspace; Valle Airport,
AZ

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace extending
upward from 700 feet above the surface, and remove the Class E airspace
extending upward from 1,200 feet above the surface at Valle Airport,
Grand Canyon, AZ. Additionally, this action proposes to make
administrative changes to the existing Class E legal description. These
actions will ensure the safety and management of instrument flight
rules (IFR) operations at the airport.

DATES: Comments must be received on or before August 15, 2022.

ADDRESSES: Send comments on this proposal to the U.S. DOT, Docket
Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room
W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-
9826. You must identify ``FAA Docket No. FAA-2022-0578; Airspace Docket
No. 21-AWP-60,'' at the beginning of your comments. You may also submit
comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Gerald DeVore, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code (U.S.C.). Subtitle I,
Section 106 describes the authority of the FAA Administrator. Subtitle
VII, Aviation Programs, describes in more detail the scope of the
agency's authority. This rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority, as it would modify Class E airspace at Valle Airport, Grand
Canyon, AZ, to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2022-0578;
Airspace Docket No. 21-AWP-60.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, dated August
10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is
publicly available as listed in the ADDRESSES section of this document.
FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by modifying
Class E airspace extending upward from 700 feet above the surface at
Valle Airport, Grand Canyon, AZ. This airspace should be modified to
remove the extensions north and south of the airport, as the extensions
are no longer needed. Furthermore, to properly contain departing IFR
aircraft flying toward or over rising terrain to 1,200 feet above the
surface, the eastern portion of the airspace radius should be increased
from 6.4 miles to 6.8 miles.
    Additionally, the FAA is also proposing the Class E airspace
extending upward from 1,200 feet above the surface should be removed.
This area is contained within the Los Angeles Class E airspace
designated as a domestic en route airspace area, and duplication is not
necessary.
    Finally, the legal description should be updated to contain the
correct city and airport names on lines one and two, and the geographic
coordinates for the airport should be updated to match the FAA's
database.
    The Class E5 airspace designation is published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11, which is published yearly and
becomes effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

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

* * * * *

AWP AZ E5 Grand Canyon, AZ [Amended]

Valle Airport, AZ
    (Lat. 35[deg]39'02'' N, long. 112[deg]08'53'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the airport beginning at the 020[deg]
bearing from the airport clockwise to the 190[deg] bearing from the
airport, and within a 6.4-mile radius of the airport beginning at
the 190[deg] bearing from the airport clockwise to the 020[deg]
bearing from the airport.

    Issued in Des Moines, Washington, on June 24, 2022.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-13976 Filed 6-29-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Notices]
[Pages 33801-33804]
[FR Doc No: 2019-14967]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0011]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 13 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before August 14, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0011 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0011), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0011, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0011, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 13 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes

and traffic violations. Copies of the studies may be found at Docket
Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

III. Qualifications of Applicants

Shawn T. Cobbs

    Mr. Cobbs, 47, has had complete loss of vision in his left eye
since 2014. The visual acuity in his right eye is 20/20, and in his
left eye, no light perception. Following an examination in 2019, his
optometrist stated, ``In my medical opinion, I certify that Mr. Cobbs
has sufficient vision in his right eye to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cobbs reported that he
has driven tractor-trailer combinations for 18 years, accumulating 1.62
million miles. He holds an operator's license from Maryland. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

John H.L. Crews

    Mr. Crews, 66, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/100, and in his left eye, 20/
30. Following an examination in 2019, his optometrist stated, ``In my
opinion he does have sufficient vision to perform driving tasks to
operate a commercial vehicle.'' Mr. Crews reported that he has driven
straight trucks for 35 years, accumulating 1.87 million miles. He holds
an operator's license from Utah. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

Paul T. Fisher

    Mr. Fisher, 35, has had a prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2018, his optometrist stated,
``In my medical opinion Paul Fisher has sufficient vision to preform
[sic] the driving tasks required to operate a commercial vehicle.'' Mr.
Fisher reported that he has driven tractor-trailer combinations for
three years, accumulating 225,000 miles. He holds a Class A CDL from
Massachusetts. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Kevin S. Haas

    Mr. Hass, 48, has optic nerve pallor in his right eye due to a
traumatic incident in 1993. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2019, his optometrist stated, ``In my professional opinion, Mr. Haas
has sufficient vision to perform the driving tasks necessary to operate
a commercial vehicle.'' Mr. Haas reported that he has driven straight
trucks for 22 years, accumulating 1.65 million miles. He holds a Class
B CDL from Pennsylvania. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Ricky L. Kilpatrick

    Mr. Kilpatrick, 60, has complete loss of vision in his left eye due
to a traumatic incident in 2009. The visual acuity in his right eye is
20/20, and in his left eye, no light perception. Following an
examination in 2019, his optometrist stated, ``Ricky Kilpatrick has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Kilpatrick reported that he has driven
straight trucks for 34 years, accumulating 340,000 miles, tractor-
trailer combinations for 38 years, accumulating 152,000 miles, and
buses for 32 years, accumulating 352,000 miles. He holds a Class A CDL
from Oklahoma. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Rodney E. Mattson

    Mr. Mattson, 65, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2019, his optometrist stated,
``Reviewed patient has sufficiency [sic] vision to perform driving
tasks- commercial vehicle.'' Mr. Mattson reported that he has driven
straight trucks for four years, accumulating 8,000 miles, and buses for
four years, accumulating 8,000 miles. He holds a Class B CDL from
Minnesota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Jeffrey T. Molosz

    Mr. Molosz, 54, has aphakia in his right eye due to a traumatic
incident in 1980. The visual acuity in his right eye is 20/50, and in
his left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``Appears to have sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Molosz reported that he
has driven straight trucks for 32 years, accumulating 640,000 miles,
and tractor-trailer combinations for 18 years, accumulating 180,000
miles. He holds a Class AM CDL from Illinois. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

William H. Moore

    Mr. Moore, 54, has had a retinal detachment in his right eye since
2016. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2018, his optometrist
stated, ``In my medical opinion Mr. Moore has sufficient vision to
perform the driving task required to

operate a commercial vehicle.'' Mr. Moore reported that he has driven
straight trucks for 10 years, accumulating 200,000 miles, tractor-
trailer combinations for 10 years, accumulating 300,000 miles, and
buses for five years, accumulating 50,000 miles. He holds a Class AMV
CDL from Alabama. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Thomas N. Pizzurro, Jr.

    Mr. Pizzurro, 28, has a macular hole in his left eye due to a
traumatic incident in 2004. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2019, his
ophthalmologist stated, ``In my medical opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Pizzurro reported that he has driven straight trucks for
10 years, accumulating 250,000 miles. He holds a Class B CDL from New
York. His driving record for the last three years shows no crashes and
no convictions for moving violations in a CMV.

Glen A. Potts

    Mr. Potts, 65, has a macular scar in his right eye due to a
traumatic incident in 1989. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/25. Following an examination
in 2019, his optometrist stated, ``The patient has an old macular scar
and a central scotoma present in the right eye. In my professional
opinion I see no reason why Glen Potts would be unable to operate a
commercial vehicle.'' Mr. Potts reported that he has driven straight
trucks for 30 years, accumulating 1.35 million miles, and tractor-
trailer combinations for 30 years, accumulating 1.35 million miles. He
holds a Class AM CDL from Pennsylvania. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

Guillermo Rocha, Jr.

    Mr. Rocha, 32, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
150. Following an examination in 2019, his optometrist stated, ``Mr.
Rocha has been operating a commercial vehicle for many years without
any incidences [sic] to my knowledge and has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Rocha reported that he has driven straight trucks for five years,
accumulating 60,000 miles. He holds an operator's license from
California. His driving record for the last three years shows one
crash, which he was not cited for, and no convictions for moving
violations in a CMV

Lawrence A. Sivori

    Mr. Sivori, 63, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
50. Following an examination in 2019, his ophthalmologist stated, ``His
ocular examination shows nothing that would preclude him from operating
a commercial vehicle.'' Mr. Sivori reported that he has driven straight
trucks for 42 years, accumulating 420,000 miles, and tractor-trailer
combinations for ten years, accumulating 100,000 miles. He holds a
Class DA CDL from Kentucky. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Sharon H. Waggoner

    Ms. Waggoner, 43, has had amblyopia in her left eye since birth.
The visual acuity in her right eye is 20/20, and in her left eye, 20/
400. Following an examination in 2019, her optometrist stated, ``I
certify in my medical opinion that Sharon Waggoner has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Ms. Waggoner reported that she has driven tractor-trailer
combinations for 19 years, accumulating 1.9 million miles. She holds a
Class A CDL from Missouri. Her driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

IV. Request for Comments

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

    Issued on: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-14967 Filed 7-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78149-78150]
[FR Doc No: 2011-32214]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

[Docket No. FDA-2011-N-0003]

Oral Dosage Form New Animal Drugs; Estriol

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an original new animal drug
application (NADA) filed by Intervet, Inc. The NADA provides for the
veterinary prescription use of estriol tablets for the control of
estrogen-responsive urinary incontinence in ovariohysterectomized
female dogs.

DATES: This rule is effective December 16, 2011.

FOR FURTHER INFORMATION CONTACT: Lisa M. Troutman, Center for
Veterinary Medicine (HFV-116), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Intervet, Inc., 556 Morris Ave., Summit, NJ
07901, filed NADA 141-325 that provides for the veterinary prescription
use of INCURIN (estriol) Tablets for the control of estrogen-responsive
urinary incontinence in ovariohysterectomized female dogs. The NADA is
approved as of July 24, 2011, and the regulations are amended in 21 CFR
part 520 to reflect the approval.
    A summary of safety and effectiveness data and information
submitted to support approval of this application may be seen in the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4
p.m., Monday through Friday.
    The Agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    Under section 512(c)(2)(F)(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(i)), this approval qualifies for
5 years of marketing exclusivity beginning on the date of approval.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 520

    Animal drugs.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is
amended as follows:

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. Add Sec.  520.852 to read as follows:

Sec.  520.852  Estriol.

    (a) Specifications. Each tablet contains 1 milligram (mg) estriol.
    (b) Sponsor. See No. 000061 in Sec.  510.600(c) of this chapter.
    (c) Conditions of use in dogs--(1) Amount. Administer at an initial
dose of 2 mg per dog per day. The dosage may be titrated to as low as
0.5 mg per dog every second day, depending on response.
    (2) Indications for use. For the control of estrogen-responsive
urinary incontinence in ovariohysterectomized female dogs.
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.

    Dated: December 9, 2011.
 Bernadette Dunham,
 Director, Center for Veterinary Medicine.
[FR Doc. 2011-32214 Filed 12-15-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Proposed Rules]
[Pages 68152-68153]
[FR Doc No: 2014-26895]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 171

[EPA-HQ-OPP-2005-0561; FRL-9915-88]
RIN 2070-AJ20

Notification of Submission to the Secretary of Agriculture;
Certification of Pesticide Applicators Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretary of Agriculture.

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SUMMARY: This document notifies the public as required by the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA
Administrator has forwarded to the Secretary of the United States
Department of Agriculture (USDA) a draft regulatory document concerning
the certification of pesticide applicators rule revisions. The draft

regulatory document is not available to the public until after it has
been signed and made available by EPA.

DATES: See Unit I. under SUPPLEMENTARY INFORMATION.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2005-0561, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
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. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OPP Docket is
(703) 305-5805. Please review the visitor instructions and additional
information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michelle Arling, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to
provide the Secretary of USDA with a copy of any draft proposed rule at
least 60 days before signing it in proposed form for publication in the
Federal Register. The draft proposed rule is not available to the
public until after it has been signed by EPA. If the Secretary of USDA
comments in writing regarding the draft proposed rule within 30 days
after receiving it, the EPA Administrator shall include the comments of
the Secretary of USDA and the EPA Administrator's response to those
comments with the proposed rule that publishes in the Federal Register.
If the Secretary of USDA does not comment in writing within 30 days
after receiving the draft proposed rule, the EPA Administrator may sign
the proposed rule for publication in the Federal Register any time
after the 30-day period.

II. Do any statutory and executive order reviews apply to this
notification?

    No. This document is merely a notification of submission to the
Secretary of USDA. As such, none of the regulatory assessment
requirements apply to this document.

List of Subjects in Part 171

    Environmental protection, Applicator competency, Agricultural
worker safety, Pesticide safety training, Pesticide worker safety,
Pesticides and pests, Restricted use pesticides.

     Dated: November 3, 2014.
William L. Jordan,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2014-26895 Filed 11-13-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44438-44439]
[FR Doc No: 2023-14715]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Draft Air Tour Management Plan (ATMP) and Draft Environmental
Assessment (EA); Notice of Public Meeting

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of availability and public meeting.

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

SUMMARY: The FAA, in cooperation with the National Park Service (NPS),
has initiated development of an ATMP for Bandelier National Monument
(the Park) pursuant to the National Parks Air Tour Management Act of
2000 and its implementing regulations. This notice announces the public
availability of the draft ATMP and draft EA for comment and the date of
the public meeting for the Park in accordance with National Parks Air
Tour Management Act of 2000 and National Environmental Policy Act
(NEPA) of 1969. The purpose of the public meeting is to review the
draft ATMP with the public. The draft ATMP provides acceptable and
effective measures to mitigate or prevent the significant adverse
impacts, if any, of commercial air tour operations upon the Park's
natural and cultural resources and visitor experiences, as well as on
tribal lands. In accordance with Section 106 of the National Historic
Preservation Act, the FAA and the NPS are also seeking public comment
on the potential of the draft ATMP to cause adverse effects to historic
properties.

DATES:

Comment Period

    Comments must be received on or before August 11, 2023, by 11:59
MDT. Comments will be received on the NPS Planning, Environment and
Public Comment System (PEPC) website. The Park's website link is
https://parkplanning.nps.gov/BandelierATMP.
    Before including your address, phone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask in your
comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so.

Public Meeting Date

    The meeting will be held virtually at the date and time listed
below. Questions will be accepted during the public meeting through a
separate form. The link for the question form is provided below.
Questions submitted for the public meeting are not considered an
official comment as part of the public comment period. Attendees are
encouraged to submit their comments for the official record via the
link provided in the Comment Period Dates section.

 Tuesday, July 25, 2023, from 5:30 p.m.-7:00 p.m. MDT
 Meeting Livestream: https://www.youtube.com/watch?v=yDJdlvGTWFs
 Submit questions for the meeting: https://forms.gle/qzyhAWKCmV8eEWuG6

ADDRESSES: The meetings will be held virtually. Members of the public
who wish to participate in the virtual meetings can access the live
meeting through the link provided in this notice on the day of the
event. The meeting link will also be available at Air Tour Management
Plan  Federal Aviation Administration (faa.gov) and on the NPS
PEPC website for the Park.
    Contact: Any request for reasonable accommodation related to
providing public comments on the draft ATMP or draft EA should be sent
to the person listed on the Park's PEPC sites. The U.S. Department of
Transportation and U.S. Department of the Interior are committed to
providing equal access to the meetings for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sandra Fox,<PHONE_NUMBER>,
faa.gov">[email protected]faa.gov.

SUPPLEMENTARY INFORMATION: The FAA is issuing this notice pursuant to
the National Parks Air Tour Management Act of 2000 (Pub. L. 106-181)
and its implementing regulations contained in Title 14, Code of Federal
Regulations (CFR) Part 136, Subpart B, National Parks Air Tour
Management and the National Environmental Policy Act (NEPA) of 1969 and
the Council of Environmental Quality NEPA Implementing Regulations (40
CFR parts 100-1508). The objectives of the ATMP are to develop
acceptable and effective measures to mitigate or prevent the
significant adverse impacts, if any, of commercial air tour operations
upon the natural resources, cultural resources, and visitor experiences
of the Parks as well as on tribal lands. The FAA and the NPS are
inviting comment from the public, Federal and state agencies, tribes,
and other interested parties on the draft ATMP and draft EA for
Bandelier National Monument.
    The FAA and the NPS have determined that the ATMP constitutes a
Federal undertaking subject to compliance with Section 106 of the
National Historic Preservation Act and its implementing regulations (36
CFR part 800). The FAA and the NPS have consulted with tribes, State
and Tribal Historic Preservation Officers, and other interested parties
to identify historic properties and assess the potential effects of the
ATMP on them.
    The meetings will be open to the public. Members of the public who
wish to observe the virtual meetings can access the livestream from the
link and websites provided in this notice.
    The FAA and the NPS request that comments be as specific as
possible in response to the draft ATMP and draft EA. All written
comments become part of the official record. Written comments on the
draft ATMP and draft EA can be submitted via PEPC or sent to the
mailing addresses provided on the Park's PEPC sites. Comments will not
be accepted by fax, email, or any other way than those specified above.

    Issued in Washington, DC, on July 7, 2023.
Sandra Fox,
Environmental Protection Specialist, FAA Office of Environment &
Energy.
[FR Doc. 2023-14715 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8088-8089]
[FR Doc No: 2018-03701]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2015-E-2602; FDA-2015-E-2615]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ZYDELIG--New Drug Application 206545

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for ZYDELIG based on new drug
application (NDA) 206545 and is publishing this notice of that
determination as required by law. FDA has made the determination
because of the submission of applications to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by April
24, 2018. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by August 22, 2018.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 24, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of April 24, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2015-E-2602 and FDA-2015-E-2615 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; ZYDELIG-NDA 206545.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the dockets and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the

docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product ZYDELIG
(idelalisib). As approved in both NDA 206545 and NDA 205858, ZYDELIG is
indicated for treatment of patients with:
     Relapsed chronic lymphocytic leukemia in combination with
rituximab, in patients for whom rituximab alone would be considered
appropriate therapy due to other co-morbidities.
     Relapsed follicular B-cell non-Hodgkin lymphoma (FL) in
patients who have received at least two prior systemic therapies.
     Relapsed small lymphocytic lymphoma (SLL) in patients who
have received at least two prior systemic therapies.
    Accelerated approval was granted for FL and SLL based on overall
response rate. Improvement in patient survival or disease related
symptoms has not been established. Continued approval for these
indications may be contingent upon verification of clinical benefit in
confirmatory trials.
    Subsequent to the approvals, the USPTO received patent term
restoration applications for ZYDELIG (U.S. Patent Nos. RE44599 and
RE44638) from ICOS Corporation, and the USPTO requested FDA's
assistance in determining the patents' eligibility for patent term
restoration. In a letter dated November 4, 2015, FDA advised the USPTO
that this human drug product had undergone a regulatory review period
and that the approvals of ZYDELIG under NDA 206545 and NDA 205858
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
ZYDELIG is 2,247 days. Of this time, 2,017 days occurred during the
testing phase of the regulatory review period, while 230 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: May 30, 2008. FDA has verified the applicant's claim that
the date the investigational new drug application (IND) became
effective was on May 30, 2008. This is the same IND and the same date
FDA determined as the beginning of the regulatory review period for
ZYDELIG approved under NDA 205858. The regulatory review period for
ZYDELIG approved under NDA 205858 is publishing in this issue of the
Federal Register.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: December
6, 2013. FDA has verified the applicant's claims that the NDA for
ZYDELIG (NDA 206545) was initially submitted on December 6, 2013.
    3. The date the application was approved: July 23, 2014. FDA has
verified the applicant's claims that NDA 206545 was approved on July
23, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 494 days or 708 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 16, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03701 Filed 2-22-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86990-86995]
[FR Doc No: 2020-28798]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. DOT-OST-2011-0170]

Notice of Submission of Proposed Information Collection to OMB;
Agency Request for Revision of BTS Form 251 and Renewal of OMB Control
Number 2138-0018: Part 250 of the Department's Economic Regulations--
Oversales

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
this Notice confirms the Department of Transportation's (Department)
intention to renew and revise an Office of Management and Budget (OMB)
control number as related to the Department's Bureau of Transportation
Statistics (BTS) Form 251, Report of Passengers Denied Confirmed Space.
A 60-day comment period soliciting comments on the information
collection was published on March 3, 2020. Three comments were
received. The Department addresses those comments in this Notice and is
seeking to renew the current OMB control number by forwarding the
Information Collection Request (ICR) abstracted below to OMB. The ICR
renames Form 251 to Form 250 and revises the form to reduce the burden
on airlines, better clarify the instructions for completing the form,
and provide more relevant information to consumers.

DATES: Comments on this Notice must be received by February 1, 2021.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW, Washington, DC 20503. Comments may
also be sent via email to OMB at the following address:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Stuart Hindman,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Office of Aviation Consumer Protection (C-70),
U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2138-0018.
    Title: Report of Passengers Denied Confirmed Space Due to an
Oversale Situation.
    Type of Request: Request to Revise and Rename Form 251 and Renew
OMB Control Number.
    Abstract/Background: BTS Form 251 is a one-page report that U.S.
reporting carriers submit to the Department on a quarterly basis. Among
other things, the form contains the following information: (1) The
number of passengers denied seats on flights that they hold confirmed
spaces, either voluntarily or involuntarily, (2) the numbers of
passengers involuntarily denied boarding (bumped passengers) who
qualified for compensation and were or were not provided alternate
transportation, (3) the number of passengers voluntarily or
involuntarily denied boarding who received compensation and the amounts
of the compensation paid to them, and (4) the total number of
enplanements at a U.S. airport relating to flights that are subject to
the oversales rule. For the purpose of Form 251, reporting carriers are
U.S. air carriers that account for at least 0.5 percent of domestic
scheduled-service passenger revenues. These reporting carriers must
submit Form 251 for all flights operated on aircraft with a designed
passenger capacity of 30 or more seats which depart a U.S. airport.
Carriers do not report data from inbound international flights to the
United States because the protections of 14 CFR part 250 Oversales do
not apply to these flights. In addition, reporting carriers must file a
separate form for all scheduled flight segments originating in the
United States that are operated by a codeshare partner of the reporting
carrier that is a certificated air carrier or commuter air carrier
using aircraft that have a designed passenger capacity of 30 or more
seats, and marketed only under one U.S. carrier's code. As of January
1, 2020, there are 5 such reporting carriers.
    The Department uses Form 251 to monitor the level of oversales
activity by each reporting carrier, the impact on passengers, and the
effectiveness of the Department's oversales rule. Certain information
collected from Form 251 is made available to the public in the
Department's monthly publication, the Air Travel Consumer Report
(ATCR), at: https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports. The ATCR is a widely
cited source of information for newspapers, magazines and trade
journals. A review of the Form 251 data reveals that the overall
involuntarily denied-boarding rate has consistently decreased in recent
years, while passenger enplanements are increasing. For example,
compared to the annual involuntary denied boarding rate of 4.38 per
10,000 passengers in 1980, this rate has been reduced to 0.24 per
10,000 passengers in 2019. Publishing individual carrier's denied
boarding rates publicly serves to diminish the need for more intrusive
regulations by disincentivizing carriers from setting unreasonable
overbooking rates--resulting in a market based mechanism that is more
efficient than direct regulation. In addition, a carrier's denied
boarding rate provides an insight into that carrier's operational
principles and customer service practices. For instance, a rapid
sustained increase in the rate of denied boarding may indicate
operational difficulties. Because the rate of denied boarding is
released quarterly, travelers and travel agents concerned about being
bumped can select carriers with lower incidences of denied boardings.
    In 2016, the Department issued a final rule that, in part, revised
the oversales reporting requirements. In conjunction with that
rulemaking, on May 23, 2014 the Department published a 60-day FR Notice
(79 FR 29970), and, on November 3, 2016, a 30-day FR Notice (81 FR
76800) to renew and revise the OMB control number regarding oversales
information collection (2138-0018). On October 12, 2017, OMB approved
the control number authorizing these new collections of information
until October 31, 2020. The Department received an emergency extension
of the current OMB control number until December 31, 2020.
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA)
and its implementing regulations, 5 CFR part 1320, require Federal
agencies to issue two notices seeking public comment on information
collection activities before OMB may approve paperwork packages. 44
U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On March 3,
2020, the Department published a 60-day Notice in the Federal Register
soliciting comment on ICRs for which the agency was seeking OMB
approval (85 FR 12664). A line-by-line summary of the proposed changes
to the form with an explanation for each change was published in the
60-day Notice. The Department received three comments, one from an
industry trade organization, one from a U.S. airline, and one from a
member of the public. The Department's

response to the comments on each change is below:

Form 250

 Title

    A. Change: The current title of the form--``Report of Passengers
Denied Confirmed Space''--is revised to ``Report of Passengers Denied
Confirmed Space Due to an Oversale Situation'' and renamed to be ``Form
250.'' This revision is intended to clarify that the form is meant to
capture data relating to passengers denied boarding due to an oversale
situation and not for other reasons such as safety, security, or health
related reasons. Renaming the form to ``Form 250'' is intended to
clarify further the applicability of the data to oversale situations
and correspond to the appropriate part of Title 14 of the Code of
Federal Regulations which addresses oversales, Part 250.
    Comments: No comments were received on the title change.
 Line 1

    A. Change: Added ``from flights that were oversold'' to the leading
sentence to reinforce that the form is intended to capture data from
oversold flights.
    Comments: No comments were received on this change
    B. Change: In order to provide more complete and accurate
regulation citations, changed the regulation citation in line 1(a) to
``Sec.  250.5(a)(2) or (b)(2)'' and added a regulation citation in
lines 1(b) of ``Sec.  250.5(a)(3) or (b)(3).''
    Comment: Revert to previous language to match regulatory text and
add definition of ``oversold'' to form's instructions.
    Response: The Department accepts this comment. The Department has
reworded the language in lines 1(a) and 1(b), added a clarifying
language in Instruction (B), and added the definition of ``oversold
flight'' which is found in 14 CFR 250.9 to Instruction (A).
    C. Comment: Combine the data in lines 1(a) and 1(b).
    Response: The Department rejects this comment. The data contained
in lines 1(a) and 1(b) are distinct from each other, thus combining the
lines would result in the publication of misleading information.
Moreover, keeping the data separate allows the Department to more
accurately monitor airline oversales and accommodation practices.
 Line 2

    A. Change: Added ``from flights that were oversold'' in the leading
sentence to reinforce that the form is intended to capture data from
oversold flights.
    Comment: No comments were received on this change.
    B. Change: Reworded the contents in lines 2(a), 2(b), and 2(c) to
ensure that the language on the form matches the regulatory text,
listed order of exceptions to the denied boarding compensation rule
found in 14 CFR 250.6, and included the applicable citation to section
250.6.
    Comment: Add clarifying language to line 2(a) to ensure consistency
in reporting by carriers.
    Response: The Department concurs with this suggestion and has added
clarifying language to Instruction (C).
    C. Change: Moved the content of line 6 to line 2; reordered lines
2(a), 2(b), 2(c), and 2(d).
    Two Comments: (1) Remove all data in line 2 because the data is not
published by the Department and the reported data is not related to
denied boardings in an oversales situation. (2) In the alternative, the
Department should remove data collection related to upgrades and
downgrades (line 2(c)).
    Response: The Department rejects the comment to remove all
collection in line 2. Keeping data collection related to the exceptions
for denied boarding compensation allows the Department to monitor and
track overall compliance with the denied boarding compensation rules.
However, the Department accepts the suggestion to remove data related
to upgrades and downgrades. If a passenger is ultimately accommodated
on the flight but in a different section of the aircraft, the passenger
was not denied boarding due to the entire flight being ``oversold.''

 Line 3--no change was proposed

    A. Comment: Remove line 3 as data contained in this line is
duplicative of line 1 if line 2 is deleted.
    Response: The Department rejects the deletion of all of the
information in line 2; therefore, the data contained in line 3 is not
duplicative of other collected data.

 Line 4

    A. Changes: Added ``from an oversold flight'' to reinforce that the
form is intended to capture data from oversold flights. Added
``regardless of the type of compensation (e.g., voucher, cash)'' to
clarify that reporting carriers must report the actual number of all
passengers who receive any type of compensation as a result of being
denied boarding involuntarily.
    Comment: Remove line 4 as the data collected is duplicative of Line
1.
    Response: The Department rejects this comment. The data collected
in lines 1 and 4 are distinct. Line 1 collects the number of passengers
entitled to denied boarding compensation, while line 4 collects the
number of passengers that actually received denied boarding
compensation. The collection of the data in line 4 enables the
Department to monitor carriers' compliance with the denied boarding
compensation requirements, especially with regard to the proper payment
of owed denied boarding compensation. A discrepancy in the data
contained in lines 1 and 4 is an indication that a carrier may not be
properly compensating all passengers who are entitled to denied
boarding compensation.

 Line 5

    A. Change: Added ``due to a potential oversale situation'' to
reinforce that the form is intended to capture data from oversold
flights.
    Comment: Remove the word ``potential'' as it could place an
excessive burden on reporting carriers and could result in
overreporting of data.
    Response: The Department accepts the comment in part and has
substituted new language in line 5 to now read: Number of passengers
who voluntarily accepted a carrier's offer to give up reserved space
due to a potential oversale situation and did not travel on their
original flight in exchange for a payment of the carrier's choosing. In
the 60-day notice, line 5 stated: Number of passengers who volunteered
to give up reserved space due to a potential oversale situation in
exchange for a payment of the carrier's choosing. The Department
believes that adding the phrase ``and did not travel on their original
flight'' will prevent overreporting of potential oversale situation and
any undue burden for reporting carriers as the carrier would only
report the number of passengers who volunteer to be denied boarding
after solicitation by the carrier and ultimately give up a reserved
space.

 Line 6

    A. Changes: Moved the text in line 6 regarding upgrades and
downgrades to line 2 so that all data relating to exceptions to the
denied boarding compensation rule is on one line. Moved the text from
line 7 regarding total boardings to line 6 without any change.
    Comments: No comments were received on this change.

 Line 7

    A. Change: Moved the text from line 8 up to line 7 and added the
regulation citation to ``Sec.  250.5(a)(2) or (b)(2)'' to line 7(a) and
``Sec.  250.5(a)(3) or (b)(3)'' to line 7(b) to complete the applicable
regulatory citation.
    Comment: Remove lines 7(a) and 7(b) as requiring the reporting of
aggregate

data does not provide the Department or the public with usable
information.
    Response: The Department accepts the suggestion to remove lines
7(a) and 7(b). Instead, the Department will rename and reword proposed
line 7 to read: Amount of compensation paid to passengers who
voluntarily accepted a carrier's offer to give up reserved space on an
oversold flight that received cash or cash equivalent payment. This
change allows the Department to monitor industry practice regarding
payment of voluntary denied boarding compensation for potential
regulatory changes in the future.

Instructions to Form 250

    No Comments were received on the changes proposed in the
Instructions.

 Instruction (A)

    [cir] Added clarifying language to ensure reporting carriers are
only reporting data relating to oversold flights operated by covered
aircraft (i.e., aircraft with 30 or more seats).
    [cir] Added language related to the requirement for reporting
carriers to submit a separate Form 250 for flights operated by a
reporting marketing carrier's code-share partner if the code-share
partner is also a reporting carrier.

 Instruction (B)

    [cir] Added clarifying language to include the full citation to the
applicable regulation to ensure that reporting carriers are properly
reporting data on lines 1(a) and 1(b).

 Instruction (C)--no change.

 Instruction (D)

    [cir] Added a new Instruction D to clarify that reporting carriers
must include on line 4 passengers who receive any type of compensation
as a result of being denied boarding involuntarily from an oversold
flight.

 Instruction (E)

    [cir] Moved text from previous Instruction (D) to Instruction (E)
without additional change.

 Instruction (F)

    [cir] Moved text from previous Instruction (E) to Instruction (F)
without additional change.

 Instruction (G)

    [cir] Moved text from previous Instruction (F) to Instruction (G)
and added clarifying language to ensure reporting carriers properly
report only the amount of cash or cash-equivalent compensation provided
to passengers denied boarding either voluntarily or involuntarily.

 Instruction (H)

    [cir] Moved text from previous Instruction (G) to Instruction (H)
without additional change.
 Instruction (I)

    [cir] Moved text from previous Instruction (H) to Instruction (I)
and include a new submission email address.

    Copies of the revised form and accompanying instructions reflecting
the changes are included in this Notice.
    Accordingly, the Department announces that these information
collection activities have been re-evaluated and certified under 5 CFR.
1320.5(a) and forwarded to OMB for review and approval pursuant to 5
CFR 1320.12(c). Before OMB decides whether to approve these proposed
collections of information, it must provide 30 days for public
comment., see 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires
OMB to approve or disapprove paperwork packages between 30 and 60 days
after the 30-day Notice is published, see 44 U.S.C. 3507(b)-(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983 (Aug. 29, 1995). The 30-day
Notice informs the regulated community to file relevant comments to OMB
and affords the Agency adequate time to review and respond to public
comments before rendering a decision. See 60 FR 44983 (Aug. 29, 1995).
Therefore, respondents should submit any comments to OMB within 30 days
of publication to best ensure their full consideration. 5 CFR
1320.12(c); see also 60 FR 44983 (Aug. 29, 1995).
    This Notice addresses the information collection requirements set
forth in the Department's regulation mandating reporting of oversales
data, 14 CFR 250.10. The renewed OMB control number will be applicable
to all the provisions set forth in this Notice.
    The PRA and its implementing regulations, 5 CFR part 1320, require
Federal agencies to issue two notices seeking public comment on
information collection activities before OMB may approve paperwork
packages. A Federal agency generally cannot conduct or sponsor a
collection of information, and the public is generally not required to
respond to an information collection, unless it is approved by the OMB
under the PRA and displays a currently valid OMB Control Number. In
addition, as a general matter, notwithstanding any other provisions of
law, no person shall be subject to monetary penalty for failing to
comply with a collection of information if the collection of
information does not display a valid OMB Control Number. See 5 CFR
1320.5(a) and 1320.6.
    For each of these information collections, the title, a description
of the respondents, and an estimate of the annual recordkeeping and
periodic reporting burden are set forth below:
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501) requires a statistical agency to clearly
identify information it collects for non-statistical purposes. The
Departments hereby notifies the respondents and the public that it uses
the information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of the data in the
Department's Air Travel Consumer Report and submission of the
information to DOT agencies outside BTS for review, analysis, and
possible use in regulatory, enforcement, and other administrative
matters.
    Requirement to Submit BTS Form 250 as related to oversold flights.
    Respondents: U.S. air carriers that account for 0.5 percent of
domestic scheduled-service passenger revenues for all flights operated
on aircraft with a designed passenger capacity of 30 or more seats
which depart a U.S. airport. We have identified 16 carriers meeting
this threshold in 2020. Additionally, out of the 16 carriers, five
reporting carriers must file a separate form for all scheduled flight
segments originating in the United States which are operated by a
codeshare partner of the reporting carrier that is a certificated air
carrier or commuter air carrier using aircraft that have a designed
passenger capacity of 30 or more seats, and marketed only under one
U.S. carrier's code.
    Number of Respondents: 16 (effective January 1, 2020).
    Frequency: Four times a year.
    Estimated Total Burden on Respondents: 1,144 hours.
    This estimate is based on the following information: \1\
---------------------------------------------------------------------------

    \1\ The burden estimate was based on a cost/benefits analysis
conducted in 2016 as part of the Department's Final Rule on
Enhancing Airline Passenger Protections III. See, Regulatory Impact
Analysis for Final Rule Enhancing Airline Passenger Protection III,
October 18, 2016. https://www.regulations.gov/document?D=DOT-OST-2014-0056-0792.

                 Flights Operated by Reporting Carriers
                   [Form 250 for flights they operate]
------------------------------------------------------------------------

------------------------------------------------------------------------
Respondents.............................................              16
Quarterly Reports.......................................               4
Total Reports...........................................              64
Hours per Reports.......................................              16
Burden Hours............................................           1,024
------------------------------------------------------------------------

             Codeshare Flights Marketed by Reporting Carrier
              [Form 250 for codeshare flights they market]
------------------------------------------------------------------------

------------------------------------------------------------------------
Respondents.............................................               5
Quarterly Reports.......................................               4
Total Reports...........................................              20
Hours per Reports.......................................               6
Burden Hours............................................             120
------------------------------------------------------------------------

    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility, and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information.
    All responses to this Notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record on the docket.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.49.

Blane A. Workie,
Assistant General Counsel for Aviation Consumer Protection.
BILLING CODE 4910-9X-P
[GRAPHIC] [TIFF OMITTED] TN31DE20.047

[GRAPHIC] [TIFF OMITTED] TN31DE20.048

[GRAPHIC] [TIFF OMITTED] TN31DE20.049

[FR Doc. 2020-28798 Filed 12-30-20; 8:45 am]
BILLING CODE 4910-9X-C


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Rules and Regulations]
[Pages 1093-1095]
[FR Doc No: 2011-131]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                               Stephenson County, Illinois, and Incorporated Areas
                                             Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Indian Creek...........................  Approximately 0.61 mile                 +782  Unincorporated Areas of
                                          upstream of State Route                       Stephenson County.
                                          73.
                                         Approximately 0.78 mile                 +782
                                          upstream of State Route
                                          73.
Pecatonica River.......................  Approximately 1.2 miles                 +749  Village of Ridott.
                                          downstream of North Rock
                                          City Road.
                                         Approximately 1.93 miles                +754
                                          upstream of North Rock
                                          City Road.
Pecatonica River.......................  Approximately 0.43 mile                 +762  City of Freeport.
                                          downstream of State
                                          Route 75 (Stephenson
                                          Street).
                                         Approximately 4.0 miles                 +767
                                          upstream of State Route
                                          26.

Pecatonica River.......................  Approximately 1.61 miles                +779  Unincorporated Areas of
                                          upstream of West                              Stephenson County.
                                          McConnell Road.
                                         At the Illinois/Wisconsin               +782
                                          State boundary.
Yellow Creek...........................  Approximately 400 feet                  +814  Unincorporated Areas of
                                          downstream of Pearl City                      Stephenson County.
                                          Road.
                                         Approximately 0.49 mile                 +815
                                          upstream of Pearl City
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Freeport
Maps are available for inspection at City Hall, 230 West Stephenson Street, Freeport, IL 61032.

                                    Unincorporated Areas of Stephenson County
Maps are available for inspection at the Stephenson County Courthouse, 15 North Galena Avenue, Freeport, IL
 61032.

Village of Ridott
Maps are available for inspection at the Village Hall, 200 East 3rd Street, Ridott, IL 61607.
----------------------------------------------------------------------------------------------------------------

                                Moniteau County, Missouri, and Incorporated Areas
                                             Docket No.: FEMA-B-1087
----------------------------------------------------------------------------------------------------------------
Missouri River.........................  Approximately 3,000 feet                +574  City of Lupus,
                                          upstream of the Cole                          Unincorporated Areas of
                                          County boundary.                              Moniteau County
                                         Approximately 375 feet                  +587
                                          downstream of the Cooper
                                          County boundary.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Lupus
Maps are available for inspection at 3750 Main Street, Lupus, MO 65046.

                                    Unincorporated Areas of Moniteau County.
Maps are available for inspection at 200 East Main Street, California, MO 65018.
----------------------------------------------------------------------------------------------------------------

                                  Highland County, Ohio, and Incorporated Areas
                                             Docket No.: FEMA-B-1085
----------------------------------------------------------------------------------------------------------------
Clear Creek............................  Approximately 1.4 miles                 +938  City of Hillsboro,
                                          upstream of State Route                       Unincorporated Areas of
                                          138.                                          Highland County.
                                         Approximately 2.0 miles                 +943
                                          upstream of State Route
                                          138.
Turtle Creek...........................  At the confluence with                  +985  Unincorporated Areas of
                                          East Fork Little Miami                        Highland County.
                                          River.
                                         Just downstream of                      +991
                                          Sycamore Street.
                                         Approximately 1,840 feet                +996
                                          upstream of Sycamore
                                          Street.
                                         Approximately 0.4 mile                  +996
                                          upstream of Sycamore
                                          Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

                                                City of Hillsboro
Maps are available for inspection at City Hall, 130 North High Street, Hillsboro, OH 45133.

                                     Unincorporated Areas of Highland County
Maps are available for inspection at 119 Governor Foraker Place, Suite 206, Highland, OH 45133.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 27, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-131 Filed 1-6-11; 8:45 am]
BILLING CODE 9110-12-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.