---------------------------------------------------
        Total...............................................  ...........  ...........         51.2          100
----------------------------------------------------------------------------------------------------------------
\a\ Includes establishments with payroll with tobacco product line sales.
\b\ Includes establishments in NAICS 441320, 443112, 444130, 444220, 448110, 448320, 451110, 451211, 451212, and
  451220.

    To illustrate the effects of the proposed rule on a typical small
retail store, we look at one-time costs for a convenience store and a
convenience store with gasoline. We select these businesses because, as
illustrated in Table E29, sales of tobacco products in these stores
account for about 50 percent of all tobacco sales. In addition, tobacco
products are an important part of overall revenue for these stores,
composing over 12 percent of total sales (as shown in Table E30).

 Table E30--The Importance of Tobacco Sales by Kind of Business: Ranked
       by the Percentage of Total Sales From Tobacco Product Line
------------------------------------------------------------------------
                                                              Percentage
                                    Sales from  Total sales    of total
                                     tobacco      from all    sales from
         Kind of business            product      product      tobacco
                                    line a ($     lines ($     product
                                       bil)        bil) b        line
------------------------------------------------------------------------
Tobacco Stores...................          5.7          6.5         86.9
Convenience Stores...............          4.5         18.1         25.0
Nonstore Retailers...............          0.5          2.4         20.3
Convenience Stores with Gas......         21.2        173.4         12.2
Vending Machine Operators........          0.2          1.7         11.2
Miscellaneous store retailers....          0.1          1.2         11.2
Liquor Stores....................          1.2         12.8          9.7
Other Kinds of Business..........          0.1          1.4          6.5
Drinking places..................          0.1          3.9          3.5
Gasoline Stations................          1.0         29.4          3.5
General Merchandise..............          7.1        246.1          2.9
Supermarket & Grocery............          7.7        383.5          2.0
Drug Stores......................          1.5         80.0          1.9
Other Accommodation & Foodservice          0.3         33.3          0.8
                                  --------------------------------------
    Total........................         51.2        993.9          5.2
------------------------------------------------------------------------
a Tobacco sales from Table E29.
b Includes total sales for firms with tobacco product line sales. Refs.
  78, 79.

    For both types of convenience stores, Table E31 shows that for the
smallest firms with less than $250,000 in annual sales, the one-time
costs of the proposed rule would equal less than 2 percent of annual
average sales of tobacco products. Furthermore, one-time costs total
less than 0.1 percent of annual average sales of tobacco products for
stores with $1 million or more in average annual sales. Although the
impact on other small retail and service entities is uncertain, this
example suggests that the proposed rule would be unlikely to create a
significant direct

burden on small retail stores or service establishments.

    Table E31--One-Time Costs as a Percentage of Average Sales of Tobacco Products for Convenience Stores and
                                        Convenience Stores With Gasoline
----------------------------------------------------------------------------------------------------------------
                                                                                Sales of tobacco
                                                                                products
                                                                                -------------------------
                    Sales size of firm                        Number of     Sales  ($                  One-time
                                                           establishments      mil)     Average  ($    costs as
                                                                                mil)      percentage
                                                                                of average
----------------------------------------------------------------------------------------------------------------
Convenience Store--NAICS 445120 \a\:
    Less than $250,000...................................          4,231           653          0.0          0.5
    $250,000 to $499,999.................................          5,296         1,920          0.1          0.2
    $500,000 to $999,999.................................          5,150         3,646          0.2          0.1
    $1,000,000 to $2,499,999.............................          3,586         4,915          0.3          0.1
    $2,500,000 to $4,999,999.............................            659         1,601          0.6          0.0
$5,000,000 to $9,999,999.................................            324           712          0.5          0.0
$10,000,000 to $24,999,999...............................            215           440          0.5          0.0
Convenience Stores with Gasoline--NAICS 447110 \b\:
    Less than $250,000...................................          2,246           343          0.0          1.0
    $250,000 to $499,999.................................          3,801         1,425          0.0          0.4
    $500,000 to $999,999.................................          7,667         5,624          0.1          0.2
    $1,000,000 to $2,499,999.............................         14,309        22,303          0.2          0.1
    $2,500,000 to $4,999,999.............................          7,977        22,786          0.3          0.1
----------------------------------------------------------------------------------------------------------------
Source: Ref. 108.
\a\ Tobacco product line sales account for 25.0 percent of sales for all firms in NAICS 445120 (see Table E30);
  One-time costs equal $198.16 (see Table E13).
\b\ Tobacco product line sales account for 12.2 percent of sales for all firms in NAICS 447110 (see Table E30);
  One-time costs equal $193.42 (see Table E13).

3. Alternatives To Minimize the Burden on Small Entities
    a. Increase the compliance period to 24 months for small
manufacturers or all manufacturers. Allowing all manufacturers, or only
small manufacturers, 24 months to comply with the labeling changes
would reduce overtime and rush charges. Under a 24-month compliance
period, labeling change costs would fall on average by $0.32 to $0.85
million per small firm. Table E32 compares the reduced estimated
compliance cost to average annual receipts in order to gauge the
potential impact of this regulatory alternative on cigarette
manufacturing firms employing fewer than 500 people. As a comparison
with Table E28 shows, this option would provide only modest relief. It
would also delay the public health benefits of the proposed rule and be
inconsistent with the statutory requirement.

 Table E32--Potential Impact of Labeling Change Compliance Costs on the 20 Small Cigarette Manufacturers With a
                                           24-Month Compliance Period
----------------------------------------------------------------------------------------------------------------
                                                                  Average labeling          Average labeling
                                                   Average        compliance costs      compliance costs  as a %
                                     Number of      annual            ($,1000)             of average  annual
    Size by number of employees        firms       receipts  --------------------------         receipts
                                                   ($1,000)                            -------------------------
                                                                  Low          High         Low          High
----------------------------------------------------------------------------------------------------------------
Less than 20......................            9       11,195        3,224        8,533           29           76
20 to 99..........................            7       21,265        3,224        8,533           15           40
100 to 499........................            4      147,896        3,224        8,533            2            6
----------------------------------------------------------------------------------------------------------------
Source: Ref. 77
SBA size standard: 1,000 employees

    b. Exempt small manufacturers from the labeling change
requirements. Exempting small manufacturers from the labeling change
requirements would eliminate their incremental labeling costs (an
average reduction of $3.5 to $9.4 million), thus providing maximum
relief. The combined market share of the 4 largest manufacturers was
89.7 percent in 2008 (Ref. 105). The immediate impact would therefore
be to allow 10.3 percent of cigarettes to be marketed without graphic
warning labels when the rule went into effect. This proportion would
grow over time, however, as some consumers would be expected to switch
to brands marketed without graphic warnings. This approach would be
inconsistent with both the statutory mandate and the public health
objectives of this rule.
    c. Exempt small cigarette retailers from the point-of-sale
advertising requirements. Exempting small cigarette retailers from the
point-of-sale advertising requirements would eliminate their need to
remove noncompliant advertising, reducing their direct costs to zero.
However, Table E27 shows that the overwhelming majority of retail
establishments selling cigarettes are small. Although the few
establishments operated by large firms might be expected to have higher
volume, a significant proportion of consumers would continue to be
exposed to advertising lacking the new graphic warnings. This situation
would be inconsistent with the public health

objective of the proposed rule as well as FDA's statutory mandate.

IX. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. As noted above, if you have comments on specific provisions
of the proposed regulation, we request that you identify these
provisions in your comments. In addition, if you have concerns that
would be addressed by alternative text for the regulation, we request
that you provide this alternative text in your comments. It is only
necessary to send one set of comments. It is no longer necessary to
send two copies of mailed comments. Identify comments with the docket
number found in brackets in the heading of this document. Received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.

X. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES) and may be seen by
interested persons between 9 a.m. and 4 p.m. Monday through Friday.
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any subsequent changes to the Web sites after this document publishes
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General, November 1, 2010, available at http://www.scattorneygeneral.org/civil/pdf/sc_tobacco_directory.pdf.
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Brands,'' Utah State Tax Commission Publication 51, 11/01/2010,
available at http://tax.utah.gov/forms/pubs/pub-51.pdf.
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Fact Sheet,'' NFPA Fire Analysis and Research, March 2010.
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Vital Statistics Reports 58(21), June 28, 2010, available at http://www.cdc.gov/nchs/data/nvsr/nvsr58/nvsr58_21.pdf.
    92. U.S. Census Bureau, American FactFinder, ``2006 Annual
Survey of Manufacturers,'' available at http://factfinder.census.gov/servlet/IBQTable?_bm=y&-ds_name=AM0631GS101.
    93. Thrasher, James F. et al. ``Estimating the Impact of
Different Cigarette Package Warning Label Policies: The Auction
Method,'' Addictive Behaviors, 32: 2916-2925, 2007.
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Agriculture: United States Summary and State Data: Volume 1,
Geographic Area Series, Part 51,'' December 2009, available at
http://www.agcensus.usda.gov/Publications/2007/Full_Report/usv1.pdf.
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Handbook of Health Economics, ed., Holland: Newhouse.Amsterdam,
2000.
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Tobacco Product Sales for the Regional Economies of the United
States,'' Journal of the American Medical Association, 1996.
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Accounts. ``Table 3.5. Taxes on Production and Imports,'' available
at http://www.bea.gov/national/nipaweb/SelectTable.asp (accessed
October 13, 2010).
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Trade Bureau, ``Federal Excise Tax Increase and Related
Provisions,'' available at http://www.ttb.gov/main_pages/schip-summary.shtml (accessed August 18, 2010).
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Alcohol Tax Rates by State, 2000-2010,'' available at http://www.taxfoundation.org/publications/show/245.html.
    100. U.S. Department of Commerce, Census Bureau 2008, National
Cancer Institute and Centers for Disease Control and Prevention co-
sponsored Tobacco Use Supplement to the Current Population Survey
2006-2007, available at http://www.nber.org/data/current-population-survey-data.html.
    101. U.S. Department of Commerce, Bureau of Economic Analysis,
2010b, National Income and Product Accounts Table 2.5.5, available
at http://www.bea.gov/national/nipaweb/TableView.asp?SelectedTable=74&Freq=Year&FirstYear=2008&LastYear=2009
 (accessed August 26, 2010).
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Service, Global Agricultural Trade System Online, available at
http://www.fas.usda.gov/ustrade/usthome.asp (accessed August 9,
2010).
    104. AC Nielsen, 2010.
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Quarter 2008 Sales Estimates for the Cigarette Industry, Richmond,
VA: John C. Maxwell, Jr., February 2009.
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Standards, available at http://www.sba.gov/contractingopportunities/officials/size/table/index.html (accessed August 2010).
    107. U.S. Census Bureau, 2005a, Establishment and Firm Size:
2002, 2002 Economic Census, Accommodation and Food Services, Subject
Series, available at http://www.census.gov/prod/ec02/ec0272ssszt.pdf.
    108. U.S. Census Bureau, 2005b, Establishment and Firm Size:
2002, 2002 Economic Census, Retail Trade, Subject Series, available
at http://www.census.gov/prod/ec02/ec0244ssszt.pdf.

List of Subjects in 21 CFR Part 1141

    Advertising, Incorporation by reference, Labeling, Packaging and
containers, Tobacco, and Smoking.

    Therefore, under the Federal Cigarette Labeling and Advertising
Act, the Federal Food, Drug, and Cosmetic Act, and under authority
delegated to the Commissioner of Food and Drugs, it is proposed that
chapter I of title 21 of the Code of Federal Regulations be amended by
adding part 1141 to subchapter K to read as follows:

PART 1141--CIGARETTE PACKAGE AND ADVERTISING WARNINGS

Subpart A--General Provisions
Sec.
1141.1 Scope.
1141.3 Definitions.
Subpart B--Cigarette Package and Advertising Warnings
1141.10 Required warnings.
1141.12 Incorporation by reference of required warnings.
1141.14 Misbranding of cigarettes.
Subpart C--Additional Disclosure Requirements for Cigarette Packages
and Advertising
1141.16 Disclosures regarding cessation.

    Authority: Secs. 201 and 202, Pub. L. 111-31, 123 Stat. 1776; 15
U.S.C. 1333; 21 U.S.C. 371, 387c, 387f.

Subpart A--General Provisions

Sec.  1141.1  Scope.

    (a) This part sets forth the requirements for the display of health
warnings on cigarette packages and in advertisements for cigarettes.
FDA may require additional statements to be displayed on packages and
in advertisements under the Federal Food, Drug, and Cosmetic Act or
other authorities.
    (b) The requirements of this part do not apply to manufacturers or
distributors of cigarettes that do not manufacture, package, or import
cigarettes for sale or distribution within the United States.
    (c) A cigarette retailer shall not be considered in violation of
this part as it applies to the display of health warnings on a
cigarette package if the package:
    (1) Contains a health warning;
    (2) Is supplied to the retailer by a license- or permit-holding
tobacco product manufacturer, importer, or distributor; and

    (3) Is not altered by the retailer in a way that is material to the
requirements of section 4(a) of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333(a)) or this part, including by
obscuring the warning, by reducing its size, by severing it in whole or
in part, or by otherwise changing it in a material way.
    (d) A cigarette retailer shall not be considered in violation of
this part, as it applies to the display of health warnings in an
advertisement for cigarettes if the advertisement is not created by or
on behalf of the retailer and the retailer is not otherwise responsible
for the inclusion of the required warnings. This paragraph shall not
relieve a retailer of liability if the retailer displays, in a location
open to the public, an advertisement that does not contain a health
warning or that contains a warning that has been altered by the
retailer in a way that is material to the requirements of section 4(b)
of the Federal Cigarette Labeling and Advertising Act (15 U.S.C.
1333(b)), this part, or section 4(c) of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1333(c)), including by obscuring the
warning, by reducing its size, by severing it in whole or in part, or
by otherwise changing it in a material way.

Sec.  1141.3  Definitions.

    For the purposes of this part,
    Cigarette means:
    (1) Any roll of tobacco wrapped in paper or in any substance not
containing tobacco; and
    (2) Any roll of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in the
filler, or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in paragraph (1) of
this definition.
    Commerce means:
    (1) Commerce between any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa,
Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any
place outside thereof;
    (2) Commerce between points in any State, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American
Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island,
but through any place outside thereof; or
    (3) Commerce wholly within the District of Columbia, Guam, the
Virgin Islands, American Samoa, Wake Island, Midway Island, Kingman
Reef, or Johnston Island.
    Distributor means any person who furthers the distribution of
cigarettes at any point from the original place of manufacture to the
person who sells or distributes the product to individuals for personal
consumption. Common carriers are not considered distributors for the
purposes of this part.
    Front panel and rear panel mean the two largest sides or surfaces
of the package.
    Importer means any person who introduces into commerce any
cigarette that:
    (1) Was not manufactured inside the United States; and
    (2) Is intended for sale or distribution to consumers in the United
States.
    Manufacturer means any person, including any repacker or relabeler,
who manufactures, fabricates, assembles, processes, or labels a
finished cigarette product.
    Package means a pack, box, carton, or container of any kind in
which cigarettes are offered for sale, sold, or otherwise distributed
to consumers.
    Person means an individual, partnership, corporation, or any other
business or legal entity.
    Required warning means the combination of one of the textual
warning statements and its accompanying color graphic, which are set
forth in ``Cigarette Required Warnings--English and Spanish'' and
``Cigarette Required Warnings--Other Foreign Languages,'' which are
incorporated by reference at Sec.  1141.12.
    Retailer means any person who sells cigarettes to individuals for
personal consumption, or who operates a facility where vending machines
or self-service displays of cigarettes are permitted.
    United States, when used in a geographical sense, includes the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway
Islands, Kingman Reef, and Johnston Island. The term ``State'' includes
any political division of any State.

Subpart B--Cigarette Package and Advertising Warnings

Sec.  1141.10  Required warnings.

    (a) Packages--(1) It shall be unlawful for any person to
manufacture, package, sell, offer to sell, distribute, or import for
sale or distribution within the United States any cigarettes the
package of which fails to bear, in accordance with section 4 of the
Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and
this part, one of the required warnings on both the front and the rear
panel.
    (2) The required warning shall be obtained and accurately
reproduced from the electronic images contained in ``Cigarette Required
Warnings--English and Spanish,'' which is incorporated by reference at
Sec.  1141.12, except that it must be adapted as necessary to meet the
requirements of section 4 of the Federal Cigarette Labeling and
Advertising Act (15 U.S.C. 1333) and this part.
    (3) The required warning shall appear directly on the package and
shall be clearly visible underneath the cellophane or other clear
wrapping.
    (4) The required warning shall be located in the upper portion of
the front and rear panels of the package and shall comprise at least
the top 50 percent of these panels; Provided, however, that on
cigarette cartons, the required warning shall be located on the left
side of the front and rear panels of the carton and shall comprise at
least the left 50 percent of these panels.
    (5) The required warning shall be positioned such that the text of
the required warning and the other information on that panel of the
package have the same orientation.
    (b) Advertisements--(1) It shall be unlawful for any manufacturer,
importer, distributor, or retailer of cigarettes to advertise or cause
to be advertised within the United States any cigarette unless its
advertising bears, in accordance with section 4 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and this part,
one of the required warnings.
    (2) The text in each required warning shall be in the English
language, except that:
    (i) In the case of an advertisement that appears in a non-English
publication, the text in the required warning shall appear in the
predominant language of the publication whether or not the
advertisement is in English; and
    (ii) In the case of an advertisement that appears in an English
language publication but that is not in English, the text in the
required warning shall appear in the same language as that principally
used in the advertisement.
    (3) For English-language and Spanish-language warnings, each
required warning shall be obtained and accurately reproduced from the
electronic images contained in ``Cigarette Required Warnings--English
and Spanish,'' which is incorporated by reference at Sec.  1141.12,
except that it must be adapted as necessary to meet the requirements of
section 4 of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333), including area and other formatting requirements, and
this part.

    (4) For foreign-language warnings, except for Spanish-language
warnings, each required warning shall be the color graphic obtained and
accurately reproduced from the electronic images contained in
``Cigarette Required Warnings--Other Foreign Language Advertisements,''
which is incorporated by reference at Sec.  1141.12, and into which a
true and accurate translation of the textual warning is inserted in
accordance with ``Cigarette Required Warnings--Other Foreign Language
Advertisements,'' except that the required warning must be adapted as
necessary to meet the requirements of section 4 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1333), including area
and other formatting requirements, and this part.
    (5) The required warning shall occupy at least 20 percent of the
area of each advertisement, and shall be placed in accordance with the
requirements in the Federal Cigarette Labeling and Advertising Act.
    (c) Irremovable or permanent warnings. The required warnings shall
be indelibly printed on or permanently affixed to the package or
advertisement. Such warnings, for example, must not be printed or
placed on a label affixed to a clear outer wrapper that is likely to be
removed to access the product within the package.

Sec.  1141.12  Incorporation by reference of required warnings.

    Certain material entitled: ``Cigarette Required Warnings--English
and Spanish,'' (edition 1.0, June 2011, Food and Drug Administration),
appearing in Sec. Sec.  1141.10(a)(2), (b)(3), and 1141.16(a); and
``Cigarette Required Warnings--Other Foreign Language Advertisements,''
(edition 1.0, June 2011, Food and Drug Administration), appearing in
Sec. Sec.  1141.10(b)(4) and 1141.16(a) are incorporated by reference
into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain a copy from the Food and Drug Administration, Center for Tobacco
Products, Office of Compliance, 9200 Corporate Blvd., Rockville, MD
20850, 1-877-CTP-1373, and from the Web sites listed in paragraphs (a)
and (b) of this section. Also, this material is available for
inspection at the National Archives and Records Administration (NARA).
For more information on the availability of the following material,
call NARA at<PHONE_NUMBER> or go to http://www.archives.gov/Federal_register/codeof_Federal_regulations/ibr_locations.html:
    (a) ``Cigarette Required Warnings--English and Spanish,'' available
from FDA at http://www.fda.gov/Tobacco, referred to at Sec. Sec.
1141.10(a)(2) and (b)(3) and Sec.  1141.16.
    (b) ``Cigarette Required Warnings--Other Foreign Language
Advertisements,'' available from FDA at http://www.fda.gov/Tobacco,
referred to at Sec. Sec.  1141.10(b)(4) and Sec.  1141.16.

Sec.  1141.14  Misbranding of cigarettes.

    (a) A cigarette shall be deemed to be misbranded under section
903(a)(1) of the Federal Food, Drug, and Cosmetic Act unless its
labeling bears one of the required warnings in accordance with section
4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C.
1333) and this part. A cigarette shall be deemed to be misbranded under
section 903(a)(7)(A) of the Federal Food, Drug, and Cosmetic Act unless
its advertising bears one of the required warnings in accordance with
section 4 of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1333) and this part.
    (b) A cigarette advertisement or package will be deemed to include
a brief statement of relevant warnings for the purposes of section
903(a)(8) of the Federal Food, Drug, and Cosmetic Act if it bears one
of the required warnings in accordance with section 4 of the Federal
Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and this part.
A cigarette distributed or offered for sale in any State shall be
deemed to be misbranded under section 903(a)(8) of the Federal Food,
Drug, and Cosmetic Act unless the manufacturer, packer, or distributor
includes in all advertisements and packages issued or caused to be
issued by the manufacturer, packer, or distributor with respect to the
cigarette one of the required warnings in accordance with section 4 of
the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) and
this part.

Subpart C--Additional Disclosure Requirements for Cigarette
Packages and Advertising

Sec.  1141.16  Disclosures regarding cessation.

    (a) The required warning shall include a reference to a smoking
cessation assistance resource in accordance with, and as specified in,
``Cigarette Required Warnings--English and Spanish'' (incorporated by
reference at Sec.  1141.12) or ``Cigarette Required Warnings--Other
Foreign Language Advertisements'' (incorporated by reference at Sec.
1141.12), whichever is applicable.
    (b) The smoking cessation assistance resource required to be
referenced by paragraph (a) of this section must:
    (1) Provide factual information about the harms to health
associated with cigarette smoking and the health benefits of quitting
smoking;
    (2) Provide factual information about what smokers can expect when
trying to quit;
    (3) Provide practical advice (problem solving/skills training)
about how to deal with common issues faced by users trying to quit;
    (4) Provide evidence-based advice about how to formulate a plan to
quit smoking;
    (5) Provide evidence-based information about effective relapse
prevention strategies;
    (6) Provide factual information on smoking cessation treatments,
including FDA-approved cessation medications;
    (7) Provide information, advice, and support that is evidence-
based, unbiased (including with respect to products, services, persons,
and other entities), and relevant to tobacco cessation;
    (8) Other than as described in this section, not advertise or
promote any particular product or service;
    (9) Not selectively present information about a subset of FDA-
approved cessation products or product categories while failing to
mention other FDA-approved cessation products or product categories or
reference any drug or other medical product that FDA has not approved
for tobacco cessation; and
    (10) Not encourage the use of any non-evidence-based smoking
cessation practices.
    (c) If the smoking cessation assistance resource required to be
referenced by paragraph (a) of this section is a Web site, it:
    (1) Must not contain a link to any Web site unless it meets all of
the criteria described in paragraph (b) of this section; and
    (2) May include references to one or more toll-free telephone
numbers only if they meet the criteria described in paragraphs (b) and
(d) of this section.
    (d) If the smoking cessation assistance resource required to be
referenced by paragraph (a) of this section is a toll-free telephone
number, it must:
    (1) Ensure that staff providing smoking cessation information,
advice, and support are trained specifically to help smokers quit by
delivering unbiased and evidence-based information, advice, and
support; and
    (2) Maintain appropriate controls to ensure the criteria described
in paragraph (b) of this section are met.

    Dated: November 8, 2010.
Margaret A. Hamburg,
Commissioner of Food and Drugs.
    Dated: November 8, 2010.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2010-28538 Filed 11-10-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Proposed Rules]
[Pages 7013-7016]
[FR Doc No: 2023-00261]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0010; Project Identifier MCAI-2022-01090-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model CL-600-2B16 (604 Variant)
airplanes. This proposed AD was prompted by a determination that during
certain modes, the flight guidance/autopilot does not account for
engine failure while capturing an altitude. This proposed AD would
require revising the existing airplane flight manual (AFM) to add new
limitation and procedures. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 20,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0010; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Bombardier service information identified in this
NPRM, contact Bombardier Business Aircraft Customer Response Center,
400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0010; Project Identifier
MCAI-2022-01090-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-45, dated August 11, 2022 (Transport
Canada AD CF-2022-45) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Model CL-600-2B16 (604 Variant)
airplanes. The MCAI states that during (V) ALTS CAP or (V) ALTV CAP
modes, the flight guidance/autopilot does not account for engine
failure while capturing an altitude. If an engine failure occurs during
or before a climb while in one of these modes, the airspeed may
decrease rapidly below the safe operating speed, and prompt crew
intervention may be required to maintain a safe operating speed.
Transport Canada AD CF-2022-45 requires updating the Limitation and
Abnormal Procedures of the AFM for (V) ALTS CAP or (V) ALTV CAP modes
to address the unsafe condition for the affected Model CL-600-2B16 (604
Variant) airplanes. These updates include:
     A warning regarding the potential airspeed decay in the
case of an engine failure during a climb while in (V) ALTS CAP or (V)
ALTV CAP modes.
     A new procedure to adjust the pitch attitude to maintain
the required operating airspeed in the case of an engine failure during
a climb while in (V) ALTS CAP or (V) ALTV CAP modes.
    The unsafe condition, if not addressed, could result in the
airplane failing to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0010.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies
revised Limitations and Abnormal Procedures of the AFM for (V) ALTS CAP
or (V) ALTV CAP modes. These documents are distinct since they apply to
different airplane models and configurations.
     Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--

LIMITATIONS of Bombardier Challenger 604 Airplane Flight Manual--
Publication No. PSP 604-1, Revision 120, dated December 8, 2020. (For
obtaining this section of the Bombardier Challenger 604 Airplane Flight
Manual--Publication No. PSP 604-1, use Document Identification No. CH
604 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES; of Bombardier Challenger 604 Airplane Flight
Manual--Publication No. PSP 604-1, Revision 120, dated December 8,
2020. (For obtaining this section of the Bombardier Challenger 604
Airplane Flight Manual--Publication No. PSP 604-1, use Document
Identification No. CH 604 AFM.)
     Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 605 Airplane Flight Manual--Publication No. PSP
605-1, Revision 58, dated December 8, 2020. (For obtaining this section
of the Bombardier Challenger 605 Airplane Flight Manual--Publication
No. PSP 605-1, use Document Identification No. CH 605 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES of Bombardier Challenger 605 Airplane Flight
Manual--Publication No. PSP 605-1, Revision 58, dated December 8, 2020.
(For obtaining this section of the Bombardier Challenger 605 Airplane
Flight Manual--Publication No. PSP 605-1, use Document Identification
No. CH 605 AFM.)
     Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 650 Airplane Flight Manual--Publication No. PSP
650-1, Revision 23, dated December 8, 2020. (For obtaining this section
of the Bombardier Challenger 650 Airplane Flight Manual--Publication
No. PSP 650-1, use Document Identification No. CH 650 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES; of Bombardier Challenger 650 Airplane Flight
Manual--Publication No. PSP 650-1, Revision 23, dated December 8, 2020.
(For obtaining this section of the Bombardier Challenger 650 Airplane
Flight Manual--Publication No. PSP 650-1, use Document Identification
No. CH 650 AFM.)
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.
    Transport Canada AD CF-2022-45 requires operators to ``advise all
flight crews'' of revisions to the AFM, and thereafter to ``operate the
affected aircraft accordingly.'' However, this proposed AD would not
specifically require those actions as those actions are already
required by FAA regulations. FAA regulations require operators furnish
to pilots any changes to the AFM (for example, 14 CFR 121.137), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505). As with any other flightcrew training requirement, training on
the updated AFM content is tracked by the operators and recorded in
each pilot's training record, which is available for the FAA to review.
FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposal, would
affect 409 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $34,765
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Bombardier, Inc.: Docket No. FAA-2023-0010; Project Identifier MCAI-
2022-01090-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by March 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, certificated in any category, serial numbers (S/
N) 5301 through 5665 inclusive, 5701 through 5988 inclusive, and
6050 through 6160 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by a determination that during (V) ALTS CAP
or (V) ALTV CAP modes, the flight guidance/autopilot does not
account for engine failure while capturing an altitude. The FAA is
issuing this AD to address the possible occurrence of an engine
failure during or before a climb while in (V) ALTS CAP or (V) ALTV
CAP modes, which could cause the airspeed to decrease rapidly. The
unsafe condition, if not addressed, could result in the airplane
failing to maintain a safe operating speed.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revision of Existing AFM

    Within 30 days after the effective date of this AD: Do the
applicable actions specified in paragraph (g)(1) through (3) of this
AD.
    (1) For Model CL-600-2B16 (604 variant), S/N 5301 through 5665
inclusive: Revise the existing AFM to incorporate the information
specified in paragraphs (g)(1)(i) and (ii) of this AD of Bombardier
Challenger 604 Airplane Flight Manual--Publication No. PSP 604-1,
Revision 120, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES.
    Note 1 to paragraph (g)(1): For obtaining Bombardier Challenger
604 Airplane Flight Manual--Publication No. PSP 604-1, use Document
Identification No. CH 604 AFM.
    (2) For Model CL-600-2B16 (604 variant), S/N 5701 through 5988
inclusive: Revise the existing AFM to incorporate the information
specified in paragraphs (g)(2)(i) and (ii) of this AD of Bombardier
Challenger 605 Airplane Flight Manual--Publication No. PSP 605-1,
Revision 58, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES.
    Note 2 to paragraph (g)(2): For obtaining Bombardier Challenger
605 Airplane Flight Manual--Publication No. PSP 605-1, use Document
Identification No. CH 605 AFM.
    (3) For Model CL-600-2B16 (604 variant), S/N 6050 through 6160
inclusive: Revise the existing AFM to incorporate the information
specified in paragraphs (g)(3)(i) and (ii) of this AD of Bombardier
Challenger 650 Airplane Flight Manual--Publication No. PSP 650-1,
Revision 23, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES.
    Note 3 to paragraph (g)(3): For obtaining Bombardier Challenger
650 Airplane Flight Manual--Publication No. PSP 650-1, use Document
Identification No. CH 650 AFM.

(h) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (i)(2) of this AD or
email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada; or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2022-45, dated August 11,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0010.
    (2) For more information about this AD, contact Chirayu Gupta,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 604 Airplane Flight Manual--Publication No.
PSP 604-1, Revision 120, dated December 8, 2020.
    Note 4 to paragraph (j)(2)(i): This note applies to paragraphs
(j)(2)(i) and (ii) of this AD. For obtaining Bombardier Challenger
604 Airplane Flight Manual--Publication No. PSP 604-1, use Document
Identification No. CH 604 AFM.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 604 Airplane
Flight Manual--Publication No. PSP 604-1, Revision 120, dated
December 8, 2020.
    (iii) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems

Limitations, of Chapter 2--LIMITATIONS of Bombardier Challenger 605
Airplane Flight Manual--Publication No. PSP 605-1, Revision 58,
dated December 8, 2020.
    Note 5 to paragraph (j)(2)(iii): This note applies to paragraphs
(j)(2)(iii) and (iv) of this AD. For obtaining Bombardier Challenger
605 Airplane Flight Manual--Publication No. PSP 605-1, use Document
Identification No. CH 605 AFM.
    (iv) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 605 Airplane
Flight Manual--Publication No. PSP 605-1, Revision 58, dated
December 8, 2020.
    (v) Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 650 Airplane Flight Manual--Publication No.
PSP 650-1, Revision 23, dated December 8, 2020.
    Note 6 to paragraph (j)(2)(v): This note applies to paragraphs
(j)(2)(v) and (vi) of this AD. For obtaining this section of the
Bombardier Challenger 650 Airplane Flight Manual--Publication No.
PSP 650-1, use Document Identification No. CH 650 AFM.
    (vi) Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 650 Airplane
Flight Manual--Publication No. PSP 650-1, Revision 23, dated
December 8, 2020.
    (3) For service information identified in this AD, contact
Bombardier, Inc., Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; internet
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00261 Filed 2-1-23; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15503-15504]
[FR Doc No: 2023-05072]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-1254]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: FAA Airport
Data and Information

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 23, 2022. The collection involves aeronautical
information the FAA uses to carry out agency missions related to flight
safety, flight planning, airport engineering and federal grant
analysis, airport actions, aeronautical chart and flight information
publications, and the promotion of air commerce as required by statute.
The information will be used to process airport actions, studies, and
analyses and for use when considering funding requests and published in
flight information handbooks and charts for pilot use. We have renamed
and updated the collection, previously called the FAA Airport Master
Record, to incorporate several related tools using this data that are
made available and processed via the same online system--the Airport
Data and Information Portal (ADIP).

DATES: Written comments should be submitted by April 12, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Andrew Goldsmith by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    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 FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA 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.
    OMB Control Number: 2120-0015.
    Title: FAA Airport Data and Information.
    Form Numbers: 5010-1, 5010-2, 5010-3, 5010-4.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on September 23, 2022 (87 FR 58178). 49 U.S.C. 329(b)
empowers and directs the Secretary of Transportation to collect and
disseminate information on civil aeronautics. Aeronautical information
is required by the FAA to carry out agency missions agency missions
related to flight safety, flight planning, airport engineering and
federal grant analysis, aeronautical studies and airport actions,
aeronautical chart and flight information publications, and the
promotion of air commerce as required by statute. The existing FAA
Airport Master Record is now fully online and part of a suite of tools
using aeronautical data to support

the origination and distribution of airport data and information.
Modules include the Airports Geographic Information System (AGIS),
Airport Master Record (AMR), Modification of Standards (MOS), Runway
Airspace Management (RAM), and Runway Safety Area Inventory (RSAI) as
well as Registration. The burden per respondent will depend on which
module or modules the respondent is using as well as the complexity of
submitted projects.
    We have renamed and updated the collection, previously called the
FAA Airport Master Record, to reflect the consolidation of these tools
and processes into a single online system--the Airport Data and
Information Portal (ADIP). ADIP provides airports with direct access to
their data and the ability to submit changes to it according to defined
business rules. We are cancelling the PDF forms previously used to
collect Airport Master Record data as they are no longer used for any
collection activities.
    Respondents: Approximately 8,000 airport owners/managers,
consultants, and other members of the public.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1-16 hours, depending on the
module and complexity of the project.
    Estimated Total Annual Burden: 14,219 hours for all submissions.

    Issued in Washington, DC.
Andrew Goldsmith,
Aeronautical Information Specialist, Airport Data and Airspace Branch,
Office of Airport Safety and Standards.
[FR Doc. 2023-05072 Filed 3-10-23; 8:45 am]
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[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Notices]
[Page 56512-56513]
[DOCID:fr27se06-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-597-000]

Eastern Shore Natural Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

September 21, 2006.
    Take notice that on September 19, 2006 Eastern Shore Natural Gas
Company (Eastern Shore) tendered for filing its Annual Charge
Adjustment (ACA) filing proposed to be effective October 1, 2006.
    Eastern Shore states that copies of its filing have been mailed to
its customers and interested State Commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR

154.210). Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15815 Filed 9-26-06; 8:45 am]

BILLING CODE 6717-01-P