[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Page 27168]
[FR Doc No: 2011-11414]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[AC 90-109]

Airmen Transition to Experimental or Unfamiliar Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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SUMMARY: The Federal Aviation Administration (FAA) is announcing the
availability of Advisory Circular (AC) 90-109, which provides
information and guidance to owners and pilots of experimental airplanes
and to flight instructors who teach in these airplanes. This
information and guidance contains recommendations for training
experience for pilots of experimental airplanes in a variety of
grouping based on performance and handling characteristics. This AC
does not address the testing of newly built experimental airplanes. The
current edition of AC 90-89, Amateur-Built and Ultralight Flight
Testing Handbook, provides information on such testing. However, if a
pilot is planning on participating in a flight-test program in an
unfamiliar experimental airplane, this AC should be used to develop the
skills and knowledge necessary to safely accomplish the test program
using AC 90-89. This AC may also be useful in planning the transition
to any unfamiliar fixed-wing airplanes, including type-certificated
(TC) airplanes.

DATES: This AC became effective on March 30, 2010.

ADDRESSES: How to obtain copies: A copy of this publication may be
downloaded from: http://www.faa.gov/documentLibrary/media/Advisory_Circular/90-109.pdf.

FOR FURTHER INFORMATION CONTACT: The FAA General Aviation and
Commercial Division<PHONE_NUMBER>, Flight Standards Service, AFS-800,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.

    Issued in Washington, DC on May 2, 2011.
John McGraw,
Acting Director, Flight Standards Service.
[FR Doc. 2011-11414 Filed 5-9-11; 8:45 am]
BILLING CODE P


[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Proposed Rules]
[Pages 78185-78188]
[FR Doc No: 2011-32253]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2010-0929]
RIN 1625-AA01

Anchorage Regulations: Subpart A--Special Anchorage Regulations,
Newport Bay Harbor, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to expand the boundaries of the
special anchorage areas in Newport Bay Harbor, California, to encompass
and replace temporary anchorage grounds C-1 and C-2, and anchorage
ground C-3. This proposal would realign anchorage boundaries in order
to reflect the way the harbor currently is used. This proposed rule
also would update the description of the existing special anchorage
areas to use geographic coordinates.

DATES: Comments and related material must be received by the Coast
Guard on or before March 15, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0929 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email ENS Matt Sanders, U.S. Coast Guard Sector Los
Angeles--Long Beach, Assistant Waterways Chief, telephone (310) 521-
3860, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0929), 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 (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0929'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0929'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But, you may submit a
request using one of the four methods specified under ADDRESSES. Please
explain why you believe a public meeting would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 471, 1221
through 1236, 2030, 2035, and 2071; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to define anchorage grounds.
    This proposed rule would expand the designated special anchorage
areas in Newport Bay Harbor, and remove other anchorage grounds, to
align with the actual placement of existing mooring areas and reflect
the way the harbor is currently used.

Discussion of Proposed Rule

    Due to enhanced anchorage population over the years, the mooring
areas being used in Newport Bay Harbor are nominally larger than the
special anchorage areas originally charted in 33

CFR 110.95. As moorings were added or overhauled, the new moorings
would fall outside the existing boundaries, resulting in moorings lying
outside the charted areas. Similarly, the anchorage grounds designated
in 33 CFR 110.212 were originally used as temporary overflow
anchorages, but are now used regularly. Harbor users have been
accustomed to this placement for the last 10 years.
    The Mooring Master Plan Subcommittee of the City of Newport Harbor
Commission led an outreach campaign involving a series of public
meetings about aligning the anchorage regulations with actual harbor
use patterns, and we understand that the subcommittee did not receive
any opposition from the waterway users. After these public meetings,
the City of Newport asked the Coast Guard to amend its anchorage
regulations.
    The Coast Guard proposes to realign the boundaries in order to
reflect the way the harbor currently is used. The proposed rule would
remove Sec.  110.212 and the three anchorage grounds found therein
(anchorages C-1, C-2, C-3). The area covered by those anchorages would
be incorporated into the special anchorage area regulations at Sec.
110.95. Anchorage C-1 would be incorporated into area B-1 under revised
Sec.  110.95(m), and anchorages C-2 and C-3 would be incorporated into
area A-11 under revised Sec.  110.95(k). An image of the proposed
anchorage areas is available in the docket.
    The enlargement of the special anchorage areas does not pose any
waterway or navigational hazard, or restrict harbor use in any way. The
Army Corps of Engineers has been consulted and did not have any
opposition. We anticipate that this proposed rule would have no impact
on fishing or boating because the proposed amendment would adjust the
lines to fit the current layout of moorings in Newport Harbor. Small
craft are not restricted in the harbor.
    Berthing and anchoring in Newport Harbor also is regulated by
Orange County ordinance and the City of Newport's municipal code. The
enlargement of the special anchorages does not impact these laws; for
the convenience of the reader we have included a note in the proposed
rule referencing local municipal codes. This note consolidates the
multiple notes currently in the section. Finally, this proposed rule
would update the other provisions of Sec.  110.95 to designate
anchorage areas using geographic coordinates rather than channel lights
and other points in the harbor.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. The Coast Guard proposes to realign anchorage
boundaries in order to reflect the way the harbor currently is used.
The enlargement of the anchorages does not restrict harbor use in any
way.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of commercial and recreational vessels intending to transit
or anchor in the affected area. The impact to these entities will not,
however, be significant since this area will encompass only a small
portion of the waterway and vessels can safely navigate around the
anchored vessels.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves changing the size of special anchorage areas. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1(g); Department of Homeland Security Delegation No.
0170.1.

    2. Revise Sec.  110.95 to read as follows:

Sec.  110.95  Newport Bay Harbor, Calif.

    (a) Area A-1. The entire water area within beginning at latitude
33[deg]36'09.3'' N., longitude 117[deg]53'52.6'' W.; thence to latitude
33[deg]36'11.4'' N., longitude 117[deg]53'51.2'' W.; thence to latitude
33[deg]36'04.0'' N., longitude 117[deg]53'33.4'' W.; thence to latitude
33[deg]36'03.9'' N., longitude 117[deg]53'20.4'' W.; thence to
33[deg]36'01.1'' N., longitude 117[deg]53'09.9'' W.; thence to
33[deg]36'01.1'' N., longitude 117[deg]53'32.7'' W.; thence to
33[deg]36'03.9 N., longitude 117[deg]53'41.9'' W.; returning to
latitude 33[deg]36'09.3'' N., longitude 117[deg]53'52.6'' W.
    (b) Area A-2. The entire water area within beginning at latitude
33[deg]36'12.9'' N., longitude 117[deg]53'44.2'' W.; thence to latitude
33[deg]36'14.2'' N., longitude 117[deg]53'44.3'' W.; thence to latitude
33[deg]36'14.2'' N., longitude 117[deg]53'20.6'' W.; thence to latitude
33[deg]36'10.8'' N., longitude 117[deg]53'20.5 W.; thence to latitude
33[deg]36'12.7'' N., longitude 117[deg]53'29.9'' W.; thence to latitude
33[deg]36'12.7'' N., longitude 117[deg]53'35.4'' W.; thence to latitude
33[deg]36'12.9'' N., longitude 117[deg]53'37.0'' W.; returning to
latitude 33[deg]36'12.9'' N., longitude 117[deg]53'44.2'' W.
    (c) Area A-3. The entire water area within beginning at latitude
33[deg]36'22.7'' N., longitude 117[deg]54'12.6'' W.; thence to latitude
33[deg]36'24.9'' N., longitude 117[deg]54'12.6'' W.; thence to latitude
33[deg]36'26.2'' N., longitude 117[deg]54'11.3'' W.; thence to latitude
33[deg]36'18.7'' N., longitude 117[deg]54'00.5'' W.; thence to latitude
33[deg]36'16.2'' N., longitude 117[deg]54'02.9'' W.; returning to
latitude 33[deg]36'22.7'' N., longitude 117[deg]54'12.6'' W.
    (d) Area A-4. The entire water area within beginning at latitude
33[deg]36'32.7'' N., longitude 117[deg]53'56.6'' W.; thence to latitude
33[deg]36'33.6'' N., longitude 117[deg]53'56.6'' W.; thence to latitude
33[deg]36'33.5'' N., longitude 117[deg]53'26.2'' W.; thence to latitude
33[deg]36'32.9'' N., longitude 117[deg]53'26.2 W.; thence to latitude
33[deg]36'32.6'' N., longitude 117[deg]53'33.8'' W.; thence to latitude
33[deg]36'32.4'' N., longitude 117[deg]53'36.7'' W.; thence to latitude
33[deg]36'31.7'' N., longitude 117[deg]53'40.9'' W.; thence to
33[deg]36'31.7'' N., longitude 117[deg]53'46.3'' W.; thence to latitude
33[deg]36'32.6'' N., longitude 117[deg]53'50.9'' W.; returning to
latitude 33[deg]36'32.7'' N., longitude 117[deg]53'56.6'' W.
    (e) Area A-5. The entire water area within beginning at latitude
33[deg]36'29.1'' N., longitude 117[deg]54'55.3'' W.; thence to latitude
33[deg]36'27.8'' N., longitude 117[deg]54'55.8'' W.; thence to latitude
33[deg]36'24.1'' N., longitude 117[deg]54'41.8'' W.; thence to latitude
33[deg]36'26.7'' N., longitude 117[deg]54'40.8'' W.; thence to latitude
33[deg]36'26.7'' N., longitude 117[deg]54'46.3'' W.; returning to
latitude 33[deg]36'29.1'' N., longitude 117[deg]54'55.3'' W.
    (f) Area A-6. The entire water area within beginning at latitude
33[deg]36'43.3'' N., longitude 117[deg]54'26.4'' W.; thence to latitude
33[deg]36'51.7'' N., longitude 117[deg]54'22.8'' W.; thence to latitude
33[deg]36'51.4'' N., longitude 117[deg]54'21.5'' W.; thence to latitude
33[deg]36'42.9'' N., longitude 117[deg]54'25.2'' W.; returning to
latitude 33[deg]36'43.3'' N., longitude 117[deg]54'26.4'' W.
    (g) Area A-7. The entire water area within beginning at latitude
33[deg]36'32.1'' N., longitude 117[deg]55'12.5'' W.; thence to latitude
33[deg]36'37.7'' N., longitude 117[deg]55'11.0'' W.; thence to latitude
33[deg]36'35.1'' N., longitude 117[deg]55'01.3'' W.; thence to latitude
33[deg]36'30.4'' N., longitude 117[deg]55'02.6'' W.; thence to latitude
33[deg]36'31.2'' N., longitude 117[deg]55'06.7'' W.; returning to
latitude 33[deg]36'32.1'' N., longitude 117[deg]55'12.5'' W.
    (h) Area A-8. The entire water area within beginning at latitude
33[deg]36'34.2'' N.; longitude 117[deg]55'27.3'' W.; thence to latitude
33[deg]36'36.2'' N., longitude 117[deg]55'26.7'' W.; thence to latitude
33[deg]36'39.5'' N., longitude 117[deg]55'20.9'' W.; thence to latitude
33[deg]36'38.9'' N., longitude 117[deg]55'15.4'' W.; thence to latitude
33[deg]36'37.9'' N., longitude 117[deg]55'11.7'' W.; thence to latitude
33[deg]36'32.1'' N., longitude 117[deg]55'13.3'' W.; returning to
latitude 33[deg]36'34.2'' N.; longitude 117[deg]55'27.3'' W.
    (i) Area A-9. The entire water area within beginning at latitude
33[deg]36'53.5'' N., longitude 117[deg]55'28.2'' W.; thence to latitude
33[deg]36'54.0'' N., longitude 117[deg]55'27.0'' W.; thence to latitude
33[deg]36'43.4'' N., longitude 117[deg]55'20.4'' W.; thence to latitude
33[deg]36'42.9'' N., longitude 117[deg]55'21.6'' W.; returning to
latitude 33[deg]36'53.5'' N., longitude 117[deg]55'28.2'' W.
    (j) Area A-10. The entire water area within beginning at latitude
33[deg]36'07.4'' N., longitude 117[deg]53'19.2'' W.; thence to latitude
33[deg]36'14.2'' N., longitude 117[deg]53'19.4'' W.; thence to latitude
33[deg]36'14.2'' N., longitude 117[deg]53'06.9'' W.; thence to latitude
33[deg]36'08.1'' N., longitude 117[deg]53'04.9'' W.; thence to latitude
33[deg]36'06.5'' N., longitude 117[deg]53'08.9 '' W.; thence to
latitude

33[deg]36'06.5'' N., longitude 117[deg]53'16.3'' W.; returning to
latitude 33[deg]36'07.4'' N., longitude 117[deg]53'19.2'' W.
    (k) Area A-11. The entire water area within beginning at latitude
33[deg]36'04.7'' N., longitude 117[deg]53'01.9'' W.; thence to latitude
33[deg]36'06.1'' N., longitude 117[deg]53'00.5'' W.; thence to latitude
33[deg]36'06.2'' N., longitude 117[deg]52'59.0'' W.; thence to latitude
33[deg]35'59.4'' N., longitude 117[deg]52'51.1'' W.; thence to latitude
33[deg]35'57.5'' N., longitude 117[deg]52'50.9'' W.; thence to latitude
33[deg]36'01.9'' N., longitude 117[deg]52'57.3'' W.; thence to latitude
33[deg]36'03.0'' N., longitude 117[deg]53'00.4'' W.; returning to
latitude 33[deg]36'04.7'' N., longitude 117[deg]53'01.9'' W.
    (l) Area A-12. The entire water area within beginning at latitude
33[deg]36'27.9'' N., longitude 117[deg]54'40.4'' W.; thence to latitude
33[deg]36'23.9'' N., longitude 117[deg]54'41.8'' W.; thence to latitude
33[deg]36'20.8'' N., longitude 117[deg]54'29.9'' W.; thence to latitude
33[deg]36'28.5'' N., longitude 117[deg]54'20.2'' W.; returning to
latitude 33[deg]36'27.9'' N., longitude 117[deg]54'40.4'' W.
    (m) Area B-1. The entire water area within beginning at latitude
33[deg]36'35.1'' N., longitude 117[deg]54'28.8'' W.; thence to latitude
33[deg]36'32.1'' N., longitude 117[deg]54'22.1'' W.; thence to latitude
33[deg]36'30.6'' N., longitude 117[deg]54'22.8'' W; thence to latitude
33[deg]36'30.5'' N., longitude 117[deg]54'30.9'' W.; returning to
latitude 33[deg]36'35.1'' N., longitude 117[deg]54'28.8'' W.

    Note:  These anchorage areas are reserved for recreational and
other small craft. Local law, including the City of Newport Beach
Municipal Code 17.25.020, may provide for fore and aft moorings for
recreational and small craft of such size and alignment as permitted
by the harbor master.

Sec.  110.212  [Removed and Reserved]

    3. Remove and reserve Sec.  110.212.

    Dated: December 2, 2011.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, District Eleven Commander.
[FR Doc. 2011-32253 Filed 12-15-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Proposed Rules]
[Page 36300-36301]
[DOCID:fr25jn10-11]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 234, 244, 250,253, 259, and 399

[Docket No. DOT-OST-2010-0140]
RIN 2105-AD92

Enhancing Airline Passenger Protections

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Clarification to Notice of Proposed Rulemaking.

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SUMMARY: The Department of Transportation is clarifying its notice of

proposed rulemaking (NPRM) published in the Federal Register on June 8,
2010, which, among other issues, solicits comments on options to
provide greater access to air travel for persons with peanut allergies.
The June 8 document also proposes action to strengthen the rights of
air travelers in the event of oversales, flight cancellations and long
delays, and to ensure that passengers have accurate and adequate
information to make informed decisions when selecting flights.

DATES: Comments should be filed by August 9, 2010. Late-filed comments
will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0140 by any of the following methods:
     Federal Rulemaking Portal: go to http://
www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2010-0140 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.) You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit http://
DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: Daeleen Chesley, Senior Trial
Attorney, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, Department of Transportation, 1200 New
Jersey Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    You may also contact Blane Workie, Deputy Assistant General Counsel
at the same address,<PHONE_NUMBER><EMAIL_ADDRESS>Arrangements
to receive this notice in an alternative format may be made by
contacting the above named individuals.

SUPPLEMENTARY INFORMATION: Pilot Project on Open Government and the
Rulemaking Process: Pursuant to the notice of proposed rulemaking
(NPRM) published June 8, 2010, persons who desire may provide input on
this rulemaking using the social networking pilot project, Regulation
Room, established by DOT in partnership with the Cornell eRulemaking
Initiative (CeRI). You may visit the Regulation Room Web site, http://
www.regulationroom.org, to learn about the NPRM and that process. For
questions about this project, please contact Brett Jortland in the DOT
Office of General Counsel at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Clarification of Notice of Proposed Rulemaking

    On June 8, 2010, the Department published an NPRM on Enhancing
Airline Passenger Protections (75 FR 32318), which, among other things,
solicits comment, without proposing any specific rule text, on three
options that would provide greater access to air travel for persons
with peanut allergies. The NPRM also sought comment on whether it would
be preferable to maintain the current practice of not prescribing
carrier practices concerning the serving of peanuts. (75 FR 32318,
32332)
    We wish to clarify that, as alluded to in the NPRM, we recognize
that Section 346 of the Department of Transportation and Related
Agencies Appropriations Act of 2000, Public Law 106-69--Oct. 9, 1999
states:

    Hereafter, none of the funds made available under this Act or
any other Act, may be used to implement, carry out, or enforce any
regulation issued under section 41705 of title 49, United States
Code, including any regulation contained in part382 of title 14,
Code of Federal Regulations, or any other provision of law
(including any Act of Congress, regulation, or Executive order or
any official guidance or correspondence thereto), that requires or
encourages an air carrier (as that term is defined in section 40102
of title 49, United States Code) to, on intrastate or interstate air
transportation (as those terms are defined in section 40102 of title
49, United States Code)--(1) provide a peanut-free buffer zone or
any other related peanut-restricted area; or (2) restrict the
distribution of peanuts, until 90 days after submission to the
Congress and the Secretary of a peer-reviewed scientific study that
determines that there are severe reactions by passengers to peanuts
as a result of contact with very small airborne peanut particles of
the kind that passengers might encounter in an aircraft.

    We will comply with this requirement.

List of Subjects

14 CFR Parts 234, 250, and 259

    Air carriers, Consumer protection, Reporting and recordkeeping
requirements.

14 CFR Part 244

    Air carriers, Consumer protection, Tarmac delay data.

14 CFR Part 253

    Air carriers, Consumer protection, Contract of carriage.

14 CFR Part 399

    Administrative practice and procedure, Air carriers, Air rates and
fares, Air taxis, Consumer protection, Small businesses.

    Issued June 22, 2010, at Washington DC.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-15536 Filed 6-23-10; 11:15 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17656-17657]
[FR Doc No: 2011-7389]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0606]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Additional Listing
Information for Medical Device Registration and Listing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April
29, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0387.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Additional Listing Information for Medical Device Registration and
Listing--(OMB Control Number 0910-0387)--Extension

    The Food and Drug Administration Amendments Act of 2007 (FDAAA),
enacted September 27, 2007, requires that device establishment
registrations and listings under 21 U.S.C. 360(p) (including the
submission of updated information) be submitted to the Secretary of
Health and Human Services (the Secretary) by electronic means, unless
the Secretary grants a request for waiver of the requirement, because
the use of electronic means is not reasonable for the person requesting
the waiver. The collections of information under sections 222, 223, and
224 of FDAAA have been approved under OMB control number 0910-0625.
Registration by electronic means for device establishments replaced FDA
Forms 2891 and 2891a, ``Registration of Device Establishment,'' and FDA
Form 2892, ``Medical Device Listing,'' with FDA Form 3673, ``Device
Registration and Listing Module.'' The scope of this information
collection addresses only the reporting and recordkeeping requirements
by non-electronic means under Sec.  807.31 (21 CFR 807.31).
    Under Sec.  807.31(a) through (d), each owner or operator is
required to maintain an historical file containing the labeling and
advertisements in use on the date of initial listing, and in use after
October 10, 1978, but not before the date of initial listing. The owner
or operator must maintain in the historical file any labeling or
advertisements in which a material change has been made anytime after
initial listing, but may discard labeling and advertisements from the
file 3 years after the date of the last shipment of a discontinued
device by an owner or operator. Section 807.31(e) requires that the
owner or operator be prepared to submit to FDA copies of: (1) All
device labeling, (2) all device labeling and representative
advertising, or (3) only representative package inserts, depending upon
whether the device is subject to the regulatory controls under sections
514 and 515 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
(21 U.S.C. 360d and 360e), or restrictions imposed by 21 CFR 801.109 or
otherwise by section 520(e) of the FD&C Act (21 U.S.C. 360j(e)).
    The information collected under these provisions is used by FDA to
identify: (1) Firms subject to FDA's regulations, (2) geographic
distribution of firms in order to effectively allocate FDA's field
resources for inspections, and (3) the class of the device that
determines the frequency of inspection. As a result, when complications
occur with a particular device or component, all manufacturers of
similar or related devices can easily be identified.
    The likely respondents to this information collection are domestic
and foreign device establishments who must register and submit a device
list to FDA, e.g., establishments engaged in the manufacture,
preparation, propagation, compounding, assembly, or processing of
medical devices intended for human use and commercial distribution.
    The annual respondent reporting burden for device establishment

registrations and listings for additional information is estimated to
be 12,375 hours, and the annual respondent recordkeeping burden is
estimated to be 45,000 hours. Therefore, the total burden hours for
this collection are estimated to be 57,375. The estimates cited in
tables 1 and 2 of this document are based primarily on fiscal year 2010
data from current systems and on conversations with industry and trade
association representatives.
    In the Federal Register of December 7, 2010 (75 FR 76008), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                No. of                       Average  burden
                           21 CFR section                                 No. of       responses per     Total annual    per  response     Total hours
                                                                       respondents       respondent      respondents       (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
807.31(d)(2).......................................................           2,250                1            2,250              0.5            1,125
807.31(e)..........................................................          22,500                1           22,500              0.5           11,250
                                                                                ----------------
    Total..........................................................  ...............  ...............  ...............  ...............          12,375
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average  burden
                                                                          No. of       No. of records    Total annual         per
                           21 CFR section                             recordkeepers         per            records       recordkeeping     Total hours
                                                                                recordkeeper                       (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
807.31(a) to (c)...................................................          22,500                4           90,000              0.5           45,000
                                                                                ----------------
    Total..........................................................  ...............  ...............  ...............  ...............          45,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: March 24, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-7389 Filed 3-29-11; 8:45 am]
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6635
Federal Register/Vol. 74, No. 26 /Tuesday, February 10, 2009 /Notices
industry entitled ‘‘Updating Labeling for
Susceptibility Test Information in
Systemic Antibacterial Drug Products
and Antimicrobial Susceptibility
Testing Devices.’’ FDA is now in the
process of finalizing this guidance.
The Food and Drug Administration
Amendments Act of 2007 (FDAAA)
includes a requirement that FDA
identify and periodically update
susceptibility test interpretive criteria
for antibacterial drug products and
make those findings publicly available.
The guidance informs industry of how
FDA intends to comply with the
FDAAA requirement. Specifically, the
guidance describes procedures and
responsibilities for updating
information on susceptibility test
interpretive criteria, susceptibility test
methods, and quality control parameters
in the labeling for systemic antibacterial
drug products for human use. The
guidance also describes procedures for
making corresponding changes to
susceptibility test interpretive criteria
for antimicrobial susceptibility testing
devices.
Description of Respondents:
Respondents to this collection of
information are holders of new drug
applications and abbreviated new drug
applications.
Burden Estimate: Application holders
can use one of the following approaches
to meet their responsibilities to update
their product labeling under the
guidance and FDA regulations: (1)
Submit a labeling supplement that relies
upon a standard recognized by FDA in
a Federal Register notice or (2) submit
a labeling supplement that includes data
supporting a proposed change to the
microbiology information in the
labeling. In addition, application
holders should include in their annual
report an assessment of whether the
information in the Microbiology
subsection of their product labeling is
current or changes are needed. For
human drugs, this information
collection is already approved by OMB
under control number 0910–0572 (the
requirement in 21 CFR 201.56(a)(2) to
update labeling when new information
becomes available that causes the
labeling to become inaccurate, false, or
misleading) and OMB control number
0910–0001 (the requirement in 21 CFR
314.70(b)(2)(v) to submit labeling
supplements for certain changes in the
product’s labeling and the requirement
in 21 CFR 314.81(b)(2)(i) to include in
the annual report a brief summary of
significant new information from the
previous year that might affect the
labeling of the drug product).
In addition, under the guidance, if the
information in the applicant’s product
labeling differs from the standards
recognized by FDA in the Federal
Register notice, and the applicant
believes that changes to the labeling are
not needed, the applicant should
provide written justification to FDA
explainimg why the recognized
standard does not apply to its drug
product and why changes are not
needed to the Microbiology subsection
of the product’s labeling. This
justification should be submitted as
general correspondence to the product’s
application, and a statement indicating
that no change is currently needed and
the supporting justification should be
included in the annual report. Based on
our knowledge of the need to update
information on susceptibility test
interpretive criteria, susceptibility test
methods, and quality control parameters
in the labeling for systemic antibacterial
drug products for human use, we
estimate that, annually, only two
applicants will submit the written
justification described on the previous
sentences and in the guidance. FDA also
estimates that each justification will
take approximately 16 hours to prepare
and submit to FDA as general
correspondence and as part of the
annual report.
No comments were received.
FDA estimates the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN
1
Reporting Burden
No. of
Respondents
No. of
Responses
per Respondent
Total
Responses
Hours per
Response
Total Hours
Justification submitted as general correspondence and in
the annual report
2
1
2
16
32
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: January 26, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E9–2682 Filed 2–9–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket Nos. FDA–2008–E–0103, FDA–
2008–E–0110, FDA–2008–E–0113, and FDA–
2008–E–0114]
Determination of Regulatory Review
Period for Purposes of Patent
Extension; LETAIRIS
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY:
The Food and Drug
Administration (FDA) has determined
the regulatory review period for
LETAIRIS 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 Patents
and Trademarks, Department of
Commerce, for the extension of patents
which claim that human drug product.
ADDRESSES:
Submit written comments
and petitions to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Submit
electronic comments to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 51,
rm. 6222, Silver Spring, MD 20993–
0002, 301–796–3602.
SUPPLEMENTARY INFORMATION:
The Drug
Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98–
417) and the Generic Animal Drug and
Patent Term Restoration Act (Public
Law 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.
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6636
Federal Register/Vol. 74, No. 26 /Tuesday, February 10, 2009 /Notices
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 human drug
product 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 Patents
and Trademarks 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 recently approved for marketing
the human drug product LETAIRIS
(ambrisentan). LETAIRIS is indicated
for the treatment of pulmonary arterial
hypertension (WHO Group 1) in
patients with WHO class II or III
symptoms to improve exercise capacity
and delay clinical worsening.
Subsequent to this approval, the Patent
and Trademark Office received four
patent term restoration applications for
LETAIRIS (U.S. Patent Nos. 5,703,017;
5,840,722; 5,932,730; and 7,109,205)
from Abbott Gmbh & Co., KG, and the
Patent and Trademark Office requested
FDA’s assistance in determining these
patents’ eligibility for patent term
restoration. In a letter dated April 22,
2008, FDA advised the Patent and
Trademark Office that this human drug
product had undergone a regulatory
review period and that the approval of
LETAIRIS represented the first
permitted commercial marketing or use
of the product. Shortly thereafter, the
Patent and Trademark Office requested
that FDA determine the product’s
regulatory review period.
FDA has determined that the
applicable regulatory review period for
LETAIRIS is 1,871 days. Of this time,
1,691 days occurred during the testing
phase of the regulatory review period,
while 180 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 act) (21 U.S.C.
355(i)) became effective: May 3, 2002.
The applicant claims July 4, 2002, as the
date the investigational new drug
application (IND) became effective.
However, FDA records indicate that the
IND effective date was May 3, 2002, the
date a previous IND was removed from
full clinical hold.
2.
The date the application was
initially submitted with respect to the
human drug product under section
505(b) of the act: December 18, 2006.
FDA has verified the applicant’s claim
that the new drug application (NDA) for
LETAIRIS (NDA 22–081) was initially
submitted on December 18, 2006.
3.
The date the application was
approved: June 15, 2007. FDA has
verified the applicant’s claim that NDA
22–081 was approved on June 15, 2007.
This determination of the regulatory
review period establishes the maximum
potential length of a patent extension.
However, the U.S. Patent and
Trademark Office applies several
statutory limitations in its calculations
of the actual period for patent extension.
In its applications for patent extension,
this applicant seeks 995 days of patent
term extension for U.S. Patent Nos.
5,703,017; 5,840,722; and 5,932,730,
and 225 days of patent term extension
for U.S. Patent No. 7,109,205.
Anyone with knowledge that any of
the dates as published are incorrect may
submit to the Division of Dockets
Management (see
ADDRESSES
) written or
electronic comments and ask for a
redetermination by April 13, 2009.
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 10, 2009. To meet its burden, the
petition must contain sufficient facts to
merit an FDA investigation. (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.
Comments and petitions should be
submitted to the Division of Dockets
Management. Three copies of any
mailed information are to be submitted,
except that individuals may submit one
copy. Comments are to be identified
with the docket number found in
brackets in the heading of this
document. Comments and petitions may
be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Dated: February 2, 2009.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug
Evaluation and Research.
[FR Doc. E9–2683 Filed 2–9–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2005–E–0423] (formerly
Docket No. 2005E–0255)
Determination of Regulatory Review
Period for Purposes of Patent
Extension; LUNESTA
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY:
The Food and Drug
Administration (FDA) has determined
the regulatory review period for
LUNESTA and is publishing this notice
of that determination as required by
law. FDA has made the determination
because of the submission of an
application to the Director of Patents
and Trademarks, Department of
Commerce, for the extension of a patent
which claims that human drug product.
ADDRESSES:
Submit written comments
and petitions to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852. Submit
electronic comments to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 51,
rm. 6222, Silver Spring, MD 20993–
0002, 301–796–3602.
SUPPLEMENTARY INFORMATION:
The Drug
Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98–
417) and the Generic Animal Drug and
Patent Term Restoration Act (Public
Law 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 human drug
product 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
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 MEMORANDUM

DATE: 11/24/14

FROM: 		Ken Mitchell/EPA Region 4

TO:CLEAN POWER PLAN FOR EXISTING POWER PLANTS; DOCKET ID: OAR - 2013-0602

SUBJECT:DISCUSSION OF THE CLEAN POWER Plan at the Carolinas Air Pollution Control Association Fall Meeting

SUMMARY:         THE OFFICE OF AIR QUALITY PLANNING AND STANDARDS provided information on the Clean Power Plan  to participants at Carolinas Air Pollution Control Association Fall Meeting in Myrtle Beach, SC, on  October 16, 2014.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.   ATTENDEES:

EPA Lisa Conner/EPA OAQPS

External Stakeholders Tom Effinger/SCANA Corporation Tom Lorenzen/Dorsey & Whitney LLP Don van der Vaart/NC DENR Bill Lane/ Kilpatrick Townsend & Stockton Approximately 150 other attendees

ATTACHMENT


[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1169-1170]
[FR Doc No: 2022-00206]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2192]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before April 11, 2022.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2192, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Kalamazoo County, Michigan (All Jurisdictions)
 Project: 18-05-0002S Preliminary Date: March 31, 2021 and September 30,
                                  2021
------------------------------------------------------------------------
Charter Township of Comstock...........  Township Offices, 6138 King
                                          Highway, Comstock, MI 49041.
Charter Township of Cooper.............  Cooper Township Offices, 1590 D
                                          Avenue West, Kalamazoo, MI
                                          49009.
Charter Township of Kalamazoo..........  Township Hall, 1720 Riverview
                                          Drive, Kalamazoo, MI 49004.
Charter Township of Texas..............  Texas Township Hall, 7110 West
                                          Q Avenue, Kalamazoo, MI 49009.
City of Galesburg......................  City Hall, 200 East Michigan
                                          Avenue, Galesburg, MI 49053.
City of Kalamazoo......................  City Hall, 241 West South
                                          Street, Kalamazoo, MI 49007.
City of Parchment......................  City Hall, 650 South Riverview
                                          Drive, Parchment, MI 49004.
City of Portage........................  City Hall, 7900 South Westnedge
                                          Avenue, Portage, MI 49002.
Township of Brady......................  Brady Town Hall, 13123 South
                                          24th Street, Vicksburg, MI
                                          49097.

Township of Charleston.................  Charleston Township Hall, 1499
                                          South 38th Street, Galesburg,
                                          MI 49053.
Township of Climax.....................  Township Hall, 110 North Main
                                          Street, Climax, MI 49034.
Township of Prairie Ronde..............  Prairie Ronde Township Hall,
                                          14050 South 6th Street,
                                          Schoolcraft, MI 49087.
Township of Richland...................  Township Offices, 7401 North
                                          32nd Street, Richland, MI
                                          49083.
Township of Ross.......................  Ross Township Offices, 12086
                                          East M-89, Richland, MI 49083.
Township of Schoolcraft................  Schoolcraft Township Hall, 50
                                          VW Avenue East, Vicksburg, MI
                                          49097.
Village of Augusta.....................  Village Hall, 109 West Clinton
                                          Street, Augusta, MI 49012.
Village of Vicksburg...................  Village Hall, 126 North
                                          Kalamazoo Avenue, Vicksburg,
                                          MI 49097.
------------------------------------------------------------------------

[FR Doc. 2022-00206 Filed 1-7-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67251-67254]
[FR Doc No: 2012-27370]

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

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1194; Special Conditions No. 25-472-SC]

Special Conditions: Boeing Model 757 Series Airplanes; Seats with
Non-Traditional, Large, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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

SUMMARY: These special conditions are issued for the Boeing Model 757
series airplanes. These airplanes as modified by Flight Structures,
Inc. will have novel or unusual design features associated with seats
that include non-traditional, large, non-metallic panels that would
affect survivability during a post-crash fire event. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is November 5,
2012. We must receive your comments by December 24, 2012.

ADDRESSES: Send comments identified by docket number [FAA-2012-1194]
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey

Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC,
20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 8 a.m. and 5 p.m., Monday through
Friday, except federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: John Shelden, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On April 5, 2012, Flight Structures, Inc. applied for a
supplemental type certificate for installing seats that include non-
traditional, large, non-metallic panels in Boeing Model 757 series
airplanes. The Boeing Model 757 series airplanes, currently approved
under Type Certificate No. A2NM, are swept-wing, conventional tail,
twin-engine, turbo-fan-powered, single aisle, medium-sized transport
category airplanes.
    The applicable regulations to airplanes currently approved under
Type Certificate No. A2NM do not require seats to meet the more
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then-recently-adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, the contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat release and smoke emission
requirements.
    Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface
area of these panels is on the same order as the sidewall and overhead
stowage bin interior panels. To provide the level of passenger
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the
standards of Title 14, Code of Federal Regulations (14 CFR), part 25,
Appendix F, parts IV and V, heat release and smoke emission
requirements.

Type Certification Basis

    Under the provisions of Sec.  21.101, Flight Structures, Inc. must
show that the Boeing Model 757 series airplanes, as changed, continue
to meet the applicable provisions of the regulations incorporated by
reference in Type Certificate No. A2NM or the applicable regulations in
effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in Type Certificate No. A2NM are as follows:
    For Boeing Model 757-200 series airplanes--part 25, as amended by
Amendment 25-1 through Amendment 25-45. In addition, an equivalent
safety finding exists with respect to Sec.  25.853(c), Compartment
interiors.
    For Boeing Model 757-300 series airplanes--part 25, as amended by
Amendment 25-1 through Amendment 25-85 with the exception listed:
Section 25.853(d)(3), Compartment interiors, at Amendment 25-72.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 757 series airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
the special conditions would also apply to the other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 757 series airplanes must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 757 series airplanes will incorporate the
following novel or unusual design features: These models offer interior
arrangements that include passenger seats that incorporate non-
traditional, large, non-metallic panels in lieu of the traditional
metal frame covered by fabric. The flammability properties of these
panels have been shown to significantly affect the survivability of the
cabin in the case of fire. These seats are considered a novel design
for transport category airplanes that include Amendment 25-61 and
Amendment 25-66 in the certification basis, and were not considered
when those airworthiness standards were established.
    The existing regulations do not provide adequate or appropriate
safety

standards for seat designs that incorporate non-traditional, large,
non-metallic panels in their designs. In order to provide a level of
safety that is equivalent to that afforded to the balance of the cabin,
additional airworthiness standards, in the form of special conditions,
are necessary. These special conditions supplement Sec.  25.853. The
requirements contained in these special conditions consist of applying
the identical test conditions required of all other large panels in the
cabin, to seats with non-traditional, large, non-metallic panels.
    A non-traditional, large, non-metallic panel, in this case, is
defined as a panel with exposed-surface areas greater than 1.5 square
feet installed per seat place. The panel may consist of either a single
component or multiple components in a concentrated area. Examples of
parts of the seat where these non-traditional panels are installed
include, but are not limited to seat backs, bottoms and leg/foot rests,
kick panels, back shells, credenzas and associated furniture. Examples
of traditional exempted parts of the seat include: arm caps, armrest
close-outs such as end bays and armrest-styled center consoles, food
trays, video monitors, and shrouds.

Clarification of ``Exposed''

    ``Exposed'' is considered to include panels that are directly
exposed to the passenger cabin in the traditional sense, and panels
that are enveloped, such as by a dress cover. Traditional fabrics or
leathers currently used on seats are excluded from these special
conditions. These materials must still comply with Sec.  25.853(a) and
Sec.  25.853(c) if used as a covering for a seat cushion, or Sec.
25.853(a) if installed elsewhere on the seat. Non-traditional, large,
non-metallic panels covered with traditional fabrics or leathers will
be tested without their coverings or covering attachments.

Discussion

    In the early 1980s, the FAA conducted extensive research on the
effects of post-crash flammability in the passenger cabin. As a result
of this research and service experience, the FAA adopted new standards
for interior surfaces associated with large surface area parts.
Specifically, the rules require measurement of heat release and smoke
emission (part 25, Appendix F, parts IV and V) for the affected parts.
Heat release has been shown to have a direct correlation with post-
crash fire survival time. Materials that comply with the standards
(i.e., Sec.  25.853 titled ``Compartment interiors'' as amended by
Amendment 25-61 and Amendment 25-66) extend survival time by
approximately two minutes over materials that do not comply.
    At the time these standards were written, the potential application
of the requirements of heat release and smoke emission to seats was
explored. The seat frame itself was not a concern because it was
primarily made of aluminum and there were only small amounts of non-
metallic materials. It was determined that the overall effect on
survivability was negligible, whether or not the food trays met the
heat release and smoke requirements. The requirements therefore did not
address seats. The preambles to both the Notice of Proposed Rule
Making, Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final
Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note
that seats were excluded ``because the recently-adopted standards for
flammability of seat cushions will greatly inhibit involvement of the
seats.''
    Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March
6, 1995) clarified the definition of minimum panel size: ``It is not
possible to cite a specific size that will apply in all installations;
however, as a general rule, components with exposed-surface areas of
one square foot or less may be considered small enough that they do not
have to meet the new standards. Components with exposed-surface areas
greater than two square feet may be considered large enough that they
do have to meet the new standards. Those with exposed-surface areas
greater than one square foot, but less than two square feet, must be
considered in conjunction with the areas of the cabin in which they are
installed before a determination could be made.''
    In the late 1990s, the FAA issued Policy Memorandum 97-112-39,
Guidance for Flammability Testing of Seat/Console Installations,
October 17, 1997. That memo was issued when it became clear that seat
designs were evolving to include large, non-metallic panels with
surface areas that would impact survivability during a cabin fire
event, comparable to partitions or galleys. The memo noted that large
surface area panels must comply with heat release and smoke emission
requirements, even if they were attached to a seat.
    If the FAA had not issued such policy, seat designs could have been
viewed as a loophole to the airworthiness standards that would result
in an unacceptable decrease in survivability during a cabin fire event.
    In October 2004, an issue was raised regarding the appropriate
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional
metal covered by fabric. The Seattle Aircraft Certification Office and
Transport Standards Staff reviewed this design and determined that it
represented the kind and quantity of material that should be required
to pass the heat release and smoke emissions requirements. We have
determined that special conditions would be promulgated to apply the
standards defined in Sec.  25.853(d) to seats with large, non-metallic
panels in their design.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 757 series airplanes. Should Flight Structures, Inc. apply
at a later date for a supplemental type certificate to modify any other
model included on Type Certificate No. A2NM to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Boeing Model 757 series of airplanes. It is not a rule of
general applicability and affects only the applicant who applied to the
FAA for approval of these features on the airplane.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon issuance. The FAA is requesting comments
to allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the

Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 757 series airplanes
modified by Flight Structures, Inc.

Seats With Non-Traditional, Large, Non-Metallic Panels

    1. Except as provided in paragraph 3 of these special conditions,
compliance with 14 CFR part 25, Appendix F, parts IV and V, heat
release and smoke emission, is required for seats that incorporate non-
traditional, large, non-metallic panels that may either be a single
component or multiple components in a concentrated area in their
design.
    2. The applicant may designate up to and including 1.5 square feet
of non-traditional, non-metallic panel material per seat place that
does not have to comply with special condition Number 1, above. A
triple seat assembly may have a total of 4.5 square feet excluded on
any portion of the assembly (e.g., outboard seat place 1 square foot,
middle 1 square foot, and inboard 2.5 square feet).
    3. Seats do not have to meet the test requirements of 14 CFR part
25, Appendix F, parts IV and V, when installed in compartments that are
not otherwise required to meet these requirements. Examples include:
    a. Airplanes with passenger capacities of 19 or less,
    b. Airplanes that do not have Sec.  25.853, Amendment 25-61 or
later, in their certification basis and do not need to comply with the
requirements of 14 CFR 121.312, and
    c. Airplanes exempted from Sec.  25.853, Amendment 25-61 or later.

    Issued in Renton, Washington, on November, 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27370 Filed 11-8-12; 8:45 am]
BILLING CODE 4910-13-P