Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations 39389 

States will negate the current global 

harmony of these landing definitions, 

and compel international flight crews to 

train and operate differently in the 

United States versus the rest of the 

world.’’ This commenter further stated 

that ‘‘* * * these changes should not be 

allowed to become effective until ICAO 

has changed the internationally 

recognized standard definitions, and all 

member states have concurred * * *’’ 

Two anonymous commenters submitted 

nearly identical comments and stated 

that ‘‘[t]he proposed definition 

relaxation will result in blending the Cat 

III operational and system performance 

distinctions, and appears to ignore the 

potential reduction in safety’’ These 

individuals also commented that 

‘‘* * * fail-passive systems and flight 

crews trained to the fail-passive 

minimums and procedures will be 

permitted to fly to fail-operational 

minimums.’’ 

In response to Boeing’s comment, the 

FAA notes that the removal of the 

Category IIIa, IIIb, and IIIc definitions 

will not affect current FAA category III 

aircraft certifications or operator 

authorizations and will not require 

changes to other FAA regulations. 

Category III standards used in the 

United States will be completely 

unaffected by the removal of the 

Category IIIa, IIIb, and IIIc definitions. 

The Category III operational concepts 

represented by the Category IIIa, IIIb, 

and IIIc definitions are used to develop 

the certification and authorization 

criteria and these criteria are then 

applied directly to individual aircraft 

certifications and operator 

authorizations. Thus, the certification of 

Category III aircraft systems under 

Advisory Circular (AC) 120–28D no 

longer directly refers to the Category 

IIIa, b, and c definitions contained in 14 

CFR 1.1, but uses the airworthiness 

criteria in the AC and the certification 

statements refer to those criteria as well. 

Likewise, Operations Specification 

(OpSpec) C060, the operational 

authorization for Category III operators, 

no longer specifically uses the Category 

IIIa, IIIb, and IIIc definitions, but rather 

ties authorized weather minima to the 

certification level of aircraft, as 

specified in the AC. 

In response to the individual 

comments, the FAA notes that AC 120– 

28D uses the ICAO Category IIIa, IIIb, 

and IIIc definitions in its development 

of Category III operational concepts. 

Category IIIa, IIIb, and IIIc definitions 

will continue to be used unless changed 

in the normal ICAO process. In its 

second comment, ICAO stated that this 

rulemaking would have no impact on 

the recognition of any CAT III a, b, or 

c operational approval for international 

operators or United States-issued 

operational approvals which conform to 

Annex 6—Operation of Aircraft and 

therefore has no objection to the change. 

Thus, operational authorizations for all 

operators and aircraft certification 

through AC 120–28D and OpSpec C060 

rely only upon the ICAO Category IIIa, 

IIIb, and IIIc definitions and will be 

completely unaffected by removing the 

definitions of Category IIIa, IIIb, and IIIc 

in the CFR. Additionally, the use of Fail 

Passive or Fail Operational Category III 

minima is not bound by the Category III 

definition. Category III minima are 

controlled completely by the 

operational authorization, OpSpec 

C060, under criteria contained in AC 

120–28D. Since, as explained above, the 

AC criteria will be unaffected by 

removal of the sub-definitions, CAT III 

minima authorized through the OpSpec 

will be unchanged. 

Conclusion 

After consideration of the comments 

submitted in response to the direct final 

rule, the FAA has determined that no 

further rulemaking action is necessary. 

Therefore, Amendment 1–67 remains in 

effect. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s 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.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http:// 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

Issued in Washington, DC on June 11, 

2012. 

John M. Allen, 

Director, Flight Standards Service. 

[FR Doc. 2012–16280 Filed 7–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 67 

[Docket No. FAA–2012–0056; Amdt. No. 

67–21] 

RIN 2120–AK00 

Removal of the Part 67 Requirement 

for Individuals Granted the Special 

Issuance of a Medical Certificate to 

Carry Their Letter of Authorization 

While Exercising Pilot Privileges; 

Confirmation of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of the direct final rule 

published on March 22, 2012. The rule 

removes a regulatory provision under 

Federal Aviation Administration (FAA) 

medical certification standards that 

requires individuals granted the Special 

Issuance of a Medical Certificate 

(Authorization) to have their letter of 

Authorization in their physical 

possession or readily accessible on the 

aircraft while exercising pilot privileges. 

DATES: The direct final rule becomes 

effective on July 20, 2012. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 


sroberts on DSK5SPTVN1PROD with NOTICES
39390 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations 

action, contact Judi Citrenbaum, Office 

of Aerospace Medicine, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–9689; email 

Judi.M.Citrenbaum@faa.gov. 

For legal questions concerning this 

action, contact Sabrina Jawed, Office of 

the Chief Counsel, Regulations Division, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3073; email 

Sabrina.Jawed@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Since 2008, Title 14, Code of Federal 

Regulations (14 CFR) § 67.401(j) has 

required individuals granted the Special 

Issuance of a Medical Certificate 

(Authorization) to have their letter of 

Authorization in their physical 

possession or readily accessible in the 

aircraft while exercising pilot privileges. 

The FAA published a direct final rule 

on March 22, 2012 (77 FR 16664) to 

remove this provision for several 

reasons. Namely, affected individuals 

find the standard burdensome given that 

other longstanding FAA operational 

requirements already mandate that 

pilots carry their medical certificate 

when exercising pilot privileges. In 

addition, the FAA is not aware of any 

individuals affected by the standard 

who have had to produce their letter of 

Authorization for any civil aviation 

authorities during the nearly 4-year 

period the rule has been in effect. In this 

regard, the FAA identified this 

rulemaking action as burden-relieving 

under Executive Order 13563 of January 

18, 2011 entitled ‘‘Improving Regulation 

and Regulatory Review.’’ 

Once this rule becomes effective, 

§ 67.401(j) no longer will apply. This 

means that the ‘‘Note’’ under the 

regulatory reference to § 67.401(j) listed 

under the ‘‘Conditions of Issue’’ on an 

individual’s existing FAA medical 

certificate no longer will be necessary. 

This does not mean that the FAA needs 

or intends to re-issue medical 

certificates. It will be acceptable for the 

FAA medical certificate to reference this 

‘‘Note’’ until an individual’s medical 

certificate is renewed. The FAA will 

begin using medical certificates with 

updated ‘‘Conditions of Issue’’ that do 

not include reference to the removed 

standard as soon as possible after July 

20, 2012. 

Discussion of Comments 

The FAA received nine supportive 

comments from individuals and one 

supportive comment from the Air Line 

Pilots Association International 

regarding this action. All of the 

commenters believe that this regulation 

is unnecessary, and removing it would 

relieve affected pilots of an undue 

burden. 

Conclusion 

The FAA received no adverse 

comments in response to the direct final 

rule ‘‘Removal of the Part 67 

Requirement for Individuals Granted the 

Special Issuance of a Medical Certificate 

to Carry Their Letter of Authorization 

While Exercising Pilot Privileges’’. The 

FAA has determined that no further 

rulemaking action is necessary. 

Therefore, the rule is adopted as 

amendment 67–21 and becomes 

effective on July 20, 2012. 

How To Obtain Additional Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet — 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http:// 

www.gpo.gov/fdsys. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s 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.). 

Issued in Washington, DC on June 6, 2012. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. 2012–16317 Filed 7–2–12; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 229 and 240 

[Release Nos. 33–9330; 34–67220; File No. 

S7–13–11] 

RIN 3235–AK95 

Listing Standards for Compensation 

Committees 

Correction 

In rule document 2012–15408, 

appearing on pages 38422–38455, in the 

issue of Wednesday, June 27, 2012, 

make the following correction: 

1. On page 38422, in column one, 

under the heading DATES, Compliance 

Dates, thirteenth line, ‘‘June 27, 2012’’ 

should read ‘‘June 27, 2013’’. 

[FR Doc. C1–2012–15408 Filed 7–2–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 522 and 556 

[Docket No. FDA–2012–N–0002] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Maropitant; 

Tildipirosin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval actions for new animal drug 

applications (NADAs) and abbreviated 

new animal drug applications 

(ANADAs) during May 2012. FDA is 

also informing the public of the 

availability of summaries of the basis of 

approval and of environmental review 

documents, where applicable. 

DATES: This rule is effective July 3, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

George K. Haibel, Center for Veterinary 

Medicine (HFV–6), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9019, 

email:george.haibel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: FDA’s 

Center for Veterinary Medicine (CVM) is 

adopting use of a monthly Federal 

Register document to codify approval 

actions for NADAs and ANADAs. CVM 

will no longer publish a separate rule 

for each action. This approach will 

allow a more efficient use of available 

resources. 


sroberts on DSK5SPTVN1PROD with NOTICES