### 24632 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules

requested that the FAA extend the comment period for Notice No. 14–02 for 120 days. By letters dated April 8, 2014 and April 9, 2014, respectively, IATA and Lufthansa also requested a 120-day extension of the comment period. The petitioners requested the
extension to secure additional time for commenters to assess the impact of the ANPRM and prepare comments.

While the FAA concurs with the petitioners’ requests for an extension of the comment period, it does not support a 120-day extension. The FAA finds that providing an additional 60 days is sufficient for these petitioners and other commenters to analyze the ANPRM and provide meaningful comments.

Absent unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking.

Extension of Comment Period

In accordance with § 11.47(c) of title 14, Code of Federal Regulations, the FAA has reviewed the petitions made by A4A, IATA, and Lufthansa for extension of the comment period to Notice No. 14–02. These petitioners
have shown a substantive interest in the ANPRM and good cause for the
extension. The FAA has determined that extension of the comment period is consistent with the public interest, and that good cause exists for taking this

action.

Accordingly, the comment period for Notice No. 14–02 is extended until July

17, 2014.

Additional Information

A. Comments Invited

The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The most helpful comments reference a specific portion of the ANPRM, explain the reason for any recommendations, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this ANPRM. Before acting on this ANPRM, the FAA will consider all
comments it receives on or before the extended closing date for comments.
The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. Proprietary or Confidential Business Information: Do not file proprietary or
confidential business information in the
docket. Such information must be sent or delivered directly to the person
identified in the **FOR FURTHER**

**INFORMATION CONTACT** section of this document and marked as proprietary or confidential. If submitting information on a disk or CD ROM, mark the outside of the disk or CD ROM, and identify electronically within the disk or CD ROM the specific information that is proprietary or confidential.

Under 14 CFR 11.35(b), if the FAA is aware of proprietary information filed with a comment, the agency does not place it in the docket. It is held in a separate file to which the public does not have access, and the FAA places a
note in the docket that it has received it. If the FAA receives a request to examine or copy this information, it treats it as any other request under the Freedom of Information Act (5 U.S.C. 552). The FAA processes such a request under Department of Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking

Documents

An electronic copy of rulemaking documents may be obtained from the Internet by—

1. Searching the Federal eRulemaking Portal (http://www.regulations.gov );
2. Visiting the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations

_ policies or 3. Accessing the Government Printing Office’s Web page at http:// www.gpo.gov/fdsys/.

Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–9680. Commenters must identify the docket or notice number of this rulemaking.

All documents the FAA considered in developing the ANPRM, including economic analyses and technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above.

Issued at Washington, DC, under the authority set forth in 49 U.S.C. 44733 on April 28, 2014.

Lirio Liu,
Director, Office of Rulemaking.

[FR Doc. 2014–09969 Filed 4–30–14; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**14 CFR Part 398**

**[Docket No.: DOT–OST–2014–0061]**

**Essential Air Service Proposed Enforcement Policy** 

**AGENCY :**  Office of Aviation Analysis (X50), Department of Transportation (DOT).

**ACTION :**  Notice of Proposed Enforcement Policy.

**SUMMARY :**  This proposed notice of enforcement policy announces how the Department of Transportation (DOT) intends, going forward, to enforce compliance with the requirements of the Department of Transportation and Related Agencies Appropriations Act, 2000, which prohibits the Department from subsidizing Essential Air Service (EAS) to communities located within the 48 contiguous States receiving per passenger subsidy amounts exceeding $200, unless the communities are
located more than 210 miles from the nearest large or medium hub airport. As proposed, all communities receiving subsidies under the EAS Program would have until September 30, 2015, based on data from October 1, 2014, through September 30, 2015, to ensure compliance with the $200 subsidy cap or face termination of subsidy eligibility. After September 30, 2015, the Department would continue enforcement of the $200 subsidy cap on an annual basis based on data compiled at the end of every fiscal year. Consistent with established procedures, DOT will issue each potentially impacted community a show cause order regarding termination of eligibility and provide each such community with a fair and reasonable opportunity to demonstrate compliance with the $200 subsidy cap prior to a final decision by DOT. In addition, any community that is deemed ineligible under the $200 subsidy cap provision may petition the Secretary for a waiver. After receiving a community’s petition for a waiver, the Secretary may waive the subsidy cap fora limited period of time, on a case-bycase basis, and subject to availability of funds. To provide the Department with
sufficient time to evaluate the FY 2015 data for potentially affected communities, DOT does not intend to begin the Show Cause Order process until January 2016.

**DATES :**  Send comments on or before June 30, 2014. Late-filed comments will be considered to the extent practicable.

**ADDRESSES :**  Send comments identified by docket number DOT–OST–2014–


### 24633 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules

0061 using any of the following
methods:

• Federal eRulemaking 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 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

• Fax: Fax comments to Docket Operations at (202) 493–2251.

Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from thepublic to better inform its decisionmaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. DOT will read and respond to all substantive comments. If you are filing comments on behalf of an organization or group of individuals, we encourage you to include the name of your group or organization. However, anonymous comments will be considered if they are timely filed. Including your name/group along with your comment is completely optional.

Docket: 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 :**  For technical questions concerning this action, contact Kevin Schlemmer, Chief,
Essential Air Service and Domestic Analysis Division, Office of Aviation Analysis, Department of Transportation, 1200 New Jersey Avenue SE, Room W86–309, Washington, DC 20590; telephone: (202) 366–3176; Kevin.Schlemmer@dot.gov. For legal questions concerning this action, contact Claire McKenna, Attorney, Office of the General Counsel, Department of Transportation, 1200 New Jersey Avenue SE., Room 96–309; telephone: (202) 366–0365; email: Claire.McKenna@dot.gov.

**SUPPLEMENTARY INFORMATION :**  Background
The Airline Deregulation Act, passed in 1978, gave airlines almost total
freedom to determine which markets to serve domestically and what fares to charge for that service. The United States Congress (Congress) established the EAS program to guarantee that small communities that were served by
certificated air carriers before deregulation maintain at least a minimal
level of scheduled air service. Since its inception, the EAS program has provided a vital link for eligible small communities to the National Airspace System (NAS). Indeed, this program
ensures that small communities across America can tap into the economic and quality of life benefits that scheduled air
services offer.

Over the years, Congress has made a number of statutory changes to the program (most recently in 2011 and 2012), but the fundamental purpose of the program remains unchanged. Given the socio-economic importance of this program, DOT remains committed to preserving the EAS program for eligible communities and ensuring the sustainability of the program for the
future.

This proposed enforcement policy concerns the statutory mandate that prohibits DOT from providing EAS funds to any community in the 48contiguous states that requires a perpassenger-subsidy in excess of $200 unless the community is located more than 210 miles from the nearest large or medium airport. Congress first imposed a $200 subsidy per passenger cap for communities in the 48 contiguous States in FY 1990 appropriations language. Such language was repeated in several later appropriations acts, throughout the 1990s, and was made permanent by the Department of Transportation and Related Agencies Appropriations Act, 2000, Public Law 106–69, 113 Stat. 986 (Oct. 9, 1999). Specifically, the Act provided that:

Hereafter, notwithstanding 49 U.S.C. 41742,
no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport.

The Department always has expected
communities less than 210 miles from the nearest large or medium hub airport to work together with air carriers providing EAS to keep the subsidy per passenger below the $200 cap or risk termination of eligibility from the EAS Program. DOT also has routinely provided notice of this statutory
mandate to communities that were or appeared to be at risk of exceeding the cap, and a number of EAS communities have lost their eligibility as a result of the cap.

Although the $200 subsidy cap is a longstanding statutory provision, in 2012, Congress added a provision that allows the Secretary to grant waivers in
limited circumstances. To effectuate that new provision and to ensure the
fair and consistent treatment of all EAS communities subject to the $200 subsidy cap prospectively, DOT is issuing this proposed enforcement policy. Specifically, the Department is considering a policy that will defer future enforcement of the $200 subsidy cap until January 2016. The proposed policy, if finalized, would set September 30, 2015, as the date by which any EAS community with a per passenger subsidy exceeding or approaching the $200 subsidy cap must ensure compliance with the cap. Under the proposed policy, DOT would determine each community’s subsidy per passenger cap based on data compiled from October 1, 2014, through September 30, 2015. Consistent with past practice and our obligations under 49 U.S.C. 41733(f)(2), DOT would continue to encourage potentially
affected communities to work with air carriers providing subsidized EAS to
maximize use of the service awarded under their respective carrier-selection orders to avoid exceeding the $200 subsidy cap.

If after September 30, 2015, a particular community’s subsidy per passenger remains above $200 and its
location is less than 210 miles from the nearest large or medium hub airport, the Department would initiate proceedings, consistent with 49 U.S.C. 41733(f) and Public Law 112–97 (Feb. 14, 2012), Section 426(e), directing interested persons to show cause why the Department should not terminate the eligibility of the community in question under the EAS Program. This process will provide each potentially affected community with a fair and reasonable opportunity to demonstrate compliance with the $200 subsidy cap prior to a final decision by DOT. To provide the Department with sufficient time to
receive and evaluate the FY 2015 data for potentially affected communities, DOT does not intend to begin the show cause process until January 2016.

After September 30, 2015, the Department would continue enforcement of the $200 subsidy cap on an annual basis based on data compiled at the end of every fiscal year and
submitted to DOT after the close of the


### 24634 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules

most recent fiscal year. Regardless of whether this proposed enforcement policy is adopted in any form, the EAS program contains certain statutory protections that an adversely impacted EAS community may invoke. First, in
the event that DOT determines that a community is ineligible because it exceeds the $200 subsidy cap provision in a given fiscal year, the community may petition the Secretary of DOT for a waiver pursuant to Pubic Law 112–97, Sec. 426(e) (c) (Feb. 14, 2012). Under this provision, ‘‘[s]ubject to the availability of funds, the Secretary may waive, on a case-by-case basis, the subsidy-per-passenger cap.’’ The law further provides: ‘‘A waiver . . . shall remain in effect for a limited period of time, as determined by the Secretary.’’ Second, a community that is deemed ineligible based on the $200 subsidy cap and removed from the program may petition the Secretary for reinstatement into the program in a subsequent year if the community can demonstrate that it will be able to comply with the $200 subsidy cap on an annual basis going
forward.

The Department seeks comments from all interested parties regarding this proposed enforcement policy.

Issued in Washington, DC, on April 23,

2014.
Brandon M. Belford, Deputy Assistant Secretary for Aviation and International Affairs.

[FR Doc. 2014–09830 Filed 4–30–14; 8:45 am]

**BILLING CODE 4910–9X–P**

**SOCIAL SECURITY ADMINISTRATION**

**20 CFR Part 404**

**[Docket No. SSA–2006–0140]**

**RIN 0960–AF35**

**Revised Medical Criteria for Evaluating Neurological Disorders; Reopening of** 
**the Comment Period**

**AGENCY :**  Social Security Administration.

**ACTION :**  Proposed rule; reopening of the comment period.

**SUMMARY :**  On February 25, 2014, we published in the Federal Register a notice of proposed rulemaking (NPRM) regarding Revised Medical Criteria for Evaluating Neurological Disorders and solicited public comments. We provided a 60-day comment period ending on April 28, 2014. We are reopening the comment period for 30 days.

**DATES :**  The comment period for the notice of proposed rulemaking published on February 25, 2014 (79 FR 10636), is reopened. To ensure that your written comments are considered, we must receive them no later than June 2,

2014.

**ADDRESSES :**  You may submit comments by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2006–0140 so that we may associate your comments with the correct regulation.

CAUTION: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical
information.

1. Internet: We strongly recommend that you submit your comments via the
Internet. Please visit the Federal eRulemaking portal at http:// www.regulations.gov. Use the Search
function to find docket number SSA– 2006–0140. The system will issue you a tracking number to confirm your
submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable.

2. Fax: Fax comments to (410) 966–

2830.

3. Mail: Address your comments to the Office of Regulations and Reports Clearance, Social Security Administration, 3100 West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235–6401.

Comments are available for public viewing on the Federal eRulemaking portal at http://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below.

**FOR FURTHER INFORMATION CONTACT :**  Cheryl Williams, Office of Medical Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213, or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at http:// www.socialsecurity.gov

.

**SUPPLEMENTARY INFORMATION :**  This document reopens to June 2, 2014, the comment period for the notice of proposed rulemaking that we published on February 25, 2014. We are reopening the comment period in light of the
comments that we have received on the proposed rules. If you have already provided comments on the proposed rules, we will consider your comments and you do not need to resubmit them.

Dated: April 25, 2014. Carolyn W. Colvin, Acting Commissioner of Social Security.

[FR Doc. 2014–09951 Filed 4–30–14; 8:45 am]

**BILLING CODE 4191–02–P**

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**Food and Drug Administration**

**21 CFR Part 884**

**[Docket No. FDA–2014–N–0297]**

**Reclassification of Surgical Mesh for Transvaginal Pelvic Organ Prolapse**  **Repair and Surgical Instrumentation for Urogynecologic Surgical Mesh**  **Procedures; Designation of Special Controls for Urogynecologic Surgical** 
**Mesh Instrumentation**

**AGENCY :**  Food and Drug Administration,

HHS.

**ACTION :**  Proposed order.

**SUMMARY :**  The Food and Drug Administration (FDA or the Agency) is proposing to reclassify surgical mesh for transvaginal pelvic organ prolapse (POP) repair from class II to class III. FDA is proposing this reclassification
based on the tentative determination that general controls and special controls together are not sufficient to provide reasonable assurance of safety
and effectiveness for this device. In addition, FDA is proposing to reclassify urogynecologic surgical mesh
instrumentation from class I to class II. The Agency is also proposing to establish special controls for surgical
instrumentation for use with urogynecologic surgical mesh. FDA is proposing this action, based on the tentative determination that general controls by themselves are insufficient to provide reasonable assurance of the safety and effectiveness of these devices,
and there is sufficient information to establish special controls to provide such assurance. The Agency is reclassifying both the surgical mesh for transvaginal repair and the urogynecologic surgical mesh

instrumentation on its own initiative
based on new information.

**DATES :**  Submit either electronic or written comments on this proposed order by July 30, 2014. Please see section XIII for the proposed effective date of any final order that may publish based on this proposal.