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 for 

a 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– 

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

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 the 

public 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 48 

contiguous 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 

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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. 

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