68810 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Proposed Rules 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

en route domestic airspace extending 

upward from 1,200 feet above the 

surface at Spokane, WA. This action 

would contain aircraft while in IFR 

conditions under control of Seattle 

ARTCC by vectoring aircraft from en 

route airspace to terminal areas, 

therefore enhancing the safety and 

management of IFR operations within 

the NAS. 

Class E airspace designations are 

published in paragraph 6006, of FAA 

Order 7400.9Y, dated August 6, 2014, 

and effective September 15, 2014, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation; (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish controlled airspace at 

Spokane, WA. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9Y, Airspace 

Designations and Reporting Points, 

dated August 6, 2014, and effective 

September 15, 2014, is amended as 

follows: 

Paragraph 6006 En Route Domestic 

Airspace Areas. 

* * * * * 

ANM WA E6 Spokane, WA [New] 

Spokane, WA 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by a line beginning at lat. 45°49′52′′ 

N., long. 118°02′34′′ W.; to lat. 44°50′06′′ N., 

long. 117°05′33′′ W.; to lat. 45°50′00′′ N., 

long. 115°45′00′′ W.; to lat. 46°02′00′′ N., 

long. 115°45′00′′ W.; to lat. 48°24′00′′ N., 

long. 115°44′57′′ W.; to lat. 49°00′00′′ N., 

long. 115°30′00′′ W.; to lat. 49°00′00′′ N., 

long. 120°00′00′′ W.; to lat. 46°23′19′′ N., 

long. 121°07′50′′ W.; to lat. 45°09′13′′ N., 

long. 119°01′43′′ W.; thence to the point of 

beginning. 

Issued in Seattle, Washington, on 11/06/

2014. 

Christopher Ramirez, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2014–27318 Filed 11–18–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 10 

[Docket No. FDA–2012–D–1002] 

Questions and Answers Regarding 

Food Facility Registration (Sixth 

Edition); Guidance for Industry; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a 

guidance for industry entitled 

‘‘Questions and Answers Regarding 

Food Facility Registration (Sixth 

Edition).’’ The guidance includes one 

additional question and answer 

regarding FDA’s policy regarding food 

facility registration for farms that also 

pack or hold raw agricultural 

commodities grown on a farm under 

different ownership in light of other 

ongoing FDA Food Safety 

Modernization Act (FSMA) 

rulemakings. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Proposed Rules 68811 

DATES: Submit either electronic or 

written comments on FDA guidances at 

any time. 

ADDRESSES: Submit electronic 

comments on the guidance to http://

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. Submit 

written requests for single copies of the 

guidance to the Office of Compliance, 

Division of Field Programs and 

Guidance, Center for Food Safety and 

Applied Nutrition (HFS–615), Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740. Send 

two self-addressed adhesive labels to 

assist that office in processing your 

request. See the SUPPLEMENTARY

INFORMATION section for electronic 

access to the guidance document. 

FOR FURTHER INFORMATION CONTACT: 

Amy Barringer, Center for Food Safety 

and Applied Nutrition (HFS–615), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740, 

240–402–1988. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We are announcing the availability of 

a guidance for industry entitled 

‘‘Questions and Answers Regarding 

Food Facility Registration (Sixth 

Edition) available on FDA’s Web site at 

http://www.fda.gov/Food/

GuidanceRegulation/

GuidanceDocumentsRegulatory

Information/ucm331959.htm.’’ We are 

issuing this guidance consistent with 

our good guidance practices (GGP) 

regulation (§ 10.115 (21 CFR 10.115)). In 

accordance with § 10.115(g)(2), we are 

implementing this guidance without 

prior public comment because we have 

determined that prior public 

participation is not feasible or 

appropriate. The guidance represents a 

less burdensome policy consistent with 

the public health. Although this 

guidance document is immediately in 

effect, FDA will accept comments at any 

time. 

Section 102 of FSMA (Pub. L. 111– 

353), signed into law on January 4, 

2011, amends section 415 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 

350d) (the FD&C Act) regarding 

requirements for food facility 

registration. Further, section 102(a)(3) of 

FSMA amends section 415 of the FD&C 

Act to provide that food facilities 

required to register with FDA must 

renew their registrations with FDA 

every 2 years, between October 1 and 

December 31 of each even-numbered 

year, by submitting registrations 

renewals to FDA. 

In addition to amending section 415 

of the FD&C Act, FSMA also amended 

the FD&C Act such that section 415 

functions in connection with other food 

safety provisions. For instance, FSMA 

added section 418 of the FD&C Act (21 

U.S.C. 350g), which establishes certain 

preventive control requirements for food 

facilities that are required to register 

under section 415 of the FD&C Act. In 

general, section 418(a) of the FD&C Act 

requires the owner, operator, or agent in 

charge of a ‘‘facility’’ to evaluate the 

hazards that could affect food 

manufactured, processed, packed, or 

held by such facility, identify and 

implement preventive controls, monitor 

the performance of those controls, and 

maintain records of the monitoring. The 

term ‘‘facility’’ is defined in section 

418(o)(2) of the FD&C Act as ‘‘a 

domestic facility or a foreign facility 

that is required to register under section 

415.’’ 

As part of the rulemaking to 

implement section 418 of the FD&C Act, 

on September 29, 2014 (79 FR 58524), 

we published a supplemental notice of 

proposed rulemaking in the Federal 

Register, ‘‘Current Good Manufacturing 

Practice and Hazard Analysis and RiskBased Preventive Controls for Human 

Food’’ (preventive controls for human 

food). In that supplemental proposed 

rule, we proposed, inter alia, certain 

changes to the definition of the term 

‘‘farm’’ in 21 CFR 1.227 (§ 1.227). If 

implemented, these changes would 

impact food facility registration because 

the food facility registration 

requirements of section 415 of the FD&C 

Act do not apply to an establishment 

that meets the definition of ‘‘farm.’’ The 

current definition of a ‘‘farm’’ under 

§ 1.227 describes a farm in relevant part 

as a facility devoted to the growing and 

harvesting of crops, the raising of 

animals (including seafood), or both. 

Although that definition of ‘‘farm’’ then 

provides that farms also pack or hold 

food, it limits facilities that fall within 

the definition of ‘‘farm’’ to those that 

pack or hold food grown, raised, or 

consumed on that farm or another farm 

under the same ownership. Thus, under 

the current definition, an establishment 

that is devoted to the growing and 

harvesting of crops, but also packs and 

holds food not grown or raised on that 

farm or on another farm under the same 

ownership, would fall outside the 

definition of ‘‘farm’’ and be required to 

register as a food facility. In the 

supplemental notice of proposed 

rulemaking for preventive controls for 

human food, FDA proposed to revise the 

‘‘farm’’ definition in relevant part so 

that it would no longer limit 

establishments that fall within the 

‘‘farm’’ definition to those that pack or 

hold food grown, raised, or consumed 

on that farm or another farm under the 

same ownership. Under the revised 

‘‘farm’’ definition, an establishment 

devoted to the growing of crops, the 

raising of animals, or both, would 

remain within the ‘‘farm’’ definition 

(and, thus, not be subject to the FD&C 

Act section 415 registration regulations) 

even if it packs and holds raw 

agricultural commodities grown on 

another farm. 

In light of this ongoing rulemaking, 

we are announcing our policy regarding 

food facility registration for farms that 

also pack or hold raw agricultural 

commodities grown on a farm under 

different ownership and that would no 

longer be required to register if the 

proposed amendments to the ‘‘farm’’ 

definition are finalized as proposed. 

Under this policy, as discussed in the 

guidance, FDA does not intend to 

prioritize enforcing the registration 

requirement for such establishments. 

This policy is a less burdensome policy 

consistent with the public health. FDA 

intends to make further updates to this 

guidance once certain FSMA 

rulemakings are final in order to make 

sure questions and answers, key terms, 

and definitions are consistent and 

accurate with regard to the registration 

of food facility requirements. 

The guidance represents our current 

thinking on this topic. It does not create 

or confer any rights for or on any person 

and does not operate to bind FDA or the 

public. An alternative approach may be 

used if such approach satisfies the 

requirements of the applicable statutes 

and regulations. 

II. Paperwork Reduction Act of 1995 

This guidance refers to previously 

approved collections of information 

found in FDA regulations and section 

415 of the FD&C Act. These collections 

of information are subject to review by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3520). The 

collections of information in §§ 1.230 

through 1.235 and section 415 of the 

FD&C Act have been approved under 

OMB control number 0910–0502. 

III. Comments 

Interested persons may submit either 

electronic comments regarding this 

guidance to http://www.regulations.gov 

or written comments to the Division of 

Dockets Management (see ADDRESSES). It 

is only necessary to send one set of 

comments. Identify comments with the 

docket number found in brackets in the 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
68812 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Proposed Rules 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday, and 

will be posted to the docket at http://

www.regulations.gov. 

IV. Electronic Access 

Persons with access to the Internet 

may obtain the document at either 

http://www.fda.gov/Regulatory

Information/Guidances/default.htm or 

http://www.regulations.gov. Always 

access an FDA guidance document by 

using FDA’s Web site listed in the 

previous sentence to find the most 

current version of the guidance. 

Dated: November 13, 2014. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2014–27290 Filed 11–18–14; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2014–OII–0019; CFDA 

Number: 84.282A] 

Proposed Priorities, Requirements, 

Definitions, and Selection Criteria— 

Charter Schools Program Grants to 

State Educational Agencies 

AGENCY: Office of Innovation and 

Improvement, Department of Education. 

ACTION: Proposed priorities, 

requirements, definitions, and selection 

criteria. 

SUMMARY: The Assistant Deputy 

Secretary for Innovation and 

Improvement proposes priorities, 

requirements, definitions, and selection 

criteria under the Charter Schools 

Program (CSP) Grants to State 

educational agencies (SEAs). The 

Assistant Deputy Secretary may use one 

or more of these priorities, 

requirements, definitions, and selection 

criteria for competitions in fiscal year 

(FY) 2015 and later years. We take this 

action in order to support the 

development of high-quality charter 

schools throughout the Nation by 

strengthening several components of 

this program, including grantee 

accountability; accountability and 

oversight for authorized public 

chartering agencies; and support to 

educationally disadvantaged students. 

DATES: We must receive your comments 

on or before January 5, 2015. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments, address them to Stefan 

Huh, U.S. Department of Education, 400 

Maryland Avenue SW., Room 4W230, 

Washington, DC 20202–5970. Privacy 

Note: The Department’s policy is to 

make all comments received from 

members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Bettis, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 4W242, Washington, DC 20202– 

5970. Telephone: (202) 453–6533 or by 

email: charter.schools@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of This Regulatory Action: 

The Assistant Deputy Secretary for 

Innovation and Improvement proposes 

priorities, requirements, definitions, and 

selection criteria for CSP Grants to 

SEAs. The Assistant Deputy Secretary 

may use one or more of these priorities, 

requirements, definitions, and selection 

criteria for competitions in FY 2015 and 

later years. We take this action in order 

to support the development of highquality charter schools throughout the 

Nation by strengthening several 

components of the program, including 

grantee accountability, accountability 

and oversight for authorized public 

chartering agencies, and support to 

educationally disadvantaged students. 

Summary of the Major Provisions of 

This Regulatory Action: As noted above, 

the Assistant Deputy Secretary proposes 

this regulatory action to achieve three 

main goals. 

The first goal is greater accountability 

for SEAs’ use of CSP funds; the 

proposed priorities, requirements, 

definitions, and selection criteria would 

increase the likelihood that CSP funds 

are directed toward the creation of highquality charter schools. Specifically, in 

order to address the proposed selection 

criteria, the SEA would be asked to 

explain how charter schools fit into the 

State’s broader education reform 

strategy. In addition, these proposed 

selection criteria would clarify how the 

SEA should manage and report on 

project performance. Proposed selection 

criteria (a) (‘‘State-Level Strategy’’) and 

(b) (‘‘Policy Context for Charter 

Schools’’) would address the SEA’s 

strategy for incorporating charter 

schools into the State’s broader effort to 

improve student outcomes and how the 

policy context supports this goal. 

Proposed selection criterion (c) (‘‘Past 

Performance’’) would assess the 

performance of charter schools in the 

applicant’s State over the past five 

years. Proposed selection criterion (e) 

(‘‘Vision for Growth and 

Accountability’’) would address the 

SEA’s vision for measuring and 

reporting on charter school 

performance, cultivating the growth of 

new high-quality charter schools, and 

promoting rigorous accountability for 

charter school performance. Proposed 

selection criterion (f) (‘‘Dissemination of 

Information and Best Practices’’) would 

help ensure that the SEA has a plan for 

disseminating information about charter 

schools and best practices in successful 

charter schools. Proposed selection 

criterion (h) (‘‘Management Plan and 

Theory of Action’’) and the proposed 

logic model application requirement 

would require the SEA to provide a 

logic model that describes how its CSP 

funds would be linked to the 

achievement of specific measurable 

outcomes and performance measures 

that allow the SEA to track and evaluate 

its project’s performance. Proposed 

selection criterion (i) (‘‘Project Design’’) 

would solicit information on the 

mechanics of the charter school 

subgrant program the SEA plans to 

implement with CSP funds. In addition 

to the selection criteria discussed above, 

proposed priority 4 (‘‘SEAs That Have 

Never Received A CSP Grant’’) would 

promote the first goal of greater 

accountability by supporting the growth 

of high-quality charter school sectors in 

States that have not received CSP 

funding in the past, thereby creating 

new systems of supports and increasing 

the funding available for high-quality 

charter schools in new regions. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS