Petition for Waiver of Compliance, 64181-64182 [2019-25138]
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
United States duty-free. The President
denied a petition for a CNL waiver for
stearic acid (HTS 3823.11.00) from
Indonesia. Therefore, the product is
subject to the NTR duty rate.
As described in List V, the President
granted one-year de minimis waivers to
27 products that exceeded the 50percent import-share CNL but for which
the aggregate value of all U.S. imports
of that article was below the 2018 de
minimis level of $24 million. Qualifying
products will continue to enter the
United States duty-free.
Erland Herfindahl,
Deputy Assistant U.S. Trade Representative
for the Generalized System of Preferences,
Office of the United States Trade
Representative.
[FR Doc. 2019–25095 Filed 11–19–19; 8:45 am]
BILLING CODE 3290–F0–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 2019–0640]
Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Air Taxi and
Commercial Operator Airport Activity
Survey
Federal Aviation
Administration (FAA), Department of
Transportation.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The collection involves
requesting that small on-demand
operators voluntarily provide the
number of revenue passengers that
boarded their aircraft at each airport
annually. This information is used in
determining an airport’s category and
eligibility for federal funding on an
annual basis. It is not available through
any other federal data source. The 60day FRN was published on August 16,
2019.
DATES: Written comments should be
submitted by December 20, 2019.
ADDRESSES: Please send written
comments:
By electronic docket:
www.regulations.gov (2019–0640).
By mail: Luis Loarte, FAA, 800
Independence Avenue SW, Washington,
DC 20591.
SUMMARY:
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17:21 Nov 19, 2019
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By fax: 202–267–5257.
Luis
Loarte by email at: Luis.Loarte@faa.gov;
phone: 202–267–9622.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0067.
Title: Air Taxi and Commercial
Operator Airport Activity Survey.
Form Numbers: FAA Form 1800–31.
Type of Review: Clearance of a
renewal of an information collection.
Background: The data collected
through this survey is the only source of
data for charter and nonscheduled
passenger data by Part 135 operator (air
taxis). The data received on the form
(either paper or signed electronic copy)
is then incorporated into the Air Carrier
Activity Information System which is
used to determine whether an airport is
eligible for Airport Improvement
Program funds and for calculating
primary airport sponsor apportionment
as specified by title 49 United Stated
Code (U.S.C.), section 47114. The data
collected on the form includes
passenger enplanements by carrier and
by airport. Passengers traveling on air
taxis would be overlooked entirely if
this passenger survey were not
conducted. As a result, many airports
would not receive their fair share of
funds since there is currently no other
source for this type of charter activity.
On average, approximately 100
operators respond each year, reporting a
total 1.1 million passengers. This data is
important to those airports that struggle
to meet the 2,500 and 10,000 passenger
levels and could not do so without the
reporting of the charter passengers. The
60-day FRN was published on August
16, 2019 under FRN document citation
number 2019–0640.
Respondents: The voluntary survey is
sent through the U.S. Postal Service to
approximately 190 small on-demand
operators (certificated under Federal
Aviation Regulation Part 135) that have
reported activity in the last three years.
The form is also available on the FAA
website. Beginning with the calendar
year 2019 data, operators will be able to
FOR FURTHER INFORMATION CONTACT:
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64181
access the form, electronically sign and
submit it to the FAA.
Frequency: Annually.
Estimated Average Burden per
Response: 1.5 hours per respondent.
Estimated Total Annual Burden: On
average, approximately 100 respondents
submit an annual response. The
cumulative total annual burden is
estimated to be 150 hours.
Issued in Washington, DC, on November
14, 2019.
Luis Loarte,
Senior Airport Planner, Office of Airports/
Airport Planning and Environmental
Division.
[FR Doc. 2019–25087 Filed 11–19–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2016–0086]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on October 3, 2019, CSX
Transportation (CSX) petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
232, Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment, and 49 CFR part 229,
Railroad Locomotive Safety Standards.
FRA assigned the petition Docket
Number FRA–2016–0086.
Specifically, CSX seeks relief with
respect to the application of 49 CFR
232.205(c)(1)(iii), Leakage test, and
§ 229.29(b), Air brake system
calibration, maintenance, and testing,
for the calibration of locomotive air flow
method (AFM) indicators. CSX requests
to become a full test member of the
existing FRA–2016–0086 test waiver
(joining BNSF Railway), under the same
conditions as BNSF, for testing 1,264 of
CSX’s New York Air Brake (NYAB) CCB
II equipped locomotives (see FRA–
2016–0086–0006) to investigate whether
the interval for calibration may be safely
extended to 184 days. CSX also requests
to form a test team operating under the
current FRA–2016–0086 test committee
to test all 440 CSX Wabtec Fastbrakeequipped locomotives. CSX has been an
active member of the FRA–2016–0086
test committee since its inception and is
familiar with the work performed to
date by this committee. On August 29,
2019, the test committee extended a
consensus recommendation for CSX to
join the waiver as a testing member to
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
help assess Wabtec’s Fastbrake systems,
and to expand the scope of NYAB CCB
II locomotives being evaluated under
the waiver.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Ave. SE, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
Communications received by
December 20, 2019 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable. Anyone
can search the electronic form of any
written communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
VerDate Sep<11>2014
17:21 Nov 19, 2019
Jkt 250001
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2019–25138 Filed 11–19–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF VETERANS
AFFAIRS
Summary of a Precedent Opinion of
the General Counsel
Department of Veterans Affairs.
Notice.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is publishing a summary of
a legal interpretation issued by the
Office of the General Counsel (OGC)
involving crediting certain veterans for
their payment of the statutory funding
fee. This interpretation is considered
precedential by VA and will be followed
by VA officials and employees in
matters involving the same legal issues.
This summary is published to provide
the public with notice of VA’s
interpretations regarding the legal
matters at issue.
FOR FURTHER INFORMATION CONTACT: Ms.
Suzanne Hill, Law Librarian,
Department of Veterans Affairs, Office
of the General Counsel, 810 Vermont
Avenue NW, Washington, DC 20420,
(202) 461–7624.
SUPPLEMENTARY INFORMATION: A VA
regulation at 38 Code of Federal
Regulation 2.6(e)(8) delegates to the VA
General Counsel, the power to designate
an opinion as precedential, and 38 CFR
14.507(b) specifies that precedential
opinions are binding on VA officials
and employees in subsequent matters
involving the legal issue decided in the
precedent opinion. The interpretation of
the General Counsel on legal matters
contained in such opinions is
conclusive as to all VA officials and
employees not only in the matter at
issue but also in subsequent matters
unless there has been a material change
in a controlling statute or regulation or
a superseding written legal opinion of
the General Counsel or a judicial
decision. 38 CFR 14.507(b). VA
publishes summaries of such opinions
in order to provide the public with
notice of those interpretations of the
SUMMARY:
PO 00000
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Fmt 4703
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General Counsel that must be followed
in future matters. The full text of such
opinions, with personal identifiers
deleted, may be obtained by contacting
the VA official named above or by
accessing the opinions on the internet
at: https://www.va.gov/ogc/precedent
opinions.asp.
VAOPGCPREC 2–2019
Questions Presented
1. Does VA have legal authority to
issue a refund of a funding fee collected
under 38 United States Code 3729 when
the requirements for waiver of the fee
under section 3729(c) are met?
2. If yes, to whom and under what
circumstances?
3. Is a refund determination subject to
the Veterans Appeals Improvement and
Modernization Act of 2017 (AMA)?
Held
1. Yes. If VA determines that veterans
impermissibly incurred funding fees
due to overt error, systems limitations,
or process limitations, VA should
promptly credit such veterans for the
fees they incurred. Additionally, VA
must refund a funding fee if a later-intime award of disability compensation
is effective as of a date that is on or
before the date the funding fee was
collected.
2. We believe a claim for remittance
of a funding fee that was improperly
assessed or that may now be refunded
due to an intervening retroactive award
of service-connected benefits is similar
to the types of claims that the U.S. Court
of Appeals for Veterans Claims has
found not to be claims for benefits.
Since a claim for a refund is not a claim
for benefits, VA should promulgate
rules clarifying VA’s policy and
procedures for processing claims for
refunds. VA should continue to issue
refunds whenever VA determines on its
own, or if a veteran provides
documentation, that a refund is due.
3. The three-lane review scheme of
the AMA applies to claims for
‘‘benefits’’; VA is not required to make
all three AMA review options available
with respect to determinations not
involving benefit claims. VA could
choose to make higher-level review
processes for supplemental claims or
make similar processes available for
decisions concerning requests for refund
of the funding fee.
Effective Date: June 25, 2019.
Richard J. Hipolit,
Principal Deputy General Counsel
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[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64181-64182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25138]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2016-0086]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on October 3, 2019, CSX
Transportation (CSX) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 232, Brake System
Safety Standards for Freight and Other Non-Passenger Trains and
Equipment, and 49 CFR part 229, Railroad Locomotive Safety Standards.
FRA assigned the petition Docket Number FRA-2016-0086.
Specifically, CSX seeks relief with respect to the application of
49 CFR 232.205(c)(1)(iii), Leakage test, and Sec. 229.29(b), Air brake
system calibration, maintenance, and testing, for the calibration of
locomotive air flow method (AFM) indicators. CSX requests to become a
full test member of the existing FRA-2016-0086 test waiver (joining
BNSF Railway), under the same conditions as BNSF, for testing 1,264 of
CSX's New York Air Brake (NYAB) CCB II equipped locomotives (see FRA-
2016-0086-0006) to investigate whether the interval for calibration may
be safely extended to 184 days. CSX also requests to form a test team
operating under the current FRA-2016-0086 test committee to test all
440 CSX Wabtec Fastbrake-equipped locomotives. CSX has been an active
member of the FRA-2016-0086 test committee since its inception and is
familiar with the work performed to date by this committee. On August
29, 2019, the test committee extended a consensus recommendation for
CSX to join the waiver as a testing member to
[[Page 64182]]
help assess Wabtec's Fastbrake systems, and to expand the scope of NYAB
CCB II locomotives being evaluated under the waiver.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
Website: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by December 20, 2019 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its processes. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2019-25138 Filed 11-19-19; 8:45 am]
BILLING CODE 4910-06-P
