[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Page 63130]
[FR Doc No: 2014-25033]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0710]

Guidance for Industry on Circumstances That Constitute Delaying,
Denying, Limiting, or Refusing a Drug Inspection; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Circumstances that
Constitute Delaying, Denying, Limiting, or Refusing a Drug
Inspection.'' The Food and Drug Administration Safety and Innovation
Act (FDASIA) added a provision to the Food, Drug, and Cosmetic Act (the
FD&C Act) concerning inspections that makes a drug adulterated. This
guidance defines the types of actions, inaction, and circumstances that
FDA considers to constitute delaying, denying, or limiting inspection,
or refusing to permit entry or inspection for the purposes of making a
drug adulterated.

DATES: Submit either electronic or written comments on Agency guidance
at any time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Office of Policy and Risk Management, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., rm. 4138,
Rockville, MD 20857. Send one self-addressed adhesive label to assist
that office in processing your requests. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.
    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.

FOR FURTHER INFORMATION CONTACT: Emily M. Leongini, Office of Policy
and Risk Management, Office of Regulatory Affairs, Food and Drug
Administration, 10902 New Hampshire Ave., Bldg. 32, rm. 4339, Silver
Spring, MD 20903,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Circumstances that Constitute Delaying, Denying, Limiting,
or Refusing a Drug Inspection.'' On July 9, 2012, FDASIA (Pub. L. 112-
144) was signed into law. Section 707 of FDASIA adds 501(j) to the FD&C
Act to make a drug adulterated that ``has been manufactured, processed,
packed, or held in any factory, warehouse, or establishment and the
owner, operator, or agent of such factory, warehouse, or establishment
delays, denies, or limits an inspection, or refuses to permit entry or
inspection.'' As required by Section 707, FDA is issuing this guidance
to define the types of action, inaction, and circumstances that FDA
considers to constitute delaying, denying, or limiting inspection, or
refusing to permit entry or inspection for the purposes of Section
501(j) of the FD&C Act.
    In July 2013, FDA issued a draft guidance for industry of the same
title (78 FR 42387, July 15, 2013). In response to docket comments, we
revised the guidance to clarify FDA's expectations regarding the types
of action, inaction, and circumstances that make a drug adulterated
under 501(j) of the FD&C Act. Among other things, we added examples
that may constitute reasonable explanations for actions, inactions, or
circumstances that could otherwise be considered delaying, denying, or
limiting inspection, or refusing to permit entry or inspection.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
Agency's current thinking on ``Circumstances that Constitute Delaying,
Denying, Limiting, or Refusing a Drug Inspection.'' 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. Comments

    Interested persons may submit either electronic comments regarding
this document 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 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.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/RegulatoryInformation/Guidances/ucm122044.htm
or http://www.regulations.gov.

    Dated: October 15, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-25033 Filed 10-21-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 4965-4968]
[FR Doc No: 2020-01416]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF19-4-000]

Venture Global Delta LNG, LLC and Venture Global Delta Express,
LLC; Supplemental Notice of Intent for the Planned Delta LNG and Delta
Express Pipeline Project Request for Comments on Environmental Issues
Related to Project Modifications Under Consideration

    As previously noticed on July 30 and October 16, 2019, and
supplemented herein, the staff of the Federal Energy Regulatory
Commission (FERC or

Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Delta LNG and Delta
Express Pipeline Project (Project) involving construction and operation
of facilities by Venture Global Delta LNG, LLC and Venture Global Delta
Express, LLC (collectively referred to as Delta LNG) in Richland,
Franklin, Catahoula, Concordia, Avoyelles, St. Landry, Pointe Coupee,
West Baton Rouge, Iberville, Ascension, Assumption, Lafourche,
Jefferson, and Plaquemines Parishes, Louisiana.
    With this Supplemental Notice of Intent (Notice) we \1\ are
specifically seeking comments on modifications to the Delta Express
Pipeline proposed by Delta LNG on January 10, 2020. Delta LNG
incorporated the modifications based on comments from regulatory
agencies and landowners, and detailed environmental and
constructability considerations. The Commission is issuing this Notice
to provide previously and newly identified landowners and other
stakeholders an opportunity to comment on the Project modifications.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
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    This Notice is being sent to the Commission's current environmental
mailing list for this Project, including newly affected landowners.
State and local government representatives should notify their
constituents of this planned Project and encourage them to comment on
their areas of concern.
    If you are a newly affected landowner receiving this Notice, a
Delta LNG representative may have already contacted you or may contact
you soon about the acquisition of an easement to construct, operate,
and maintain the planned facilities. The company would seek to
negotiate a mutually acceptable agreement. However, if the Commission
approves the Project, that approval conveys with it the right of
eminent domain. Therefore, if the easement negotiations fail to produce
an agreement, the company could initiate condemnation proceedings in
accordance with applicable law.
    The FERC is the lead federal agency responsible for conducting the
environmental review of the Project. As mentioned above, the
Commission's staff is preparing an EIS that discusses the environmental
impacts of the Project. The EIS will be used to inform the Commission
as it determines whether to approve the Project.
    This Notice announces the opening of an additional scoping period
the Commission will use to gather input from landowners potentially
affected by the Project. Comments may be submitted in writing as
described in the public participation section of this Notice. Please
note that comments on this Notice should be filed with the Commission
by February 20, 2020. If you sent comments on this Project prior to the
opening of this additional comment period, you do not need to refile
your comments. We have received your comments and will use the
information in the preparation of the EIS.
    Information in this Notice was prepared to notify previously and
newly affected landowners of the Project modifications, inform them
about the Commission's environmental review process, and instruct them
on how to submit comments.
    To help potentially affected landowners better understand the
Commission and its environmental review process, the ``For Citizens''
section of the FERC website (www.ferc.gov) provides information about
getting involved in FERC jurisdictional projects. A citizens' guide
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need to Know?'' is also available in this section of the Commission's
website. This guide addresses a number of frequently asked questions,
including the use of eminent domain and how to participate in the
Commission's proceedings.

Summary of the Proposed Project Changes

    The Project would involve the construction of a liquefied natural
gas (LNG) export terminal in Plaquemines Parish, Louisiana and the
approximately 285-mile-long Delta Express Pipeline located within 14
parishes in Louisiana. Domestically sourced natural gas would be
transported by the Delta Express Pipeline to the Delta LNG terminal,
which would produce, store, and deliver up to 24 million tons per annum
of LNG to LNG carriers for export overseas.
    Delta LNG previously proposed to construct two parallel 42-inch-
diameter pipelines within a single right-of-way and four natural gas-
fired compressor stations. Delta LNG no longer proposes to construct
the Monterey Compressor Station at milepost (MP) 70.3 in Concordia
Parish; the Fordoche Compressor Station at MP 137.9 in Pointe Coupee
Parish; or the Belle Rose Compressor Station at MP 200.8 in Assumption
Parish.
    No modifications of the terminal are proposed. Delta LNG has
reduced the facilities associated with the Delta Express Pipeline and
now proposes to construct:
     A single 48-inch-diameter pipeline along the previously
proposed route; and
     two natural gas-fired compressor stations.
    The two compressor stations would consist of the previously planned
Alto Compressor Station at MP 0.0 in Richland Parish and the newly
proposed Melville Compressor Station at MP 131.2 in Pointe Coupee
Parish.
    A map depicting the location of the newly proposed Melville
Compressor Station is included in appendix 1.\2\
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    \2\ The appendices referenced in this Notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this Notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>.
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    Delta LNG is not proposing any modifications to the planned route
of the Delta Express Pipeline.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files, which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must

first create an account by clicking on ``eRegister.'' You will be asked
to select the type of filing you are making; a comment on a particular
project is considered a ``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(PF19-4-000) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 2.

The EIS Process

    The EIS will discuss impacts that could occur as a result of the
construction and operation of the planned Project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation, fisheries, and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate possible alternatives to the
planned Project or portions of the Project and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, Commission staff
have initiated a NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the Commission receives an application. As part of the pre-filing
review, Commission staff have contacted federal and state agencies to
discuss their involvement in the scoping process and the preparation of
the EIS.
    The EIS will present Commission staffs' independent analysis of the
issues. The draft EIS will be available in electronic format in the
public record through eLibrary \3\ and the Commission's website
(https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed,
you will receive instant email notification when the draft EIS is
issued. The draft EIS will be issued for an allotted public comment
period. After the comment period on the draft EIS, Commission staff
will consider all timely comments and revise the document, as
necessary, before issuing a final EIS. To ensure Commission staff have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 3.
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    \3\ For instructions on connecting to eLibrary, refer to the
last page of this Notice.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this Notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the Project's potential
effects on historic properties.\4\ The EIS for this Project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
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    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Currently Identified Environmental Issues

    Commission staff have already identified several issues that
deserve attention based on a preliminary review of the planned
facilities and the environmental information provided by Delta LNG.
This preliminary list of issues may change based on your comments and
our analysis:
     Impacts on wetlands including coastal marsh and forested
wetlands;
     cumulative impacts on air quality, noise, wetlands,
socioeconomics, and other resources associated with construction and
operation of the planned Delta LNG export terminal and the nearby
Plaquemines LNG export terminal and other large projects at various
stages of planning and construction in the region;
     LNG terminal site alternatives;
     Delta Express Pipeline route alternatives;
     Environmental Justice impacts; and
     alternative construction methods and workspace
configurations that would avoid or reduce impacts.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for Project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned Project.
    A Notice of Availability of the draft EIS will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 3).

Becoming an Intervenor

    Once Delta LNG files its application with the Commission, you may
want to become an ``intervenor,'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the Project, after which the Commission will
issue a public notice that establishes an intervention deadline.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,

PF19-4). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits, if any are planned, will be posted
on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: January 22, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-01416 Filed 1-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48671-48672]
[FR Doc No: 2021-18734]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX21-4-000]

City and County of San Francisco; Notice of Filing

    Take notice that on August 20, 2021, pursuant to section 210 and
211 of the Federal Power Act,\1\ the City and County of San Francisco
(JVR) filed an application requesting that the Federal Energy
Regulatory Commission (Commission) issue an order requiring Pacific Gas
and Electric Company to provide interconnection and transmission
services for existing loads as of January 1, 2022.
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    \1\ 16 U.S.C. 825i, 824j, (2018).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to

the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on September 10, 2021.

    Dated: August 25, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18734 Filed 8-30-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]
[Page 65539-65541]
[DOCID:fr25oc10-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63129; File No. SR-NYSEArca-2010-91]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to
Amendment to NYSE Arca Equities Rule 8.500 To Accommodate Trading of
Trust Units

October 19, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 12, 2010, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule 8.500
(``Trust Units'') to provide that the issuers of Trust Units listed or
traded pursuant to unlisted trading privileges (``UTP'') may invest
directly in investments comprising or otherwise based on any
combination of futures contracts, options on futures contracts, forward
contracts, swap contracts, commodities and/or securities rather than
solely in the assets of a trust, partnership, limited liability
company, corporation or other similar entity constituted as a commodity
pool that holds such investments. The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and at the Exchange's Web site at http://www.nyse.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Equities Rule 8.500 permits listing or trading pursuant
to UTP of Trust Units, which are defined as securities that are issued
by a trust or other similar entity that invests in the assets of a
trust, partnership, limited liability company, corporation or other
similar entity constituted as a commodity pool that holds investments
comprising or otherwise based on any combination of futures contracts,
options on futures contracts, forward contracts, swap contracts,
commodities and/or securities.\4\ NYSE Arca Equities Rule 8.500 was
adopted in contemplation of the trading pursuant to UTP of shares of
the Nuveen Commodities Income and Growth Fund (``Fund''), sponsored by
Nuveen Investments, Inc. (``Nuveen''). The Exchange proposes to amend
NYSE Arca Equities Rule 8.500(b)(2) to provide that the issuers of
Trust Units listed or traded pursuant to UTP may invest directly in
investments comprising or otherwise based on any combination of futures
contracts, options on futures contracts, forward contracts, swap
contracts, commodities and/or securities rather than solely in the
assets of a trust, partnership, limited liability company, corporation
or other similar entity constituted as a commodity pool that holds such
investments.
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    \4\ See Securities Exchange Act Release No. 57059 (December 28,
2007), 73 FR 909 (January 4, 2008) (SR-NYSEArca-2006-76) (notice of
filing and order granting accelerated approval of proposed rule
change relating to trading shares of the Nuveen Commodities Income
and Growth Fund pursuant to UTP).
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    The American Stock Exchange LLC (``Amex'') (now known as NYSE Amex
LLC (``NYSE Amex'')) initially had proposed to list the Fund and
adopted Amex Rules 1600 et seq. in contemplation of such listing.\5\
The Fund did not commence listing on Amex in the form described in the
Initial Amex Notice. Nuveen subsequently proposed to go forward with a
listing of shares (the ``Shares'') of the Fund on NYSE Amex under a new
name, the Nuveen Diversified Commodity Fund. The Fund proposed to
utilize a modified investment plan, which was described in detail in
the NYSE Amex proposed rule change filed in connection with listing the
Fund.\6\ As described in the NYSE Amex Notice, the Fund determined not
to utilize the master/feeder structure described in the Initial Amex
Notice due to a change in the interpretation of applicable tax law by
the Internal Revenue Service. Instead, the Fund would make its own
direct investments. Consequently, NYSE Amex proposed to amend the
definition of Trust Units in NYSE Amex Rule 1600 to remove the master/
feeder structure requirement and permit the listing of Trust Units
where the issuer is constituted as a commodity pool which invests
directly in commodities and commodity derivatives. The Commission
approved listing of the Fund on NYSE Amex, and trading of the Fund on
NYSE Amex commenced on September 28. 2010.\7\
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    \5\ See Securities Exchange Act Release No. 56880 (December 3,
2007), 72 FR 69259 (December 7, 2007) (SR-Amex-2006-96) (order
approving proposed rule change relating to listing and trading of
Trust Units of the Nuveen Commodities Income and Growth Fund). The
investment plan of the Fund was described in detail in the Amex's
Form 19b-4 and in the notice published for SR-Amex-2006-96. See
Securities Exchange Act Release No. 56465 (September 19, 2007), 72
FR 54489 (September 25, 2007) (``Initial Amex Notice'').
    \6\ See Securities Exchange Act Release No. 61571 (February 23,
2010) 75 FR 9265 (March 1, 2010) (SR-NYSE-Amex-2010-09) (notice of
filing of proposed rule change amending NYSE Amex Trust Unit Rules
and proposing the listing of the Nuveen Diversified Commodity Fund)
(``NYSE Amex Notice'').
    \7\ The Commission approved the proposed rule change in
Securities Exchange Act Release No. 61807 (March 31, 2010), 75 FR
17818 (April 7, 2010) (SR-NYSE-Amex-2010-09) (order approving
proposed rule change amending NYSE Amex Trust Unit rules and
proposing the listing of the Nuveen Diversified Commodity Fund)
(``NYSE Amex Approval Order'').
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    In order to accommodate trading of Shares of the Fund on the
Exchange pursuant to UTP, the Exchange proposes to amend NYSE Arca
Equities Rule 8.500(b)(2) to define the term ``Trust Units'' as a
security that is issued by a trust or similar entity constituted as a
commodity pool that holds investments comprising or otherwise based on
any combination of futures contracts, options on futures contracts,
forward contracts, swap contracts, commodities and/or securities. The
proposed rule change is substantially identical to that approved for
NYSE Amex in the NYSE Amex Approval Order, except that proposed NYSE
Arca Equities Rule 8.500(b)(2) continues to include the words ``and/or
securities'', which are not included in NYSE Amex Rule 1600. The
Exchange represents that all representations regarding the Fund listed
and traded on NYSE Amex, as described in the NYSE Amex Notice and NYSE
Amex Approval Order, continue to apply.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Act, in general, and furthers the objectives of Section 6(b)(5),\9\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will facilitate the trading pursuant to UTP of an
additional type of exchange-traded product that will enhance
competition among market participants, to the benefit of investors and
the marketplace.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not

necessary or appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the Exchange can trade, on a UTP
basis, shares of the Fund immediately. The Exchange believes that the
immediate trading of shares of the Fund will promote competition among
exchange markets trading such shares. The Commission believes that
waiving the 30-day operative delay to permit the Exchange to trade, on
a UTP basis, shares of the Fund without delay is consistent with the
protection of investors and the public interest.\14\ The Commission
notes that the proposed amendments to NYSE Arca Equities Rule 8.500 are
similar to amendments to NYSE Amex Rule 1600, previously approved by
the Commission \15\ and therefore do not raise any new regulatory
issues. For these reasons, the Commission designates the proposed rule
change as operative upon filing.\16\
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \15\ See Securities Exchange Act Release No. 61807 (March 31,
2010), 75 FR 17818 (April 7, 2010) (SR-NYSE-Amex-2010-09).
    \16\ The Commission notes that this proposed rule change only
permits trading of products under the proposed modifications to
Exchange Rule 8.500 on and after the effective date of this filing
and does not relate to any trading under such proposed rules prior
to such date.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSEArca-2010-91 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-NYSEArca-2010-91. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE Arca.\17\ All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-NYSEArca-2010-91 and should be
submitted on or before November 15, 2010.
---------------------------------------------------------------------------

    \17\ The text of the proposed rule change is available on the
Commission's Web site at www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26806 Filed 10-22-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36049-36051]
[FR Doc No: 2014-14846]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-97-000]

Carolina Gas Transmission Corporation; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Edgemoor
Compressor Station Project and Request for Comments on Environmental
Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Edgemoor Compressor Station
Project involving construction and operation of facilities by Carolina
Gas Transmission Corporation (Carolina Gas) in Chester County, South
Carolina. The Commission will use this EA in its decision-making
process to determine whether the project is in the public convenience
and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on July 17, 2014.
    You may submit comments in written form. Further details on how to
submit written comments are in the Public Participation section of this
notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Carolina Gas provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Carolina Gas proposes to construct and operate a new compressor
station in Chester County, South Carolina. The Edgemoor Compressor
Station Project would provide an additional 45,000 dekatherms per day
of firm transportation and increase the maximum allowable operating
pressure of Carolina Gas' existing Line 2 from 857 pounds per square
inch (psig) to 975 psig. According to Carolina Gas, the project would
improve the efficiency, flexibility, and reliability of Carolina Gas'
current system as well as provide additional natural gas supplies to
meet increased capacity demands.
    Specifically, the Edgemoor Compressor Station Project consists of
the following facilities:
     Construction of one new compressor station consisting of
four natural gas fired compressor units totaling 9,500 horsepower;
     construction of the Cone Mills Lateral Extension which
consists of approximately 1,300 feet of 8-inch-diameter pipeline; and
     construction and modifications of various ancillary
facilities.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction of the proposed facilities would disturb about 15.7
acres of land for the aboveground facilities and the pipeline.
Following construction, Carolina Gas would maintain about 5.6 acres for
permanent operation of the project's facilities; the remaining acreage
would be restored and revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and

Necessity. NEPA also requires us \2\ to discover and address concerns
the public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. We will consider all filed comments during
the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Land use;
     geology and soils;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section beginning on page 4.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under Section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by Carolina Gas; specifically,
air quality and noise, vegetation and wildlife, alternatives, and
public safety. This preliminary list of issues may be changed based on
your comments and our analysis.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before July
17, 2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP14-97-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP14-
97). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: June 17, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-14846 Filed 6-24-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Page 38595]
[FR Doc No: 2016-13987]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0472]

Drawbridge Operation Regulation; Middle River, Between Bacon
Island and Lower Jones Tract, California

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the San Joaquin County (Bacon Island
Road) highway bridge across Middle River, mile 8.6, at between Bacon
Island and Lower Jones Tract, California. The deviation is necessary to
allow the bridge owner to make emergency mechanical and electrical
repairs. This deviation allows the bridge to be secured in the closed-
to-navigation position during the deviation period.

DATES: This deviation is effective without actual notice from June 14,
2016 until 11:59 p.m. on July 1, 2016. For the purposes of enforcement,
actual notice will be used from June 8, 2016, until June 14, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0472], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: San Joaquin County Department of Public
Works has requested a temporary change to the operation of the San
Joaquin County (Bacon Island Road) highway drawbridge, mile 8.6, over
Middle River, between Bacon Island and Lower Jones Tract, California.
The drawbridge navigation span provides approximately 8 feet vertical
clearance above Mean High Water in the closed-to-navigation position.
The draw operates as required by 33 CFR 117.171(a). Navigation on the
waterway is commercial and recreational.
    The drawspan operating machinery failed unexpectedly on May 28,
2016 and the drawspan will remain secured in the closed-to-navigation
position until 11:59 p.m. on July 1, 2016, to allow the bridge owner to
make emergency repairs. This temporary deviation has been coordinated
with the waterway users. No objections to the proposed temporary
deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will not be able to open for emergencies.
Old River can be used as an alternate route for vessels unable to pass
through the bridge in the closed position. The Coast Guard has also
informed waterway users through our Local and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessel operators can arrange their transits to minimize any impact
caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: June 8, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2016-13987 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69551-69553]
[FR Doc No: 2014-27586]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0109; Notice 1]

RECARO Child Safety, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of Petition.

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SUMMARY: RECARO Child Safety, LLC (RECARO) has determined that certain
RECARO child restraints do not fully comply with paragraph S5.1.1(a) of
Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child
Restraints. RECARO has filed an appropriate report and was received by
NHTSA on July 30, 2014, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is December 22,
2014.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. RECARO's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), RECARO submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
    This notice of receipt of RECARO's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Child Restraints Involved: Affected are approximately 78,339
RECARO ProRide child restraints manufactured between April 9, 2010 and
July 8, 2014 and approximately 42,303 RECARO Performance RIDE child
restraints manufactured between January 15, 2013 and July 8, 2014.
    III. Noncompliance: RECARO explains that the noncompliance is that
the subject child restraints do not comply with the system integrity
requirements of FMVSS No. 213 paragraph S5.1.1(a) when subjected to the
dynamic test requirements of FMVSS No. 213 S6.1. During NHTSA's
compliance tests with the Hybrid II Six Year Old Dummy and the Hybrid
III Weighted Six Year Old Dummy configured to the child restraints with
the internal harness and the child restraints attached to the test
bench with a lap belt and top tether, the tether belt separated at the
attachment point to the child restraints. The top tether belt
separation exhibited a complete separation of a load bearing structural
element and therefore does not comply with the requirements set forth
in FMVSS No. 213 S5.1.1(a).
    IV. Rule Text: Paragraph S5.1.1(a) of FMVSS No. 213 requires in
pertinent part:

    S5.1.1 Child Restraint System Integrity. When tested in
accordance with S6.1 each child restraint system shall meet the
requirements of paragraphs (a) through (c) of this section.
    (a) Exhibit no complete separation of any load bearing
structural element and no partial separation exposing either
surfaces with a radius of less than 1/4 inch or surfaces with
protrusions greater than 3/8 inch above the immediate adjacent
surrounding contactable surface of any structural element of the
system.

    V. Summary of RECARO's Analyses: RECARO stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:

    (A) FMVSS Safety: RECARO believes that NHTSA's test procedure is
in direct violation of the instructions and warnings included with
each ProRIDE and Performance RIDE child restraint and would
constitute a misuse of the child restraint by the consumer, as seen
on page 36 of the ProRIDE/Performance RIDE instruction manuals.
RECARO designed and tested the ProRIDE/Performance RIDE child
restraints to meet FMVSS No. 213 requirements when tested according
to the instruction manuals, which was developed from decades of
research and experience in the automotive industry. Installation in
accordance with the ProRIDE/Performance RIDE instruction manuals
decreases the likelihood of top tether anchor failure from the
vehicle. RECARO has limited lower anchor and top tether use for the
ProRIDE/Performance RIDE since the inception of the RIDE platform,
and recently lowered the LATCH (lower anchors and top tether
attachment) limit to 45 pounds from the previously stated 52 pounds
to meet current FMVSS No. 213 requirements. RECARO also made mention
that NHTSA noted in its 2012 FMVSS No. 213 Final Rule response,
limitations were added to the lower anchors to ``prevent lower LATCH
anchor loads from exceeding their required strength level specified
in FMVSS No. 225.'' RECARO states that they used this same rationale
when they developed the RIDE platform in 2010 and concluded that a
load limit of 52 pounds would be the safest for consumers.
    (B) Structural Integrity: RECARO stated that technology has
shown repeatedly that collapse, breakage, and crumpling of material
minimizes energy and increases the rate of survival for the occupant
in the event of a collision. They also stated that vehicles are
designed to reduce the rate of acceleration, and more importantly
deceleration, of passengers by crushing and breaking to absorb the
energy. Thus, RECARO believes that child restraint technology has
fallen in-line with vehicle technology in recent years and that
other child restraints have been designated ``compliant'' even
though their convertible shell-to-base connection has been designed
to crack and break during the peak loading in a crash, due to life-
saving decreases in injury criterion values. RECARO further stated
that the top tether webbing has been designed to rip and break apart
under extreme loads to allow the deceleration time to increase for
the occupant in the crash event. Recaro states that if the injury
criterion meets industry standards, then controlled breakage has
proven multiple times to be a positive outcome in the event of a
vehicle crash, as seen in the RIDE platform.
    (C) Publications: RECARO cites the ``2013 LATCH Manual''
published by Safe Ride News Publication which confirms that top
tether anchors in vehicles are becoming limited more frequently in
the weight to which they can be subjected. The manual states that 16
vehicle models limit the use of top tethers to 65 pounds minus the
weight of the child restraint when using the vehicle belt, and 27
vehicle models use the same tether limit rationale when installed
with lower anchors. Recaro indicates that this demonstrates that a
majority of vehicles on the road instruct consumers to use top
tether load limit restrictions that align with RECARO's top tether
load limit of 65 pounds minus the 20 pound weight of the child
restraint equaling a 45 pound load limit. When installing the child
restraint with a top tether and vehicle belt, 26 vehicle models
advise to follow the child restraint manufacturer's instructions and
an additional 3 vehicle models limit the child's weight to 48 pounds
or less.
    RECARO states that none of the examples above disagree with
RECARO's warnings and installation instructions and therefore reduce
consumer confusion when installing their child restraint. RECARO
also states that they

have always supported the alignment of child restraint anchorage
requirements and vehicle anchorage requirements for LATCH, such as
the 2012 Final Rule which amended the testing requirements for lower
anchor use above the combined weight of the child and the child
restraint. RECARO says they would support NHTSA's review of its
current testing requirements for top tether use and the
consideration of either implementing similar load limitations for
the top tether or requirements for the automotive industry to
increase the load to which the tether anchorage can bear.
    RECARO referred to documents published in the public docket for
the 2012 Final Rule amendment of FMVSS No. 213 to limit lower anchor
loads, which by request of NHTSA was performed by ALPHA Technology
Associates. In this document, which was used to justify the
increased risk of ``lower LATCH loads . . . exceeding their required
strength,'' there is a table depicting top tether anchor loads at
the point in which certain makes and models saw a quasi-static
failure. In another study, the Transportation Research Center
conducted similar testing of vehicles and found failure of the top
tether of two models at 606 and 1,281 pounds of force.
    RECARO believes that these documents, which were prepared for
NHTSA, give validation to the reasoning by RECARO to limit the use
of the top tether.
    (D) Previous NHTSA Decisions: RECARO is aware that NHTSA has a
clear precedent of denying child restraint manufacturers' petitions
for inconsequential noncompliance concerning top tether separation.
However, RECARO believes that the environment in which those
decisions were made has changed. Recaro claims that the methodology
it uses to limit top tether loads actually increases safe
installations of child restraints by limiting the pounds of force
applied and decreasing the chance tether anchor load failures.
RECARO also believes that in the event of tether separation the
increase to risk of safety is non-existent because the head
excursion limits were not exceeded in NHTSA's compliance tests.
RECARO indicates that the risk of the subject child restraints
impacting objects in the vehicle is identical to, or better than,
other compliant child restraints because both restraints meet the
same head excursion requirements.
    Recaro noted that in an earlier denial of a petition for
inconsequential noncompliance NHTSA noted that if it granted the
petition it would be contradictory to NHTSA's mission to promote
greater use of LATCH and tether. RECARO believes that this reasoning
is no longer relevant due to the recently implemented limits on the
use of lower anchors, and thus consumers are now more aware of the
limits to the lower anchor and top tether which is consistent with
guidance provided in RECARO's owner's manual.
    (E) RECARO Accident Reports: Recaro states that its accident
reports for the four years that the subject restraints have been on
the market indicate no incidents of separation in the tether
anchorage area. Recaro surmises the reason that tether separation
occurs in testing is due to an outdated test bench seat and testing
apparatus.

    RECARO informed NHTSA that production and distribution of the
subject child restraints affected by the noncompliance have been
corrected effective July 9, 2014.
    In summation, RECARO believes that the described noncompliance of
the subject child restraints is inconsequential to motor vehicle
safety, and that its petition, to exempt RECARO from providing recall
notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120
should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject child restraint that RECARO
no longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve child
restraint distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant child restraint under their
control after RECARO notified them that the subject noncompliance
existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-27586 Filed 11-20-14; 8:45 am]
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Pages 67748-67749]
[FR Doc No: 2023-21647]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0467; FRL-11410-01-OCSPP]

Pesticide Program Dialogue Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Advisory Committee Act, the
Environmental Protection Agency's (EPA's) Office of Pesticide Programs
is announcing a public meeting of the Pesticide Program Dialogue
Committee (PPDC) on November 15 and 16, 2023. The meeting will be held
in person and limited opportunities for virtual participation will be
offered.

DATES: The meeting will be held on Wednesday, November 15 from

approximately 9:30 a.m. to 5:00 p.m. and on Thursday, November 16,
2023, from approximately 9:00 a.m. to 3:00 p.m. Requests to participate
in the meeting must be received on or before November 8, 2023.
    To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

ADDRESSES: The meeting will be held at the U.S. Environmental
Protection Agency Ruckelshaus Conference Center in the East West
William Jefferson Clinton Building at 1201 Constitution Avenue NW,
Washington, DC 20004.
    Please visit https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-ppdc to find a
link to register for the meeting.

FOR FURTHER INFORMATION CONTACT: Jeffrey Chang, telephone number: (202)
566-2213, email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in in
agricultural settings or if you are concerned about implementation of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7
U.S.C. 136 et seq.); the Federal Food, Drug, and Cosmetic Act (FFDCA)
(21 U.S.C. 301 et seq.); the Pesticide Registration Improvement Act
(PRIA) (which amends FIFRA section 33); and the Endangered Species Act
(ESA) (16 U.S.C. 1531 et seq.). Potentially affected entities may
include but are not limited to: Agricultural workers and farmers;
pesticide industry and trade associations; environmental, consumer, and
farm worker groups; pesticide users and growers; animal rights groups;
pest consultants; state, local, and tribal governments; academia;
public health organizations; and the public. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0467, is available online at https://www.regulations.gov. The docket will also be available in-person at the
Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in
the EPA/DC, West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>.
    For further information on EPA/DC services, docket contact
information and the current status of the EPA/DC and Reading Room,
please visit https://www.epa.gov/dockets.

II. Background

    The PPDC is a federal advisory committee chartered under the
Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established the PPDC in September 1995 to provide policy advice,
information and recommendations to the EPA Administrator through the
Director of the Office of Pesticide Programs, Office of Chemical Safety
and Pollution Prevention. The PPDC provides a public forum to discuss a
wide variety of pesticide regulatory developments and reform
initiatives, evolving public policy and program implementation issues
associated with evaluating and risks from the use of pesticides.

III. How can I request to participate in this meeting?

    Please visit https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-ppdc to find a
link to register to attend the meeting in person.
    Requests to make brief oral comments to the PPDC during the meeting
should be submitted to the individual listed under FOR FURTHER
INFORMATION CONTACT on or before noon on the date set in the DATES
section.
    Authority: 5 U.S.C. Appendix 2 et seq. and 7 U.S.C. 136 et seq.

    Dated: September 26, 2023.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2023-21647 Filed 9-29-23; 8:45 am]
BILLING CODE 6560-50-P