[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Rules and Regulations]
[Page 38924-38925]
[DOCID:fr08jy08-17]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2007-0199]
RIN 1625-AA01

Anchorage Regulations; Weymouth Fore River, Weymouth, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard hereby establishes Gull Point (PT) Special
Anchorage area in the Weymouth Fore River, Weymouth, Massachusetts.
This action is necessary to facilitate safe navigation and provide a
safe and secure anchorage for vessels of not more than 65 feet in
length. This action is intended to increase the safety of life and
property in the Weymouth Fore River, improve the safety of anchored
vessels, and provide for the overall safe and efficient flow of vessel
traffic and commerce.

DATES: This rule is effective August 7, 2008.

ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (USCG-2007-0199), and are available for inspection
or copying at room 628, First Coast Guard District Boston, between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Mauro, Commander (dpw),
First Coast Guard District, 408 Atlantic Ave., Boston, MA 02110,
Telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 14, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Anchorage Regulations; Weymouth, Massachusetts,
Weymouth Fore River'' in the Federal Register (73 FR 8635). We received
no letters commenting on the proposed rule. No public hearing was
requested, and none was held.

Background and Purpose

    The rule is intended to reduce the risk of vessel collisions by
decreasing activity in nearby over-crowded mooring areas or anchorages
in Weymouth, Massachusetts. The Coast Guard is designating the special
anchorage area in accordance with 33 U.S.C. 471. Under that statute,
vessels will not be required to sound signals or exhibit anchor lights
or shapes which are otherwise required by rule 30 and 35 of the Inland
Navigation Rules, codified at 33 U.S.C. 2030 and 2035.
    The Coast Guard has defined the anchorage area contained herein
with the advice and consent of the Army Corps of Engineers, Northeast,
located at 696 Virginia Rd., Concord, MA 01742.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
    This finding is based on the fact that this rule conforms to the
changing needs of the Town of Weymouth, the changing needs of
recreational, fishing and commercial vessels, and makes the best use of
the available navigable water. This rule is in the interest of safe
navigation, protection of moored vessels, protection of the Town of
Weymouth and the marine environment.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking.
    If the rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance; please contact John J. Mauro, at
the address listed in ADDRESSES above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 34(f), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A final ``Categorical Exclusion
Determination'' and a final ``Environmental Analysis Check List'' are
available in the docket for inspection or copying where indicated under
ADDRESSES. This rule fits the category selected from paragraph (34)(f)
as it would establish one special anchorage area

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035 and
2071; and Department of Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  110.30, by redesignating paragraph (k) as paragraph
(k)(1) and adding paragraph (k)(2) to read as follows:

Sec.  110.30  Boston Harbor, Mass., and adjacent waters.

* * * * *
    (k) * * *
    (2) Weymouth Fore River, in the vicinity of Gull Point (PT). All of
the waters bound by the following points beginning at latitude
42[deg]15'05'' N, longitude 70[deg]57'26'' W; thence to latitude
42[deg]15'00'' N, longitude 70[deg]57'26'' W; thence to latitude
42[deg]15'15'' N, longitude 70[deg]56'50'' W; thence to latitude
42[deg]15'18'' N, longitude 70[deg]56'50'' W; thence to the point of
the beginning. DATUM: NAD 83.

    Note to paragraph (k)(2): The area is principally for use by
recreational craft. All anchoring in the area shall be under the
supervision of the local harbor master or such other authority as
may be designated by the authorities of the Town of Weymouth,
Massachusetts. All moorings are to be so placed that no moored
vessel will extend beyond the limit of the anchorage area.

* * * * *

    Dated: June 23, 2008.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
 [FR Doc. E8-15312 Filed 7-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Page 13709]
[FR Doc No: 2017-05011]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Domestic and
International Flight Plans

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: 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 a previously approved
information collection. Flight plan information is used to govern the
flight of aircraft for the protection and identification of aircraft
and property and persons on the ground.

DATES: Written comments should be submitted by May 15, 2017.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    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.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0026.
    Title: Domestic and International Flight Plans.
    Form Numbers: FAA Forms 7233-1 & 7233-4.
    Type of Review: Renewal of an information collection.
    Background: Title 49 U.S.C., paragraph 40103(b) authorizes
regulations governing the flight of aircraft. 14 CFR 91 prescribes
requirements for filing domestic and international flight plans.
Information is collected to provide services to aircraft inflight and
protection of persons/property on the ground.
    Respondents: Approximately 300,000 air carriers, operators and
pilots.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1-3 minutes.
    Estimated Total Annual Burden: 225,966 hours.

    Issued in Washington, DC, on February 1, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2017-05011 Filed 3-13-17; 8:45 am]
BILLING CODE 4910-13-P


 [Federal Register: October 23, 2009 (Volume 74, Number 204)] [ Rules and Regulations]                [Page 54749-54751] [DOCID:fr23oc09-2]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 514

[Docket No. FDA-2009-N-0436]

  New Animal Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Direct final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the

regulations regarding new animal drug applications (NADAs).

Specifically, this direct final rule is being issued to provide that

NADAs shall be submitted in the described form, as appropriate for the

particular submission. Currently, the regulation requires that all

NADAs contain the same informational sections and does not explicitly

provide the appropriate flexibility needed to address the development

of all types of new animal drug products. This amendment will allow the

agency to appropriately review safety and effectiveness data submitted

to support the approval of new animal drug products. FDA is amending

the regulations in accordance with its direct final rule procedures.

    Elsewhere in this issue of the Federal Register, we are publishing

a companion proposed rule, under FDA's usual procedure for notice-and-

comment rulemaking, to provide a procedural framework to finalize the

rule in the event the agency receives any significant adverse comments

and withdraws this direct final rule. The companion proposed rule and

this direct final rule are substantively identical.

DATES: This rule is effective March 8, 2010. Submit written comments on

or before January 6, 2010. If FDA receives no significant adverse

comments within the specified comment period, the agency will publish a

document confirming the effective date of the final rule in the Federal

Register within 30 days after the comment period on this direct final

rule ends. If timely significant adverse comments are received, the

agency will publish a document in the Federal Register withdrawing this

direct final rule before its effective date.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2009-

N-0436 by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following ways:

     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:

     FAX:<PHONE_NUMBER>.

     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM

submissions]: Division of Dockets Management (HFA-305), Food and Drug

Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    To ensure more timely processing of comments, FDA is no longer

accepting comments submitted to the agency by e-mail. FDA encourages

you to continue to submit electronic comments by using the Federal

eRulemaking Portal, as described previously, in the ADDRESSES portion

of this document under Electronic Submissions.

    Instructions: All submissions received must include the agency name

and Docket No. for this rulemaking. All comments received may be posted

without change to http://www.regulations.gov, including any personal

information provided. For additional information on submitting

comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION

section of this document.

    Docket: For access to the docket to read background documents or

comments received, go to http://www.regulations.gov and insert the

docket number, found in brackets in the heading of this document, into

the ``Search'' box and follow the prompts and/or go to the Division of

Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Urvi Desai, Center for Veterinary

Medicine (HFV-100), Food and Drug Administration, 7500 Standish Pl.,

Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Background

    This direct final rule is being issued to amend Sec.  514.1 (21 CFR

514.1) so as to provide that NADAs shall include the information

described in the section, as appropriate for the particular submission.

Currently, the regulation requires that all NADAs contain the same

informational sections and does not explicitly provide the appropriate

flexibility needed to address the development of all types of new

animal drug products. This amendment will allow the agency to

appropriately review safety and effectiveness data submitted to support

the approval of new animal drug products. In addition, the amendment is

similar to the current provisions of the human new drug application

regulations at 21 CFR 314.50 and thus will make the new human and new

animal drug regulations more consistent.

II. Direct Final Rulemaking

    In the Federal Register of November 21, 1997 (62 FR 62466), FDA

announced the availability of the guidance document entitled ``Guidance

for FDA and Industry: Direct Final Rule Procedures.'' This guidance

document may be accessed at http://www.fda.gov/RegulatoryInformation/

Guidances/ucm125166.htm. FDA believes that this rule is appropriate for

direct final rulemaking because it is intended to make non-

controversial changes to existing regulations. We anticipate no

significant adverse comments. Consistent with FDA's procedures on

direct final rulemaking, we are publishing elsewhere in this issue of

the Federal Register a companion proposed rule. The companion proposed

rule provides the procedural framework within which the rule may be

finalized in the event the direct final rule is withdrawn because of

any significant adverse comment. The comment period for this direct

final rule runs concurrently with the comment period of the companion

proposed rule. Any comments received in response to the companion

proposed rule will also be considered as comments regarding this direct

final rule.

    FDA is providing a comment period on the direct final rule of 75

days after the date of publication in the Federal Register. If FDA

receives any significant adverse comment, we intend to withdraw this

direct final rule before its effective date by publication of a notice

in the Federal Register within 30 days after the comment period ends. A

significant adverse comment is defined as a comment that explains why

the rule would be inappropriate, including challenges to the rule's

underlying premise or approach, or would be ineffective or unacceptable

without change. In determining whether an adverse comment is

significant and warrants withdrawing a direct final rule, we will

consider whether the comment raises an issue serious enough to warrant

a substantive response in a notice-and-comment process in accordance

with section 553 of the Administrative Procedure Act (APA) (5 U.S.C.

553). Comments that are frivolous, insubstantial, or outside the scope

of the rule will not be considered significant or adverse under this

procedure. For example, a comment recommending an additional change to

the rule will not be considered a significant adverse comment, unless

the comment states why the rule would be ineffective without the

additional change. In addition, if a significant adverse comment

applies to part of a rule and that part can be severed from the

remainder of the rule, we may adopt as final those parts of the rule

that are not the subject of a significant adverse comment.

    If any significant adverse comments are received during the comment

period, FDA will publish, before the effective date of the direct final

rule, a document withdrawing the direct final rule. If we withdraw the

direct final rule, all comments received will be considered under the

companion proposed rule in developing a final rule using the usual

notice-and-comment procedures under the APA (5 U.S.C. 552 et seq.). If

we receive no significant adverse comment during the specified comment

period, we intend to publish a document in the Federal Register

confirming the effective date within 30 days after the comment period

ends.

III. Legal Authority

    FDA's authority to issue this direct final rule is provided by

section 512(b)(1) of the Federal Food, Drug, and Cosmetic Act (the act)

(21 U.S.C. 360b(b)(1)). This section states that any person may file

with the Secretary of Health and Human Services an application with

respect to any intended use or uses of a new animal drug and sets forth

the specific information that must be included in such an application.

In addition, section 701(a) of the act (21 U.S.C. 371(a)) gives FDA

general rulemaking authority to issue regulations for the efficient

enforcement of the act. FDA is issuing this direct final rule under

these authorities.

IV. Environmental Impact

    FDA has carefully considered the potential environmental impacts of

this rule and determined under 21 CFR 25.30(h) that this action is of a

type that does not individually or cumulatively have a significant

effect on the human environment. Therefore, neither an environmental

assessment nor an environmental impact statement is required.

V. Analysis of Economic Impacts

    FDA has examined the impacts of the direct final rule under

Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601-

612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104-4).

Executive Order 12866 directs agencies to assess all costs and benefits

of available regulatory

alternatives and, when regulation is necessary, to select regulatory

approaches that maximize net benefits (including potential economic,

environmental, public health and safety, and other advantages;

distributive impacts; and equity). The agency believes that this direct

final rule is not a significant regulatory action under the Executive

order.

    The Regulatory Flexibility Act requires agencies to analyze

regulatory options that would minimize any significant impact of a rule

on small entities. Because the direct final rule would not impose any

direct or indirect costs on industry or government through the

amendment, but rather would only clarify that sponsors must include in

their applications the information described in Sec.  514.1 that is

appropriate for their particular submission, the agency certifies that

the direct final rule would not have a significant economic impact on a

substantial number of small entities.

    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires

that agencies prepare a written statement, which includes an assessment

of anticipated costs and benefits, before proposing ``any rule that

includes any Federal mandate that may result in the expenditure by

State, local, and tribal governments, in the aggregate, or by the

private sector, of $100,000,000 or more (adjusted annually for

inflation) in any one year.'' The current threshold after adjustment

for inflation is $133 million, using the most current (2008) Implicit

Price Deflator for the Gross Domestic Product. FDA does not expect this

direct final rule to result in any 1-year expenditure that would meet

or exceed this amount.

VI. Federalism

    FDA has analyzed this direct final rule in accordance with the

principles set forth in Executive Order 13132. FDA has determined that

the rule does not contain policies that have substantial direct effects

on the States, on the relationship between the National Government and

the States, or on the distribution of power and responsibilities among

the various levels of government. Accordingly, the agency has concluded

that the rule does not contain policies that have federalism

implications as defined in the Executive order and, consequently, a

federalism summary impact statement is not required.

VII. Paperwork Reduction Act of 1995

    This direct final rule refers to previously approved collections of

information found in FDA regulations. The direct final rule amends

these previously approved collections of information by clarifying that

NADAs must contain the information appropriate for the particular

submission. Further, this amendment is based upon the Center for

Veterinary Medicine's previous experience with these submissions. Thus,

Sec.  514.1 as amended, does not constitute a new or additional

paperwork burden requiring Office of Management and Budget (OMB)

approval.

    Collections of information are subject to review by OMB under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections

of information in Sec.  514.1 have been approved under OMB Control No.

0910-0032. This approval expires April 30, 2011. An agency may not

conduct and a person is not required to respond to a collection of

information unless it displays a valid OMB control number.

VIII. Request for Comments

    Interested persons may submit to the Division of Dockets Management

(see ADDRESSES) written or electronic comments regarding this document.

Submit a single copy of electronic comments or two paper copies of any

mailed comments, except that individuals may submit one paper copy.

Comments are to be identified 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.

List of Subjects in 21 CFR Part 514

    Administrative practice and procedure, Animal drugs, Confidential

business information, Reporting and recordkeeping requirements.

0

Therefore, under the Federal Food, Drug, and Cosmetic Act and under

authority delegated to the Commissioner of Food and Drugs, 21 CFR part

514 is amended as follows:

PART 514--NEW ANIMAL DRUG APPLICATIONS

0

1. The authority citation for 21 CFR part 514 continues to read as

follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 356a, 360b, 371, 379e,

381.

0

2. In Sec.  514.1, revise the first sentence of paragraph (a) and the

introductory text of paragraph (b) to read as follows:

Sec.  514.1  Applications.

    (a) Applications to be filed under section 512(b) of the act shall

be submitted in the form and contain the information described in

paragraph (b) of this section, as appropriate to support the particular

submission. * * *

    (b) Applications for new animal drugs shall be submitted in

triplicate and assembled in the manner prescribed by paragraph (b)(15)

of this section, and shall include the following information, as

appropriate to support the particular submission: * * *

* * * * *

    Dated: October 19, 2009.

David Horowitz,

Assistant Commissioner for Policy.

[FR Doc. E9-25517 Filed 10-22-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: May 31, 2007 (Volume 72, Number 104)]
[Notices]
[Page 30362]
[DOCID:fr31my07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-422-020; Docket No. RP06-226-003]

El Paso Natural Gas Company; Notice of Compliance Filing

May 23, 2007.
    Take notice that on May 18, 2007, El Paso Natural Gas Company
(EPNG) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1A, the following tariff sheets to become effective
June 1, 2007:

First Revised Sheet No. 362K
First Revised Sheet No. 362L

    EPNG states that copies of the filing were served on parties on the
official service list in the above-captioned proceedings.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10428 Filed 5-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Page 22474]
[FR Doc No: 2018-10296]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2485-000]

FirstLight Hydro Generating Company; Notice of Authorization for
Continued Project Operation

    On April 29, 2016, FirstLight Hydro Generating Company, licensee
for the Northfield Mountain Pumped Storage Project, filed an
Application for a New License pursuant to the Federal Power Act (FPA)
and the Commission's regulations thereunder. The Northfield Mountain
Pumped Storage Project is located on the Connecticut River in Franklin
County, Massachusetts; Windham County, Vermont; and Cheshire County,
New Hampshire.
    The license for Project No. 2485 was issued for a period ending
April 30, 2018. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2485 is issued to
the licensee for a period effective May 1, 2018 through April 30, 2019
or until the issuance of a new license for the project or other
disposition under the FPA, whichever comes first. If issuance of a new
license (or other disposition) does not take place on or before April
30, 2019, notice is hereby given that, pursuant to 18 CFR 16.18(c), an
annual license under section 15(a)(1) of the FPA is renewed
automatically without further order or notice by the Commission, unless
the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the licensee, FirstLight Hydro Generating Company, is
authorized to continue operation of the Northfield Mountain Pumped
Storage Project, until such time as the Commission acts on its
application for a subsequent license.

    Dated: May 9, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10296 Filed 5-14-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21429-21430]
[FR Doc No: 2016-08180]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77520; File No. SR-NYSEArca-2016-51]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.16 To Specify That Sell Short Post No Preference Orders
and Sell Short PNP Blind Orders Priced At or Below the National Best
Bid Will Be Rejected on Arrival During the Short Sale Period

April 5, 2016.
    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 March 24, 2016, 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 7.16
(``Short Sales'') to specify that Post No Preference (``PNP'') orders
and PNP Blind orders priced at or below the national best bid will be
rejected on arrival during the Short Sale Period. The proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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 7.16 (``Rule 7.16'') governs the treatment
of sell short orders on the Exchange to comply with the requirements of
Rule 201 of Regulation SHO.\4\ Currently, 7.16(f)(v)(D)(ii) provides,
in part, that PNP Blind Orders will be re-priced and displayed at a
Permitted Price \5\ during the Short Sale Period.\6\ The Exchange
recently determined that, during a Short Sale Period, if the Exchange's
best bid is the national best bid, PNP Blind short sale orders do not
re-price to a Permitted Price but rather, the orders execute at the
national best bid.
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    \4\ 17 CFR 242.201.
    \5\ Rule 7.16(f)(v)(C) defines the term ``Permitted Price'' as
one minimum price increment above the current national best bid. The
Permitted Price for securities for which the national best bid is $1
or more is $.01 above the national best bid; the Permitted Price for
securities for which the national best bid is below $1 is $.0001
above the national best bid.
    \6\ A ``Short Sale Period'' is defined in Rule 7.16(f)(iv) as
the period during which the Short Sale Price Test is in effect. A
Short Sale Price Test is defined in Rule 7.16(f)(ii) as the period
when the Exchange will not execute or display a short sale order
with respect to a covered security at a price that is less than or
equal to the current national best bid if the price of that security
decreases 10% or more, as determined by the listing market for the
security, from the security's closing price on the listing market as
of the end of regular trading hours on the prior day. Rule 7.16P,
rather than Rule 7.16, governs the treatment of sell short orders
for symbols trading on the Exchange's Pillar trading platform.
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    To address this issue, the Exchange is proposing to amend Rule
7.16(f)(v) by adding new subsection (H) to provide that, during a Short
Sale Period, the Exchange would reject on arrival sell short PNP Orders
and sell short PNP Blind Orders priced at or below the national best
bid.\7\
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    \7\ Due to technology limitations, the Exchange is not able to
address this issue without rejecting both sell short PNP Orders and
sell short PNP Blind Orders priced at or below the national best bid
during the Short Sale Period. As such, the proposed rule text
specifies that the Exchange would reject both sell short PNP Orders
and sell short PNP Blind Orders, received during the Short Sale
period, priced at or below the national best bid.
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    The Exchange believes that the proposed change would eliminate the
potential for sell short PNP Orders and PNP Blind Orders to execute at
the national best bid during a Short Sale Period.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\8\ in particular, because 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, to remove impediments to, and perfect the mechanism of, a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would eliminate the potential for
sell short PNP Orders and PNP Blind Orders to trade at the national
best bid during a Short Sale Period. The Exchange further believes that
the proposed rule change is reasonable and appropriate and designed to
prevent fraudulent and manipulative acts because it provides more
certainty to members and the investing public of how the Exchange will
treat incoming short sale PNP Orders and short sale PNP Blind Orders
during a Short Sale Period.

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. The proposed change is not
designed to address any competitive issue but rather to eliminate the
potential for sell short PNP Orders and PNP Blind Orders to trade at
the national best bid during a Short Sale Period.

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

    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 for 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that the proposed rule change is designed to assure compliance
with Rule 201 of Regulation SHO \13\ by assuring that the Exchange will
not execute or display a sell short PNP or a sell short PNP Blind order
at or below the national best bid during a Short Sale Period. The
Exchange further stated that waiver of the operative delay would allow
the Exchange to implement the rule change without delay, which would
help eliminate potential investor confusion regarding how sell short
PNP and PNP Blind Orders will be treated on arrival during a Short Sale
Period. The Commission believes the waiver of the operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 17 CFR 242.201.
    \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).
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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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-51. This
file number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. 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 Number SR-NYSEArca-2016-51, and should
be submitted on or before May 2, 2016.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08180 Filed 4-8-16; 8:45 am]
 BILLING CODE 8011-01-P