[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79122-79124]
[FR Doc No: 2015-31790]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76640; File No. SR-NSX-2015-05]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Order Approving a Proposed Rule Change To Modify and Eliminate Certain
Rules and To Enable Trading Activity To Resume on the Exchange

December 14, 2015.

I. Introduction

    On November 3, 2015, the National Stock Exchange (``NSX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to the provisions of Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change proposing changes that would,
among other things, allow trading activity to resume on the
Exchange.\3\ The proposed rule change was published for comment in the
Federal Register on November 13, 2015.\4\ The Commission received no
comments on the proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 782(b)(1).
    \2\ 17 CFR 249.19b-4.
    \3\ On May 1, 2014, NSX filed a proposed rule change to halt all
trading activity on the Exchange. See Securities Exchange Act
Release No. 72107 (May 6, 2014), 79 FR 27017 (May 12, 2014) (SR-NSX-
2014-14). There has been no trading activity on the Exchange since
the close of business on May 30, 2014 (``Closing Date'').
    \4\ See Securities Exchange Act Release No. 76390 (November 9,
2015), 80 FR 70261 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 11.1 (Hours of Trading) to
rescind Interpretations and Policies .01 (Cessation of Trading
Operations NSX) to permit the Exchange to resume trading activity. The
Exchange also proposes to (i) amend Rule 11.11 (Orders and Modifiers)
to remove descriptions of certain order types that the Exchange will
not offer when it resumes trading and to correct the numbering of
certain subparagraphs of the rule; (ii) delete Rule 11.12 (Cross
Message) and make conforming changes to Rules 11.11(c) and 16.2; (iii)
amend Rule 11.13 and Interpretations and Policies .01 to eliminate the
order delivery mode of order interaction with the Exchange's trading
system (``Order Delivery''); and (iv) adopt Rule 11.25 (Use of Market
Data Feeds) to describe the Exchange's use of certain data feeds for
order handling and execution.\5\
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    \5\ For a more detailed description of the proposed changes, see
Notice, supra note 4.

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    In its filing, the Exchange represented to the Commission that it
is ready to resume trading activity upon approval of this filing. To
that end, the Exchange represents that, since the Closing Date, it has
continued to discharge its responsibilities as a self-regulatory
organization (``SRO'') in anticipation of resuming trading
operations,\6\ specifically, by, among other things, (i) remaining a
party to certain multi-party 17d-2 Plans for the Allocation of
Regulatory Responsibilities pursuant to Section 17(d)(1) of the Act \7\
and Rules 17d-1 and 17d-2 thereunder \8\ relating to insider trading
surveillance and certain Regulation NMS requirements; \9\ (ii)
continuing to maintain the operability of its trading system and not
modifying the system's functionality, except as necessary to comply
with regulatory requirements; \10\ (iii) implementing and executing a
rigorous testing program, including tests with industry participants,
to assure that its trading system will function as designed and
consistent with all applicable rules and regulations; \11\ (iv) testing
connectivity to the securities information processors (``SIPs'') and
re-certifying its connection to the Depository Trust Clearing
Corporation; \12\ and (v) amending certain Exchange Rules to keep
current with industry regulatory initiatives.\13\ The Exchange further
represents that it has the capacity to be able to carry out the
purposes of the Act and to comply with and to enforce compliance by ETP
Holders and persons associated with ETP Holders, with the provisions of
the Act, the rules and regulations thereunder, and the rules of the
Exchange. The Exchange further states that it has the financial,
technological, and personnel resources to effectively conduct
surveillance of its marketplace and to regulate ETP Holders' trading on
NSX upon the resumption of trading operations.\14\
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    \6\ See Notice, supra note 4, at 70262.
    \7\ 15 U.S.C. 78q(d)(1).
    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2.
    \9\ See Notice, supra note 4, at 70264.
    \10\ See id. at 70263.
    \11\ See id.
    \12\ See id.
    \13\ See id. at 70263-64.
    \14\ See id. at 70264-65.
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    Furthermore, the Exchange represents that it will provide timely
written notice of the date it will commence trading, and other related
information directly to the following parties: (i) ETP Holders; (ii)
other national securities exchanges that trade NMS securities; (iii)
the SIPs; and, (iv) the operating committees for the various NMS plans
(e.g., the Consolidated Tape Association Plan/Consolidated Quote Plan,
the Plan Governing the Collection, Consolidation and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privileges Basis, the Plan
to Address Extraordinary Market Volatility).\15\ NSX further states
that it will provide timely notice to the general public by way of
widely-disseminated press releases, notification through the Exchange's
Web site, and communications with financial and industry press.\16\
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    \15\ See id. at 70263-64.
    \16\ See id. at 70264.
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    Finally, the Exchange represents that upon receiving Commission
approval to resume trading, it will execute a staged roll-out plan to
reach full operational capacity and provide notice to ETP Holders with
the precise details of the roll-out plan before initiating the
plan.\17\
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    \17\ See id. at 70263.
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III. Discussion and Commission Findings

    The Commission has carefully reviewed the proposed rule change and
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange.\18\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\19\
which requires that the rules of the Exchange, among other things, be
designed to promote just and equitable principles of trade, 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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    \18\ In approving the proposed rule change, the Commission has
considered its impact on efficiency, competition and capital
formation. See 15 U.S.C. 78c(f).
    \19\ 15 U.S.C. 78f(b)(5).
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    Based on the Exchange's representations, the Commission believes
that the Exchange is positioned to resume its status as a fully
operational national securities exchange and to commence trading
operations consistent with the notice provisions set forth in the
proposed rule change.\20\ The Commission notes that the Exchange will
resume operations using the same trading system and rules (subject to
the changes proposed herein) that were in effect on the Closing Date.
The Commission further notes that the Exchange has committed to
``regularly assess its regulatory resources to assure that they
continue to be sufficient to discharge its SRO responsibilities.'' \21\
The Exchange's proposed staged roll-out plan should ensure that trading
is resumed in an orderly manner. The Exchange's decision to streamline
its trading operations by amending Rules 11.11, 11.12, 11.13, and 16.2,
and adopting Rule 11.25, is consistent with the protection of investors
and the public interest. These changes, which eliminate order-types
that were not being used before the Closing Date, eliminate the order
delivery mode of order interaction with the Exchange's trading system,
and adopt a rule to describe the Exchange's use of certain data feeds
for order handling and execution, will allow the exchange to resume
trading, providing another venue to which customer orders can be
routed. The Commission notes that it received no comments on the
proposed rule change.
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    \20\ See Notice, supra note 4, at 70263-64.
    \21\ See id. at 70264.
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    As noted above, NSX intends to resume operations as an automated
trading center and have its best bid and best offer be a Protected
Quotation.\22\ To meet their regulatory responsibilities under Rule
611(a) of Regulation NMS, market participants must have sufficient
notice of new Protected Quotations, as well as all necessary
information (such as final technical specifications).\23\ Therefore,
the Commission believes that it would be a reasonable policy and
procedure under Rule 611(a) to require that industry participants begin
treating NSX's best bid and best offer as a Protected Quotation as soon
as possible but no later than 60 days after the date of this order, or
such later date as NSX resumes operations as a national securities
exchange.
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    \22\ 17 CFR 242.600(b)(58).
    \23\ See Securities Exchange Act Release No. 53829 (May 18,
2006), 71 FR 30038, 30041 (May 24, 2006).
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    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\24\ that the proposed rule change (SR-NSX-2015-05), be, and hereby is,
approved.
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    \24\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31790 Filed 12-17-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73289-73290]
[FR Doc No: 2014-28946]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-21-000.
    Applicants: Sierra Solar Greenworks, LLC.
    Description: Notice of Self-Certification of EWG Status of Sierra
Solar Greenworks, LLC.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5036.
    Comments Due: 5 p.m. ET 12/26/14.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1215-002.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment per 35.17(b): Amend and Withdraw
Filing re SCPSA and CECI to be effective 1/1/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5038.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-522-000; ER13-630-000; ER10-2437-000; EL14-98-
000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company Response to Show Cause
Order and Supplemental Work Papers in Support of the Triennial Market
Power Update.
    Filed Date: 12/2/14.
    Accession Number: 20141202-5116.
    Comments Due: 5 p.m. ET 12/23/14.

    Docket Numbers: ER15-571-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2066R3
Westar Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5059.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-572-000.
    Applicants: Consolidated Edison Company of New York,, Rochester Gas
and Electric Corporation, New York State Electric & Gas Corporation,
Central Hudson Gas & Electric Corporation, Winston & Strawn LLP, New
York Independent System Operator, Inc., Niagara Mohawk Power
Corporation.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): NY
Transco Rate Schedule to be effective 4/3/2015.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5075.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-573-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): SGIAs
and Distribution Service Agmts for SR Solis Projects to be effective
12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5081.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-574-000.
    Applicants: Rising Tree Wind Farm LLC.
    Description: Initial rate filing per 35.12 Shared Facilities Agmnt
to be effective 12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5091.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-575-000.
    Applicants: Rising Tree Wind Farm II LLC.
    Description: Initial rate filing per 35.12 Shared Facilities
Agreement to be effective 12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5092.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-576-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2166R3
Westar Energy, Inc. NITSA NOA to be effective 8/1/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5093.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-577-000.
    Applicants: Rising Tree Wind Farm III LLC.
    Description: Initial rate filing per 35.12 Shared Facilities
Agreement to be effective 12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5094.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-578-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Revisions to the OA re Prohibited Securities and Financial Interests to
be effective 2/16/2015.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5095.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-579-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2491R2
Westar Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5101.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-580-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
12-04_SA 2718 Duke Energy-Duke Energy GIA (J333/J334) to be effective
12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5128.
    Comments Due: 5 p.m. ET 12/26/14.

    Docket Numbers: ER15-581-000.

    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
12-04_SA 2467 2nd Rev. MDU-MDU GIA (J200) to be effective 12/5/2014.
    Filed Date: 12/4/14.
    Accession Number: 20141204-5130.
    Comments Due: 5 p.m. ET 12/26/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 4, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28946 Filed 12-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Page 42534]
[FR Doc No: 2018-18063]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83860; File No. SR-NYSE-2018-30]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Provide for the Listing of Exchange Traded
Products With No Component NMS Stock Listed on the Exchange, Amend Its
Rules Regarding Unlisted Trading Privileges, and Make Corresponding
Changes

August 16, 2018.
    On June 15, 2018, New York Stock Exchange LLC (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to: (1)
Provide for the listing of exchange traded products (``ETPs'') that do
not have any component NMS Stock \3\ that is listed on the Exchange or
that is based on, or represents an interest in, an underlying index or
reference asset that includes an NMS Stock listed on the Exchange; (2)
delete certain redundant listing rules that would be superseded by
these initial and continued listing and trading requirements for the
listing of ETPs; and (3) make changes to its unlisted trading
privileges rule, Rule 5.1(a)(2), as well as certain supplementary
changes throughout Rules 5P and 8P to conform to the rules of the
Exchange's affiliate, NYSE National, Inc. The proposed rule change was
published for comment in the Federal Register on July 6, 2018.\4\ The
Commission has received no comment letters on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ NMS Stock is defined in Rule 600 of Regulation NMS, 17 CFR
242.600(b)(47).
    \4\ See Securities Exchange Act Release No. 83560 (June 29,
2018), 83 FR 31585.
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is August 20, 2018. The Commission is extending this 45-day time
period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates October 4, 2018, as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSE-2018-30).
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    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18063 Filed 8-21-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Rules and Regulations]
[Page 66238]
[DOCID:fr15de09-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-1029]

Drawbridge Operation Regulation; Grassy Sound Channel, Middle
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District has issued a
temporary deviation from the regulations governing the operation of the
Grassy Sound Channel Bridge (County Route 619), mile 1.0, at Middle
Township, NJ. The deviation restricts the operation of the draw span to
facilitate the cleaning and painting of the structure.

DATES: This deviation is effective from 5 a.m. on April 1, 2010 until 5
p.m. on May 15, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2009-1029 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-1029 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Terrance Knowles, Environmental Protection Specialist,
Fifth Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Cape May County Bridge Commission, who
owns and operates this bascule drawbridge, has requested a temporary
deviation from the current operating regulations set out in 33 CFR
117.721 to facilitate the cleaning and painting of the bridge
structure.
    The Grassy Sound Channel Bridge (CR-619), at mile 1.0, in Middle
Township NJ has a vertical clearance in the closed position to vessels
of 15 feet above mean high water (MHW).
    Under normal operating conditions, two hours advance notice is
required to open the draw of the Grassy Sound Channel Bridge. Under
this temporary deviation, the Grassy Sound Channel Bridge will be
maintained in the closed-to-navigation position beginning at 5 a.m. on
April 1, 2010 until and including 5 p.m. on May 15, 2010.
    The drawbridge will open in the event of an emergency. Vessels that
can pass under the bridge without a bridge opening may do so at all
times. Vessels with mast height greater than 15 feet have an alternate
route by transiting approximately two miles away at the nearby County
of Cape May Bridge across Great Channel between Stone Harbor and Nummy
Island NJ.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure periods for the
bridge so that vessels 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 designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: December 1, 2009.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, By Direction of the Commander,
Fifth Coast Guard District.
[FR Doc. E9-29749 Filed 12-14-09; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76802-76803]
[DOCID:fr28de05-93]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

December 19, 2005.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER00-826-004; ER00-828-004; ER98-421-015; ER98-
4055-012; ER01-1337-007; ER04-288-001; ER02-177-008; ER03-1212-006;
ER01-1820-006; ER96-2506-008.
    Applicants: Brownsville Power I, L.L.C.; Caledonia Power I, L.L.C.,
CinCap IV, LLC; CinCap V, LLC; Cinergy Capital & Trading, Inc.;
Cincinnati Gas & Electric Co.; Cinergy Power Investments, Inc.; St Paul
Cogeneration, LLC; Cinergy Operating Companies; PSI Energy, Inc.
    Description: Cinergy submits revised sheets for the joint PSI/
Cincinnati Gas & Electric market-based rate tariff.
    Filed Date: 11/16/2005.
    Accession Number: 20051121-0144.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER00-1928-002.
    Applicant: Western New York Wind Corp.
    Description: Western New York Wind Corp submits Substitute First
Revised Sheets No. 2 and 3 of FERC Electric Rate No. 1 pursuant to
Ordering Paragraph (B) of FERC's 11/3/05 order.
    Filed Date: 12/05/2005.
    Accession Number: 20051213-0343.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER01-2692-004.
    Applicant: Canastota Windpower, LLC.
    Description: Canastota Windpower LLC submits substitute First
Revised Sheets No. 2 and 3 of FERC Electric Rate Schedule No. 1
pursuant to Ordering Paragraph (B) of FERC's 11/3/05 order.
    Filed Date: 12/05/2005.
    Accession Number: 20051213-0344.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER02-2458-006.
    Applicant: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO submits Settlement Parties compliance
filing of Amended and Restated Settlement Agreement.
    Filed Date: 12/01/2005.
    Accession Number: 20051201-5076.
    Comment Date: 5 p.m. eastern time on Thursday, December 22, 2005.

    Docket Number: ER05-795-003.
    Applicant: New England Power Pool.
    Description: ISO New England, Inc. and New England Power Pool
submit a compliance report on Ancillary Services Market.
    Filed Date: 12/05/2005.
    Accession Number: 20051205-5097.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER05-1076-002; ER99-2311-006.
    Applicant: Carolina Power & Light Company.
    Description: Carolina Power & Light Co dba Progress Energy
Carolinas, Inc submits a mitigation proposal tailored to its particular
circumstances regarding wholesale sales made by CP&L for the period 7/
19/05 & 8/6/05.
    Filed Date: 12/05/2005.
    Accession Number: 20051213-0339.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER05-1082-002.
    Applicant: Carolina Power & Light Company.
    Description: Carolina Power & Light Co dba Progress Energy
Carolinas, Inc submits a revision to its Cost-Based Wholesale Power
Sales Tariff.
    Filed Date: 12/05/2005.
    Accession Number: 20051213-0337.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER05-1422-003.
    Applicant: Calpine Merchant Services Company, Inc.
    Description: Notice of Change in Status of Calpine Merchant
Services Company, Inc.
    Filed Date: 12/05/2005.
    Accession Number: 20051205-5042.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER06-146-001.
    Applicant: Alliance Energy Marketing, LLC.
    Description: Alliance Energy Marketing, LLC's errata to the revised
tariff sheets submitted on 11/2/05.
    Filed Date: 12/07/2005.
    Accession Number: 20051212-0068.
    Comment Date: 5 p.m. eastern time on Wednesday, December 28, 2005.

    Docket Number: ER06-292-000.
    Applicant: Public Service Company of New Mexico.
    Description: Public Service Co of New Mexico submits the revised
Network Integration Transmission Service Agreement (First Revised
Service Agreement 134-PNM) and the revised Network Operating Agreement
etc.
    Filed Date: 12/06/2005.
    Accession Number: 20051207-0075.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER06-293-000.
    Applicant: Idaho Power Company.
    Description: Idaho Power Co submits a Capacitor Joint Ownership
Agreement with NorthWestern Corp & PacifiCorp designated as Rate
Schedule 148 etc.
    Filed Date: 12/06/2005.
    Accession Number: 20051208-0058.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER06-294-000.
    Applicant: NRG Ilion LP.
    Description: NRG Ilion Limited Partnership submits a notice of
cancellation for FERC Rate Schedule 1.
    Filed Date: 12/06/2005.
    Accession Number: 20051208-0070.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER06-295-000.
    Applicant: ISO New England Inc.
    Description: ISO New England Inc submits the revised pricing
formula for its sales of Emergency Energy to Hydro-Quebec TransEnergie
(HQTE) under the Interconnection Operators Agreement.
    Filed Date: 12/07/2005.
    Accession Number: 20051208-0069.
    Comment Date: 5 p.m. eastern time on Wednesday, December 28, 2005.

    Docket Number: ER06-298-000.
    Applicant: Energy Group of America, Inc.
    Description: Petition of the Energy Group of America, Inc for order
accepting market-based rate schedule for filing and granting waivers
and blanket approval.
    Filed Date: 12/07/2005.
    Accession Number: 20051212-0069.
    Comment Date: 5 p.m. eastern time on Wednesday, December 28, 2005.

    Docket Number: ER95-1278-016; ER05-698-004.
    Applicant: NAP Trading and Marketing, Inc.
    Description: NAP Trading and Marketing, Inc and San Joaquin Cogen,
L.L.C., submit amendments to the market-based rate tariffs and
notification of a non-material change in status.
    Filed Date: 12/05/2005.
    Accession Number: 20051212-0009.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Docket Number: ER96-2640-016.
    Applicant: CHI Power Marketing, Inc.
    Description: CHI Power Marketing Inc., submits Second Revised
Sheets No. 2 and 3 of FERC Electric Rate Schedule No.1 pursuant to
ordering Paragraph (B) of FERC's 11/3/05 order.
    Filed Date: 12/05/2005.
    Accession Number: 20051213-0341.
    Comment Date: 5 p.m. eastern time on Tuesday, December 27, 2005.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7916 Filed 12-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26461-26462]
[FR Doc No: 2019-11827]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85977; File No. 013-00119]

Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period

May 31, 2019.
    On February8, 2019, Ustocktrade filed an initial Form ATS-N (``Form
ATS-N'') with the Securities and Exchange Commission (``Commission'').
Pursuant to Rule 304 under the Securities and Exchange Act of 1934
(``Act''), the Commission may, after notice and an opportunity for
hearing, declare an initial Form ATS-N ineffective no later than 120
days from the date of filing with the Commission, or, if applicable,
the extended review period. June 8, 2019 is 120 calendar days from the
date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the Commission may
extend the initial Form ATS-N review period for up to an additional 120
calendar days if the initial Form ATS-N is unusually lengthy or raises
novel or complex issues that require additional time for review.
    Ustocktrade was operating pursuant to an initial operation report
on Form ATS on file with the Commission as of January 7, 2019.\1\
Ustocktrade filed an initial Form ATS-N on February 8, 2019. During the
initial 120 calendar day review period, the Commission staff has been
reviewing the disclosures on Ustocktrade's initial Form ATS-N. In
addition, the staff has been engaged in ongoing discussions with
Ustocktrade about its disclosures and manner of operations, as well as
the requirements of Form ATS-N, to facilitate complete and
comprehensible disclosures that reflect the complexities of those
operations.
---------------------------------------------------------------------------

    \1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
---------------------------------------------------------------------------

    Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and

discussions with Commission staff have revealed complexities about the
operations of Legacy NMS Stock ATSs including, among other things,
matching functionalities, means of order entry, order interaction and
execution procedures, conditional order processes, segmentation of
orders, and counterparty selection protocols. The Commission staff
needs additional time to review novel and complex issues such as these,
which Commission staff has discussed with Ustocktrade. Extending the
initial Form ATS-N Commission review period for an additional 120
calendar days will provide Commission staff an opportunity to continue
its review of the initial Form ATS-N disclosures and discussions with
Ustocktrade.
    In the conversations between Ustocktrade and Commission staff about
the initial Form ATS-N disclosures and the ATS operations, Commission
staff and Ustocktrade have discussed a potential amendment to update
Ustocktrade's disclosures regarding the complexities of its operations.
Extending the review period will enable the NMS Stock ATS to amend its
disclosures, if appropriate, and allow Commission staff to conduct a
thorough review of amendments to the initial disclosures provided on
the initial Form ATS-N.
    For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by Ustocktrade. Accordingly,
pursuant to Rule 304(a)(1)(iv)(B), October 6, 2019 is the date by which
the Commission may declare the initial Form ATS-N submitted by
Ustocktrade ineffective.

    By the Commission.

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11827 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Notices]
[Pages 45523-45524]
[FR Doc No: 2013-18064]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14528-000]

Davis Hydro, LLC Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On June 4, 2013, the Davis Hydro, LLC, filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Lake Davis Hydro
Project (project) to be located at Lake Davis on Big Grizzly Creek,
near the town of Portola, Plumas County, California. The sole purpose
of a preliminary permit, if issued, is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would utilize the existing fish egg filtering
platform owned by the California Department of Fish and Wildlife,
located below the Grizzly Valley dam on Big Grizzly Creek. The project
would consist of the following: (1) A powerhouse containing one 320-
kilowatt turbine; (2) a 2,208-foot-long transmission line extending
from the powerhouse and interconnecting with existing transmission
lines; and (3) appurtenant facilities. The proposed project would have
a total installed capacity of 0.32 megawatts and generate an estimated
average annual energy production of 2,000 megawatt-hours.
    Applicant Contact: Mr. Richard Ely, Davis Hydro, LLC, 27264
Meadowbrook Drive, Davis, California 95618, phone:<PHONE_NUMBER>.
    FERC Contact: Corey Vezina; phone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and

competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14497) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 22, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-18064 Filed 7-26-13; 8:45 am]
BILLING CODE 6717-01-P


From:
David Ailor<EMAIL_ADDRESS>Sent:
Friday, March 18, 2016 7:21 PM
To:
'Jones, DonnaLee'<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
RE: MARCH 18 CONFERENCE CALL - notes

Thanks.  Have not focused on the November minutes.  The COETF is scheduled to have another call next week; I'll raise it then.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Friday, March 18, 2016 4:49 PM
To: ACCCI<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: RE: MARCH 18 CONFERENCE CALL - notes

Not planning to but here is RTI's summary:

-Changed dscf for 201A/202 from 105 to 70 in Enclosure 2
-EPA confirmed willing to accept ICR test data that do not conform to EPA Method 1 requirements, see footnote 2, pg 6 of 38 in Enclosure 2, no actual change to Enclosure 2, existing text.
-Will add language how each facility will predetermine the appropriate sample time for quench towers based on typical quenching time and when emissions cease. Two places where quench time mentioned: once in table 1-B in the BSO row/Run Duration column; and the other is footnote 11.
-Footnote 5 in Enclosure 2, clarifying that they only need to test one stack per battery if that's all that is present at the test battery. For the boiler portion of footnote 5 "for boiler stacks (EP-4), test one representative boiler if a split stream of input coke oven gas amongst multiple boilers; if not split stream, test two boiler stacks if two or more are present"
-Clarifying % leaking for lids, doors, and offtakes in Table 1-D for VE of Enclosure 2
-Clarified that all 6 plants need to do water testing, not just the 3 doing air quench tower testing. Added footnote in Quench test table, Enc. 2
-Added "charging" to "typical cycle time" page 11 of 16 in Enclosure 1.

And then text I sent with answers to industry questions.

BTW: Did you all ever have any comments on our meeting notes from Nov 2015?
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

From: ACCCI<EMAIL_ADDRESS>Sent: Friday, March 18, 2016 3:59 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Subject: Re: MARCH 18 CONFERENCE CALL OF THE COETF WITH EPA TO DISCUSS METHODS AND QUESTIONS RELATED TO PQBS ICR TESTING (2:00 pm EST/1:00 pm CST)

Donna Lee:  Will you be developing any sort of a summary of today's call, by chance?  My members are asking for something.  DCA

Sent from my iPhone

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org


[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Rules and Regulations]
[Page 47828-47829]
[DOCID:fr15au08-6]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2008-P-0090] (formerly Docket No. 2006P-0393)

Food Labeling: Health Claims; Soluble Fiber From Certain Foods
and Risk of Coronary Heart Disease

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY:  The Food and Drug Administration (FDA) is adopting as a final
rule, without change, the provisions of the interim final rule (IFR)
that amended the regulation authorizing a health claim on soluble fiber
from certain foods and risk of coronary heart disease (CHD), to add
barley betafiber as an additional eligible source of beta-glucan
soluble fiber. FDA is taking this action to complete the rulemaking
initiated with the IFR.

DATES:  This final rule is effective August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Jillonne Kevala, Center for Food
Safety and Applied Nutrition (HFS-830), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of February 25, 2008 (73 FR 9938), FDA
published an IFR to amend the regulation in part 101 (21 CFR part 101)
that authorizes a health claim on the relationship between soluble
fiber from certain foods and CHD (Sec.  101.81), to include barley
betafiber as an additional eligible source of beta-glucan soluble
fiber. Under section 403(r)(3)(B)(i) and (r)(7) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 343(r)(3)(B)(i) and
343(r)(7)), FDA issued the IFR in response to a petition filed under
section 403(r)(4) of the act. On June 20, 2006, Cargill Inc. (the
petitioner), submitted a health claim petition to FDA requesting that
the agency expand the ``Soluble fiber from certain foods and coronary
heart disease'' health claim (Sec.  101.81) to include barley betafiber
as an eligible food ingredient source of beta-glucan soluble fiber. The
petitioner requested that FDA grant an IFR by which foods containing
barley betafiber could bear the health claim prior to publication of
the final rule.
    Section 403(r)(3)(B)(i) of the act states that the Secretary of
Health and Human Services (and, by delegation, FDA) shall issue a
regulation authorizing a health claim if he or she ``determines, based
on the totality of publicly available scientific evidence (including
evidence from well-designed studies conducted in a manner which is
consistent with generally recognized scientific procedures and
principles), that there is significant scientific agreement, among
experts qualified by scientific training and experience to evaluate
such claims, that the claim is supported by such evidence.'' (See also
Sec.  101.14(c).) Section 403(r)(4) of the act sets out the procedures
that FDA is to follow upon receiving a health claim petition. Section
403(r)(7) of the act permits FDA to make a proposed regulation issued
under section 403(r) effective upon publication pending consideration
of public comment and publication of a final regulation if the agency
determines that such action is necessary for public health reasons. FDA
filed the petition for comprehensive review in accordance with section
403(r)(4) of the act on September 28, 2006.
    As part of its review of the scientific literature on barley
betafiber and CHD, FDA considered the scientific evidence presented in
the petition as well as information previously considered by the agency
on CHD risk reduction and the effects of beta-glucan soluble fiber
containing food ingredients on lowering serum total and low density
lipoprotein (LDL) cholesterol. The agency summarized this evidence in
the IFR (73 FR 9938 at 9941 to 9943). Based on the available evidence,
FDA concluded that barley betafiber, like the other whole oat and
barley products listed in Sec.  101.81(c)(2)(ii)(A), lowers serum total
and LDL cholesterol. Consequently, FDA amended Sec.
101.81(c)(2)(ii)(A) to broaden the health claim to include barley
betafiber as an additional eligible source of beta-glucan soluble
fiber.

II. Summary of Comments and the Agency's Response

    FDA solicited comments on the IFR. The comment period closed on May
12, 2008. The agency received five letters of response, three from
consumers, one from academia, and one from the Commonwealth of
Kentucky. One consumer comment and the comment from academia supported
the IFR. The Commonwealth of Kentucky advised the agency that FDA's
ruling on the health claim would not adversely affect the State's
actions or conflict with any State laws. The remaining consumer
comments addressed issues that are outside the scope of this rulemaking
and will not be addressed here.
    Given the absence of contrary evidence on the agency's decisions
announced in the IFR, FDA is adopting as a final rule, without change,
the IFR that amended Sec.  101.81 to include barley betafiber as an
additional eligible source of beta-glucan soluble fiber.

III. Analysis of Impacts

    FDA has examined the impacts of the 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 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 this final rule allows new voluntary
behavior and imposes no additional restrictions on current practices,
the agency certifies that the final rule will 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 $127,000,000, using the most current (2006) Implicit
Price Deflator for the Gross Domestic Product. FDA does not expect this
final rule to result in any one-year expenditure that would meet or
exceed this amount.
    FDA received no comments relevant to economic impact. The costs and
benefits of available regulatory alternatives analyzed in the IFR (73
FR 9938 at 9944 and 9945) are adopted, without change, in this final
rule. By now affirming that IFR, FDA has not imposed any new
requirements. Therefore, there are no additional costs and benefits
associated with this final rule.

IV. Environmental Impact

    The agency has determined under 21 CFR 25.32(p) 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. Paperwork Reduction Act

    FDA concludes that the labeling provisions of this final rule are
not subject to review by the Office of Management and Budget because
they do not constitute a ``collection of information'' under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Rather, the food
labeling health claim on the association between consumption of barley
betafiber and reduced risk of coronary heart disease is a ``public
disclosure of information originally supplied by the Federal Government
to the recipient for the purpose of disclosure to the public'' (5 CFR
1320.3(c)(2)).

VI. Federalism

    FDA has analyzed this final rule in accordance with the principles
set forth in Executive Order 13132. FDA has determined that the rule
will have a preemptive effect on State law. Section 4(a) of the
Executive order requires agencies to ``construe * * * a Federal statute
to preempt State law only where the statute contains an express
preemption provision or there is some other clear evidence that the
Congress intended preemption of State law, or where the exercise of
State authority conflicts with the exercise of Federal authority under
the Federal statute.'' Section 403A of the act (21 U.S.C. 343-1) is an
express preemption provision. Section 403A(a)(5) of the act provides
that ``* * * no State or political subdivision of a State may directly
or indirectly establish under any authority or continue in effect as to
any food in interstate commerce--* * * any requirement respecting any
claim of the type described in section 403(r)(1) made in the label or
labeling of food that is not identical to the requirement of section
403(r). * * *''
    On February 25, 2008, FDA published an IFR which imposed
requirements under section 403(r) of the act. This final rule affirms
the February 25, 2008, amendment to the existing food labeling
regulations to add barley betafiber to the authorized health claim for
soluble fiber from certain foods and CHD. Although this rule has a
preemptive effect in that it precludes States from issuing any health
claim labeling requirements for barley betafiber and reduced risk of
CHD that are not identical to those required by this final rule, this
preemptive effect is consistent with what Congress set forth in section
403A of the act. Section 403A(a)(5) of the act displaces both State
legislative requirements and State common law duties (Riegel v.
Medtronic, 128 S. Ct. 999 (2008)).
    FDA believes that the preemptive effect of this final rule is
consistent with Executive Order 13132. Section 4(e) of the Executive
order provides that ``when an agency proposes to act through
adjudication or rulemaking to preempt State law, the agency shall
provide all affected State and local officials notice and an
opportunity for appropriate participation in the proceedings.'' On
December 12, 2007, FDA's Division of Federal and State Relations
provided notice via fax and e-mail transmission to State health
commissioners, State agriculture commissioners, food program directors,
and drug program directors, as well as FDA field personnel, of FDA's
intent to amend the health claim regulation authorizing health claims
for soluble fiber from certain foods and CHD (Sec.  101.81).
    In addition, the agency sought input from all stakeholders through
publication of the IFR in the Federal Register on February 25, 2008.
FDA received one comment from the Commonwealth of Kentucky, which noted
that FDA's ruling on the health claim would not adversely affect the
State's actions or conflict with any State laws.
    In conclusion, the agency believes that it has complied with all of
the applicable requirements of Executive Order 13132 and has determined
that the preemptive effects of this rule are consistent with the
Executive order.

List of Subjects in 21 CFR Part 101

    Food labeling, Nutrition, 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
101 is amended as follows:

PART 101--FOOD LABELING

0
Accordingly, the interim final rule amending Sec.  101.81 that was
published in the Federal Register of February 25, 2008 (73 FR 9938), is
adopted as a final rule, without change.

    Dated: August 7, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-18863 Filed 8-14-08; 8:45 am]

BILLING CODE 4160-01-S