[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12908-12910]
[FR Doc No: 2016-05491]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-0268]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for Industry
on Individual Patient Expanded Access Applications: Form FDA 3926

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April
11, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-New and
title ``Individual Patient Expanded Access Applications: Form FDA
3926.'' Also include the FDA docket number found in brackets in the
heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry on Individual Patient Expanded Access
Applications: Form FDA 3926--OMB Control Number 0910--NEW

I. Background

    In the Federal Register of February 10, 2015 (80 FR 7318), FDA
announced the availability of a draft guidance for industry entitled
``Individual Patient Expanded Access Applications: Form FDA 3926.'' In
the draft guidance, FDA provided draft Form FDA 3926 (Individual
Patient Expanded Access--Investigational New Drug Application (IND)) at
Appendix 1 and described this draft form, which FDA stated it intended
to make available for licensed physicians to use for expanded access
requests for individual patient INDs as an alternative to Form FDA 1571
(Investigational New Drug Application (IND)).
    As described in the final guidance, Form FDA 3926 provides a
streamlined means to request expanded access to an investigational drug
outside of a clinical investigation, or to an approved drug where
availability is limited by a risk evaluation and mitigation strategy
(REMS), for an individual patient who has a serious or immediately
life-threatening disease or condition and there is no comparable or
satisfactory alternative therapy to diagnose, monitor, or treat the
disease or condition. Form FDA 3926 may also be used for certain
followup submissions to an individual patient expanded access IND.
    FDA may permit expanded access to an investigational new drug
outside of a clinical investigation, or to an approved drug where
availability is limited by a REMS, for an individual patient when the
applicable criteria in Sec.  312.305(a) (21 CFR 312.305(a)) (which
apply to all types of expanded access) and the criteria in Sec.
312.310(a) (21 CFR 312.310(a)) (which apply specifically to individual
patient expanded access, including for emergency use) are met. The
physician may satisfy some of the submission requirements by referring
to information in an existing IND, ordinarily the one held by the
investigational drug's manufacturer, if the physician obtains
permission from that IND holder. If permission is obtained, the
physician should then provide to FDA a letter of authorization (LOA)
from the existing IND holder that permits FDA to reference that IND.
    Section 312.305(b) sets forth the submission requirements for all
types of expanded access requests. One of the requirements under Sec.
312.305(b)(2) is that a ``cover sheet'' must be included ``meeting the
requirements of Sec.  312.23(a).'' This provision applies to several
types of submissions under 21 CFR part 312, ranging from commercial
INDs under Sec.  312.23 that involve large groups of patients enrolled
in clinical trials to requests from physicians to use an
investigational drug for an individual patient. Form FDA 1571 is
currently used by sponsors for all types of IND submissions to meet the
requirements in Sec.  312.23(a). FDA intends to accept submission of a
completed Form FDA 3926 to comply with the IND submission requirements
in Sec. Sec.  312.23, 312.305(b), and 312.310(b). FDA intends to
consider a completed Form FDA 3926 with the box in Field 10 checked and
the form signed by the physician to be a request in accordance with
Sec.  312.10 for a waiver of any additional requirements in part 312
for an IND submission, including additional information currently
provided in Form FDA 1571 and Form FDA 1572 (Statement of Investigator,
which provides the identity and qualifications of the investigator
conducting the clinical investigation).
    Under Sec.  312.310(d), in an emergency situation that requires the
patient to be treated before a written submission can be made, the
request to use the investigational drug for individual patient expanded
access may be made by telephone (or other rapid means of communication)
to the appropriate FDA review division. Authorization of the emergency
use may be given by an FDA official over the telephone, provided the
physician explains how the expanded access use will meet the
requirements of Sec. Sec.  312.305 and 312.310 and agrees to submit an
expanded access application within 15 working days of FDA's initial
authorization of the expanded access use (Sec.  312.310(d)). The
physician may choose to use Form FDA 3926 for the expanded access
application.
    As explained in the instructions for Form FDA 3926, the following
information would be submitted to FDA by those using Form FDA 3926:
     Initials for the patient and date of submission.
     Type of submission (initial or followup submission).
     Clinical information, including indication, brief clinical
history of the patient (age, gender, weight, allergies, diagnosis,
prior therapy, response to prior therapy), and the reason for

requesting the proposed treatment, including an explanation of why the
patient lacks other therapeutic options.
     Treatment information, including the investigational
drug's name and the name of the entity supplying the drug (generally
the manufacturer), the applicable FDA review division (if known), and
the treatment plan. This should include the planned dose, route and
schedule of administration, planned duration of treatment, monitoring
procedures, and planned modifications to the treatment plan in the
event of toxicity.
     LOA, generally obtained from the entity that is the
sponsor of the IND (e.g., commercial sponsor/drug manufacturer) being
referenced, if applicable.
     Physician's qualification statement. An appropriate
statement includes medical school attended, year of graduation, medical
specialty, state medical license number, current employment, and job
title. Alter na tively, the relevant portion of the physician's
curriculum vitae may be attached.
     Physician's contact information, including name, physical
address, email address, telephone number, facsimile number, and
physician's IND number, if previously issued by FDA.
     Contents of submission (for followup/additional
submissions), including the type of submission being made. FDA intends
to accept Form FDA 3926 for certain followup/additional submissions,
which include the following: Initial Written IND Safety Report (Sec.
312.32(c)); Follow-up to a Written IND Safety Report (Sec.  312.32(d));
Annual Report (Sec.  312.33); Summary of Expanded Access Use (treatment
completed) (Sec.  312.310(c)(2)); Change in Treatment Plan (Sec.
312.30); General Correspondence or Response to FDA Request for
Information (Sec.  312.41); and Response to Clinical Hold (Sec.
312.42(e)).
     Request for authorization to use Form FDA 3926 for
individual patient expanded access application.
     Signature of the physician certifying that treatment will
not begin until 30 days after FDA receives the completed application
and all required material unless the submitting physician receives
earlier notification from FDA that the treatment may proceed. The
physician agrees not to begin or continue clinical investigations
covered by the IND if those studies are placed on clinical hold. The
physician also certifies that informed consent will be obtained in
compliance with Federal requirements (including FDA's regulations in 21
CFR part 50) and that an institutional review board (IRB) that complies
with all Federal requirements (including FDA's regulations in 21 CFR
part 56) will be responsible for initial and continuing review and
approval of the expanded access use. The physician also acknowledges
that in the case of an emergency request, treatment may begin without
prior IRB approval, provided the IRB is notified of the emergency
treatment within 5 working days of treatment. The physician agrees to
conduct the investigation in accordance with all other applicable
regulatory requirements.
    In the Federal Register of February 10, 2015 (80 FR 7318), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Twelve comments were received. However, FDA
received no comments concerning the accuracy of FDA's estimate of the
burden of the proposed collection of information. FDA received several
comments on ways to enhance the quality, utility, and clarity of FDA
Form 3926 through, for example, the addition of instructions for
completing the form and use of the form for certain followup
submissions.
    (Comment 1) Five comments requested instructions, clarification, or
directions concerning the use and submission of Form FDA 3926.
    (Response) FDA updated instructions based on information originally
included in the draft guidance that will be provided in conjunction
with final Form FDA 3926. Clarifying language on form fields has been
added to the instructions and the guidance.
    (Comment 2) One comment asked for clarification regarding Field 1
of Form FDA 3926 to indicate that the requesting physician should
provide this information (not the patient).
    (Response) Clarification on Field 1 has been added to the form
instructions to state that the patient need not initial the form. This
is to indicate that the requesting physician should enter the patient's
initials.
    (Comment 3) One comment stated that the information requested in
Field 3 of draft Form FDA 3926 could become lengthy to complete and
asked if a PDF could be attached to the form to provide this
information.
    (Response) This information is now requested in Field 5. Field 5
has been enlarged to accommodate more handwritten information. The
space also has been updated to allow expansion when information is
entered electronically in the fillable PDF. Clarifying language has
been added to the form and instructions.
    (Comment 4) Three comments requested electronic submission
capability to expedite applications.
    (Response) FDA is determining whether electronic submissions are
feasible. FDA intends to provide additional information via its Web
site should this become an option.
    (Comment 5) Several comments concerned the use of FDA Form 3926 for
followup submissions. One comment suggested that FDA develop a new form
for followup submissions (rather than requiring the use of Form FDA
1571). Three comments asked that instructions be developed for ongoing
patient reporting (i.e., followup submissions).
    (Response) FDA has revised the guidance, instructions, and Form FDA
3926 so that the form may be used instead of Form FDA 1571 for certain
followup submissions to an existing single patient expanded access IND.
Form FDA 3926, the instructions, and the guidance identify the types of
followup submissions that qualify and provide additional information on
how to use Form FDA 3926 for such submissions.

II. Burden Estimate

    As discussed previously in this document, Form FDA 3926 will be
available for licensed physicians to use as a streamlined means to
request expanded access to an investigational drug outside of a
clinical investigation, or to an approved drug where availability is
limited by a REMS, for an individual patient who has a serious or
immediately life-threatening disease or condition and there is no
comparable or satisfactory alternative therapy to diagnose, monitor, or
treat the disease or condition, and to submit certain followup reports.
One of the requirements under Sec.  312.305(b)(2) is that a ``cover
sheet'' must be included ``meeting the requirements of Sec.
312.23(a).'' This provision applies to several types of submissions
under part 312, ranging from commercial INDs under Sec.  312.23 that
involve large groups of patients enrolled in clinical trials to
requests from physicians to use an investigational drug for an
individual patient. Form FDA 1571 is currently used by sponsors for all
types of IND submissions. However, FDA is concerned that physicians
requesting expanded access for an individual patient may have
encountered difficulty in completing Form FDA 1571 and the associated
documents because the form is not tailored to requests for individual
patient expanded access.
    The submission requirements for all types of expanded access
requests for investigational drugs are provided under Sec.  312.305(b)
of FDA's expanded access regulations. Additional submission
requirements for individual

patient expanded access requests are provided under Sec.  312.310(b),
and the requirements for requesting individual patient expanded access
for emergency use are provided under Sec.  312.310(d). FDA currently
has OMB approval under control number 0910-0014 for individual patient
expanded access information collection under Sec. Sec.  312.305(b),
312.310(b), and 312.310(d). The submission requirements concerning the
use of Form FDA 3926 for certain followup reports are provided under
Sec. Sec.  312.32(c), 312.32(d), 312.33, 312.310(c)(2), 312.30, 312.41,
and 312.42(e).
    The estimates for ``number of respondents,'' ``number of responses
per respondent,'' and ``total annual responses'' were obtained from the
Center for Drug Evaluation and Research (CDER) reports and data
management systems and from other sources familiar with the number of
submissions received for individual patient expanded access use under
part 312. The estimates for ``average burden per response'' were based
on information provided by CDER and other Department of Health and
Human Services personnel who are familiar with preparing and reviewing
expanded access submissions by practicing physicians.
    Based on data for the number of submissions to FDA during 2011,
2012, and 2013, we originally estimated that approximately 790 licensed
physicians would use Form 3926 to submit 1.46 requests per physician
(respondent) for individual patient expanded access, for a total of
1,153 responses annually. In response to comments received, FDA
clarifies in the final guidance and in the form instructions that
licensed physicians may also use Form FDA 3926 for certain followup
submissions. Based on data for the number of followup submissions
during 2011, 2012, and 2013, FDA estimates that about 790 physicians
will each use Form FDA 3926 to submit 1.57 followup submissions per
physician, for approximately 1,241 followup responses annually. Based
on these estimates, FDA calculates the total annual responses to be
2,394 (1,153 requests for individual patient expanded access and 1,241
followup submissions) by 790 physicians for an average of 3.03
responses per respondent. FDA estimates the average burden per response
to be 45 minutes (0.75 hour). Based on this estimate, FDA calculates
the total burden to be 1,795 hours. Under OMB control number 0910-0014,
FDA currently has OMB approval of 17,592 hours for these submissions.
The use of FDA Form 3926 will reduce the current burden by 15,797
hours.
    FDA estimates the burden of this collection of information as
follows:

                                                      Table 1--Estimated Annual Reporting Burden 1
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                                                                      Number of
 Guidance on individual patient expanded access      Number of      responses per     Total annual       Average burden per response       Total hours
           applications: Form FDA 3926              respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Expanded access submission for treatment of an               790             3.03            2,394   0.75 (45 minutes).................           1,795
 individual patient, including submission of
 Form FDA 3926.
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: March 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-05491 Filed 3-10-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27557-27558]
[DOCID:fr16my07-68]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8315-5]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given
of a proposed settlement agreement, to address a lawsuit filed by the
New Jersey Department of Environmental Protection (``NJDEP''): NJDEP v.
Johnson, No. 07-0612 (D. N.J.). On July 21, 2006, NJDEP filed a
deadline suit to compel the Administrator to respond to a petition
seeking EPA's objection to the issuance of a revised CAA Title V
operating permit to Reliant Energy Mid-Atlantic Power Holdings LLC for
its Portland Generating Station in Pennsylvania. Under the terms of the
proposed settlement agreement, EPA has agreed to respond to NJDEP's
petition by June 20, 2007.

DATES: Written comments on the proposed consent decree must be received
by June 15, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0413, online at http://www.regulations.gov (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,

Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: David Orlin, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    NJDEP submitted a petition to the Administrator of the
Environmental Protection Agency pursuant to CAA section 505(b)(2),
requesting that he object to issuance of a Title V operating permit to
Reliant Energy Mid-Atlantic Power Holdings LLC for its Portland
Generating Station in Pennsylvania. Under the terms of the proposed
settlement agreement, EPA shall grant or deny NJDEP's petition no later
than June 20, 2007, and NJDEP shall dismiss its complaint with
prejudice. The Court will retain jurisdiction to resolve any claim for
the costs of litigation (including attorneys' fees).
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
settlement agreement if the comments disclose facts or considerations
that indicate that such consent is inappropriate, improper, inadequate,
or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice determines, based on any comment which may be
submitted, that consent to the settlement agreement should be
withdrawn, the terms of the settlement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement
Agreement.

A. How Can I Get a Copy of the Settlement Agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2007-0413) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the www.regulations.gov to submit or

view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change, unless

the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments to EPA

electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through
http://www.regulations.gov, your e-mail address is automatically captured and

included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: May 11, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-9417 Filed 5-15-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Notices]
[Page 22611]
[FR Doc No: 2022-08073]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94679; File No. SR-PEARL-2022-03]

Self-Regulatory Organizations; MIAX PEARL LLC; Notice of
Withdrawal of Proposed Rule Change To Amend the MIAX PEARL Options Fee
Schedule To Adopt a Tiered-Pricing Structure for Certain Connectivity
Fees

April 11, 2022.
    On February 1, 2022, MIAX PEARL LLC (``MIAX Pearl'' or
``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 amend the MIAX Pearl Options Fee Schedule to
adopt a tiered-pricing structure for certain connectivity fees.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    The proposed rule change was immediately effective upon filing with
the Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ On
February 22, 2022, the proposed rule change was published for comment
in the Federal Register and, pursuant to Section 19(b)(3)(C) of the
Act,\4\ the Commission: (1) Temporarily suspended the proposed rule
change; and (2) instituted proceedings under Section 19(b)(2)(B) of the
Act \5\ to determine whether to approve or disapprove the proposed rule
change.\6\ On March 30, 2022, the Exchange withdrew the proposed rule
change (SR-PEARL-2022-03).
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    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 15 U.S.C. 78s(b)(3)(C).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 94258 (February 15,
2022), 87 FR 9659.

    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)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-08073 Filed 4-14-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Rules and Regulations]
[Page 9095-9097]
[DOCID:fr01mr10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30711; Amdt. No. 3362]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain

airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 1, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 1, 2010.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125);
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs areimpracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3)does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on February 19, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 8 APR 2010

Atka, AK, Atka, GPS-A, Orig, CANCELLED
Atka, AK, Atka, RNAV (GPS)-A, Orig
Brewton, AL, Brewton Muni, VOR/DME RWY 30, Amdt 8
Ozark, AR, Ozark-Franklin County, VOR/DME-A, Amdt 4
San Diego, CA, Montgomery Field, ILS OR LOC RWY 28R, Amdt 4
San Diego, CA, Montgomery Field, RNAV (GPS) RWY 28R, Amdt 1
Hayden, CO, Yampa Valley, ILS OR LOC/DME Y RWY 10, Amdt 3
Hayden, CO, Yampa Valley, RNAV (GPS) RWY 28, Amdt 1
Hayden, CO, Yampa Valley, RNAV (GPS) Y RWY 10, Amdt 2
Hayden, CO, Yampa Valley, RNAV (RNP) Z RWY 10, Amdt 1
Windsor Locks, CT, Bradley Intl, ILS OR LOC RWY 24, ILS RWY 24 (CAT
II), Amdt 11
Windsor Locks, CT, Bradley Intl, RNAV (GPS) RWY 24, Amdt 2
Fort Pierce, FL, St Lucie County Intl, RNAV (GPS) RWY 32, Orig
Okeechobee, FL, Okeechobee County, RNAV (GPS) RWY 5, Amdt 1
Okeechobee, FL, Okeechobee County, RNAV (GPS) RWY 14, Orig
Okeechobee, FL, Okeechobee County, RNAV (GPS) RWY 23, Amdt 1
Okeechobee, FL, Okeechobee County, RNAV (GPS) RWY 32, Orig
Stuart, FL, Witham Field, GPS RWY 12, Orig, CANCELLED
Stuart, FL, Witham Field, GPS RWY 30, Amdt 1, CANCELLED
Stuart, FL, Witham Field, RNAV (GPS) RWY 12, Orig
Stuart, FL, Witham Field, RNAV (GPS) RWY 30, Orig
Lagrange, GA, Lagrange-Callaway, ILS OR LOC RWY 31, Amdt 2
Lagrange, GA, Lagrange-Callaway, RNAV (GPS) RWY 3, Orig
Lagrange, GA, Lagrange-Callaway, RNAV (GPS) RWY 13, Orig
Lagrange, GA, Lagrange-Callaway, RNAV (GPS) RWY 31, Orig
Lagrange, GA, Lagrange-Callaway, VOR RWY 13, Amdt 16
Lagrange, GA, Lagrange-Callaway, VOR/DME RNAV OR GPS RWY 31, Amdt 3,
CANCELLED
Winder, GA, Barrow County, NDB RWY 31, Amdt 9
Winder, GA, Barrow County, Takeoff Minimums and Obstacle DP, Amdt 1
Clinton, IA, Clinton Muni, GPS RWY 14, Amdt 1A, CANCELLED
Clinton, IA, Clinton Muni, GPS RWY 32, Amdt 1B, CANCELLED
Clinton, IA, Clinton Muni, RNAV (GPS) RWY 14, Orig
Clinton, IA, Clinton Muni, RNAV (GPS) RWY 32, Orig
Guthrie Center, IA, Guthrie County Rgnl, GPS RWY 36, Orig, CANCELLED
Guthrie Center, IA, Guthrie County Rgnl, RNAV (GPS) RWY 18, Orig
Guthrie Center, IA, Guthrie County Rgnl, RNAV (GPS) RWY 36, Orig
Tipton, IA, Mathews Memorial, GPS RWY 11, Orig, CANCELLED
Tipton, IA, Mathews Memorial, RNAV (GPS) RWY 11, Orig
Tipton, IA, Mathews Memorial, Takeoff Minimums and Obstacle DP, Amdt
1
Vinton, IA, Vinton Veterans Memorial Arpk, GPS RWY 9, Orig,
CANCELLED
Vinton, IA, Vinton Veterans Memorial Arpk, GPS RWY 27, Orig,
CANCELLED
Vinton, IA, Vinton Veterans Memorial Arpk, RNAV (GPS) RWY 9, Orig
Vinton, IA, Vinton Veterans Memorial Arpk, RNAV (GPS) RWY 27, Orig
Washington, IA, Washington Muni, GPS RWY 18, Orig, CANCELLED
Washington, IA, Washington Muni, GPS RWY 36, Orig, CANCELLED
Washington, IA, Washington Muni, RNAV (GPS) RWY 18, Orig
Washington, IA, Washington Muni, RNAV (GPS) RWY 36, Orig
Washington, IA, Washington Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Washington, IA, Washington Muni, VOR/DME RNAV OR GPS RWY 31, Amdt
4B, CANCELLED
McCall, ID, McCall Muni, RNAV (GPS) RWY 16, Orig
McCall, ID, McCall Muni, RNAV (GPS) Y RWY 34, Amdt 1
McCall, ID, McCall Muni, RNAV (GPS) Z RWY 34, Orig
Olney/Noble, IL, Olney/Noble, NDB RWY 3, Amdt 13
Olney/Noble, IL, Olney/Noble, RNAV (GPS) RWY 3, Orig
Olney/Noble, IL, Olney/Noble, RNAV (GPS) RWY 11, Orig
Olney/Noble, IL, Olney/Noble, Takeoff Minimums and Obstacle DP, Orig
Olney/Noble, IL, Olney/Noble, VOR/DME-A, Amdt 9
Alexandria, LA, Alexandria Intl, ILS OR LOC/DME RWY 14, Amdt 1
Alexandria, LA, Alexandria Intl, RNAV (GPS) RWY 14, Amdt 1
Alexandria, LA, Esler Rgnl, ILS OR LOC/DME RWY 27, Amdt 15
Alexandria, LA, Esler Rgnl, NDB RWY 27, Amdt 1
Alexandria, LA, Esler Rgnl, RNAV (GPS) RWY 9, Amdt 1
Alexandria, LA, Esler Rgnl, RNAV (GPS) RWY 27, Amdt 1
Alexandria, LA, Esler Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2
Beverly, MA, Beverly Muni, LOC RWY 16, Amdt 7
Pittsfield, MA, Pittsfield Muni, GPS RWY 8, Amdt 1, CANCELLED
Pittsfield, MA, Pittsfield Muni, GPS RWY 26, Orig, CANCELLED
Pittsfield, MA, Pittsfield Muni, RNAV (GPS) RWY 8, Orig
Pittsfield, MA, Pittsfield Muni, RNAV (GPS) RWY 26, Orig
Hattiesburg/Laurel, MS, Hattiesburg-Laurel Rgnl, ILS OR LOC RWY 18,
Amdt 7
Madison, MS, Bruce Campbell Field, GPS RWY 17, Orig, CANCELLED
Madison, MS, Bruce Campbell Field, RNAV (GPS) RWY 17, Orig
Madison, MS, Bruce Campbell Field, Takeoff Minimum and Obstacle DP,
Amdt 1
Meridian, MS, Key Field, ILS OR LOC RWY 1, Amdt 25
Meridian, MS, Key Field, RNAV (GPS) RWY 1, Amdt 2
Newark, NJ, Newark Liberty Intl, GLS RWY 4L, Orig
Newark, NJ, Newark Liberty Intl, GLS RWY 4R, Orig
Ithaca, NY, Ithaca Tompkins Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 5
Clinton, OK, Clinton-Sherman, GPS RWY 17R, Orig-B, CANCELLED
Clinton, OK, Clinton-Sherman, GPS RWY 35L, Orig-A, CANCELLED
Clinton, OK, Clinton-Sherman, RNAV (GPS) RWY 17R, Orig
Clinton, OK, Clinton-Sherman, RNAV (GPS) RWY 35L, Orig
Hobart, OK, Hobart Rgnl, RNAV (GPS) RWY 17, Amdt 2
Hobart, OK, Hobart Rgnl, RNAV (GPS) RWY 35, Amdt 2
Georgetown, SC, Georgetown County, RNAV (GPS) RWY 23, Amdt 1
Del Rio, TX, Del Rio Intl, ILS OR LOC RWY 13, Orig
Del Rio, TX, Del Rio Intl, LOC RWY 13, Amdt 2, CANCELLED
Del Rio, TX, Del Rio Intl, RNAV (GPS) RWY 13, Amdt 2
El Paso, TX, El Paso Intl, RADAR-1, Amdt 14
El Paso, TX, El Paso Intl, VOR RWY 26L, Amdt 31
Lubbock, TX, Lubbock Preston Smith Intl, ILS OR LOC RWY 17R, Amdt 17
Lubbock, TX, Lubbock Preston Smith Intl, Takeoff Minimums and
Obstacle DP, Orig
Richmond, VA, Richmond Intl, Takeoff Minimums and Obstacle DP, Amdt
1
Kelso, WA, Southwest Washington Rgnl, GPS RWY 12, Orig, CANCELLED
Kelso, WA, Southwest Washington Rgnl, NDB-A, Amdt 6
Kelso, WA, Southwest Washington Rgnl, RNAV (GPS) RWY 12, Orig
Kelso, WA, Southwest Washington Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 3
Charleston, WV, Yeager, ILS OR LOC RWY 5, Amdt 7
Charleston, WV, Yeager, ILS OR LOC RWY 23, Amdt 30
Charleston, WV, Yeager, RNAV (GPS) RWY 5, Orig
Charleston, WV, Yeager, RNAV (GPS) RWY 23, Orig
Charleston, WV, Yeager, Takeoff Minimums and Obstacle DP, Amdt 8
Charleston, WV, Yeager, VOR-A, Amdt 13
Rawlins, WY, Rawlins Muni/Harvey Field, NDB OR GPS-A, Amdt 9B,
CANCELLED
Rawlins, WY, Rawlins Muni/Harvey Field, RNAV (GPS) RWY 22, Orig
Rawlins, WY, Rawlins Muni/Harvey Field, VOR/DME RWY 22, Amdt 2

[FR Doc. 2010-3935 Filed 2-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Page 45413]
[FR Doc No: 2023-15050]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-715-000.
    Applicants: Midship Pipeline Company, LLC.
    Description: Midship Pipeline Company, LLC submits Response to the
June 27, 2023, Data Request re the Cost and Revenue Study.
    Filed Date: 7/10/23.
    Accession Number: 20230710-5053.
    Comment Date: 5 p.m. ET 7/24/23.

    Docket Numbers: RP23-891-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--UGI to
Colonial 8984394 eff 7-12-23 to be effective 7/12/2023.
    Filed Date: 7/11/23.
    Accession Number: 20230711-5066.
    Comment Date: 5 p.m. ET 7/24/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) 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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 11, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15050 Filed 7-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Proposed Rules]
[Pages 11415-11417]
[FR Doc No: 2011-4734]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2011-0027]
RIN 2127-AK52

Federal Motor Vehicle Safety Standards; Power-Operated Window,
Partition, and Roof Panel Systems

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

ACTION: Withdrawal of notice of proposed rulemaking.

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

SUMMARY: This document withdraws a notice of proposed rulemaking issued
pursuant to the Cameron Gulbransen Kids Transportation Safety Act of
2007. The Act directed NHTSA to initiate a rulemaking to consider
requirements for automatic reversal systems (ARS) for power windows and
to make a final decision. The agency has decided not to issue a final
rule adopting any such new requirements and instead to terminate
rulemaking.

DATES: Effective March 2, 2011, the proposed rule published September
1, 2009, at 74 FR 45143 is withdrawn.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call
Michael Pyne, NHTSA Office of Avoidance Standards, telephone 202-366-
1810. For legal issues, you may call J. Edward Glancy, NHTSA Office of
Chief Counsel, telephone<PHONE_NUMBER>. You may send mail to these
officials at the National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., West Building, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: For the reasons set forth below, we have
decided not to issue a final rule adopting any new requirements for
automatic reversal systems (ARS) and are withdrawing our 2009 proposal
regarding ARS. This document explains our decision.
    The Cameron Gulbransen Kids Transportation Safety Act of 2007 (K.
T. Safety Act) directed the Secretary of Transportation to initiate a
rulemaking to consider requiring all power windows and panels on light
motor vehicles to stop closing and reverse direction automatically when
they detect an obstruction, to prevent children and others from being
trapped, injured, or killed. It also provided the Secretary with
discretion whether to issue a final rule. It stated that if the
Secretary determines that additional safety requirements are
reasonable, practicable and appropriate, the Secretary shall issue
those requirements. Alternatively, it stated if the Secretary
determines that no additional safety requirements meet those criteria,
the Secretary shall report to Congress on the reasons for not issuing
such requirements.
    In response to the K. T. Safety Act, the Department's National
Highway Traffic Safety Administration (NHTSA) published in the Federal
Register (74 FR 45143; September 1, 2009) a notice of proposed
rulemaking (NPRM) proposing new requirements for ARS. The proposal
discussed the agency's analysis of the injuries and fatalities related
to power windows and the performance requirements that the agency had
recently adopted for safer power window switches. The benefits of the
safer switches rules will be increasingly realized as vehicles with
``safer switches'' replace older vehicles lacking them.
    After the agency analyzed and considered the benefits and costs of
installing ARS for all types of vehicle windows in developing the NPRM,
NHTSA decided to propose requiring ARS on only one type of power

window, i.e., ``express-up'' or ``one-touch closing'' power windows.
These windows close without continuous actuation of the window switch
by a person. NHTSA also sought comments on requiring ARS for other
power windows, and explained that the agency could include such a
requirement in a final rule at the end of this rulemaking proceeding.
The agency provided estimates of the costs and benefits of the proposal
and a number of other regulatory alternatives. NHTSA also announced
that it would begin providing consumers with information regarding
which vehicles are equipped with ARS at http://www.safercar.gov by
October 2009.
    In response to its proposal, NHTSA received comments from vehicle
manufacturer associations, suppliers, safety advocacy organizations,
members of Congress and individuals. Vehicle manufacturers supported
the proposal. In contrast, several safety advocacy organizations,
several suppliers, and a number of individuals urged that the agency
require ARS for all power windows. The members of Congress said that
they believed that the agency's proposal would not sufficiently achieve
the Congressional intent of protecting children and asked the agency to
review and take fully into account additional data submitted by
commenters about the frequency of injuries and deaths involving power
windows.
    Before reaching a final decision, we carefully considered all of
the public comments. Among other things, we considered data from a
survey conducted for and submitted by a safety organization relating to
the incidence of minor injuries. We also considered cost estimates
provided by a supplier. In the NPRM, we noted that because the agency's
estimates of less severe injuries were primarily based on emergency
room data, those estimates likely represented a floor rather than a
ceiling. The survey data indicate that there are a substantial number
of minor injuries, although the survey does not allow us to estimate
the number of minor injuries on an annual basis.
    We attempted to calculate the number of each type of injury based
on information from multiple sources, including mortality data,
hospital emergency department records, the agency's Special Crash
Investigations program, and survey information submitted during the
comment period. For the purpose of making these calculations, we
grouped power window injuries into two main categories.
    First, there are a very small number of critical and fatal power
window injuries resulting from an occupant's (usually a young child)
being strangled or having his or her chest compressed when trapped by a
closing power window. Most of these critical and fatal injuries have
occurred in older vehicles with unsafe switches. They happened as a
result of an occupant's kneeling or leaning on a window switch in a
vehicle with unprotected window switches, causing inadvertent window
closings. This category of injuries has been addressed by our rules
requiring safer switches. New vehicles with safety switches are
steadily replacing the older vehicles without such switches, thus also
steadily eliminating this category of injuries.
    Second, there is a much larger number of less serious, mostly
minor, injuries, most often resulting from a power window's closing on
a person's finger or hand. In these cases, the window is intentionally
activated (presumably by the driver). The most common injuries involve
the pinching of fingers.
    Given our present understanding of the data about the nature,
source, and number of power window injuries, we believe that there are
very few fatalities or serious injuries that any additional
requirements for ARS could mitigate or prevent. They would instead
address primarily ``finger-pinch'' type injuries.
    There is considerable uncertainty about benefits estimates,
particularly with respect to preventing or mitigating the less serious,
mostly minor, injuries involving a power window closing on a person's
finger or hand. The agency has no data to indicate just how effective
ARS is in reducing finger-pinch type injuries, because the number of
finger-pinch type injuries is not collected in any data source. While
the available information suggests that there may be a relatively large
number of these injuries, we do not know how many occur annually; the
survey results do not include or enable us to make a reliable estimate.
The only information we have about the severity of those injuries is
that in a survey respondent population of 1,001 people, 3 out of 33
people injured sometime in their lifetime indicated that they had
sought medical attention for a power window related injury, indicating
that this was a very minor injury for most. The company that conducted
the survey did not ask those respondents about the nature of their
injury, the type or model year of vehicle and the type of power window
involved, or the seating position they were occupying at the time of
their injury. Thus, we do not have clear information about the severity
or source of these injuries.
    Further, there is substantial uncertainty as to the proper way of
valuing them for purposes of analyzing benefits and costs. For the
NPRM, we did not have a method for valuing the cost of minor, non-crash
injuries and so instead assumed values based on the comprehensive costs
for persons who are injured in crashes ($16,799 for person whose
maximum injury level was a minor injury). However, this approach had
the effect of overstating the value because the costs associated with a
person who experiences a minor ``finger-pinch'' type injury are not
comparable to the costs associated with a person who is injured in a
crash. In the latter situation, the person's entire body is typically
exposed to crash forces, and the average person experiencing minor
injuries in a crash has more than one such injury. The agency still
does not have a generally accepted method for valuing the much lower
cost of these more minor, non-crash injuries.
    We also considered the possibility of people being entrapped
without being injured. While entrapment without an injury is
theoretically possible, e.g., in situations of partial window
enclosure, we are not aware of any evidence that this is an actual
problem.
    In reaching a final decision regarding this rulemaking, we
considered the statutory provision providing that the Department is to
issue a final rule in this area only if it determines that additional
safety standards are reasonable, practicable, and appropriate.
    After considering the comments and available data, we have
determined for the reasons stated above that there is not sufficient
information to make a determination at this time that a requirement for
ARS for power windows that do not already have this feature would, or
would not, be reasonable, practicable and appropriate. Such a rule
would be costly, but we cannot determine with any certainty whether the
costs would be reasonable given the potential benefits. Those benefits
would almost wholly consist of an uncertain number of minor injuries.
    We also considered an alternative approach of requiring automakers
to continue their currently voluntary practice of providing ARS for
``express-up'' or ``one-touch closing'' power windows and to specifying
an ARS test requirement. The alternative we proposed included an ARS
test requirement based on a United Nations Economic Commission for
Europe (ECE) regulation (R21). We believe that this alternative, if
implemented, would result in minimal benefits and nearly no costs
because vehicle manufacturers are

already voluntarily equipping their ``express-up'' or ``one-touch
closing'' power windows with ARS that are either ECE compliant or
nearly ECE compliant.
    We have also considered further whether safety would be materially
improved by adopting the proposed alternative that requires ARS for
express-up windows. Thus far, manufacturers have been voluntarily
providing ARS for all express up windows. There is no reason at present
to believe that vehicle manufacturers will discontinue this current
practice. Moreover, the benefits of specifying the ECE R21 test
requirement would be minimal. Given these considerations, adopting the
proposed rule would not, at present, advance the child safety goal of
the K. T. Safety Act. We do not read the statutory language to require
issuance of such a rule, and we have accordingly decided not to issue a
rule in this proceeding.
    We plan to monitor power window designs on new vehicles and data
relevant to power window injuries. If a new entrant in the U.S. market
began importing vehicles with express up windows lacking ARS or if a
manufacturer discontinued its current voluntary practice of providing
ARS, we would reexamine our options.
    The K. T. Safety Act specifies that if the Department does not
issue a rule requiring ARS for power windows, it must make available to
the public through the Internet and other means information indicating
which vehicles with power windows and/or panels are or are not equipped
with ARS. The Department has been or will be using several methods to
provide this information since October 2009. We have been using our
Five-Star safety rating program at http://www.safercar.gov to indicate
whether particular make-models have ARS. To improve this program and
help ensure that vehicles that are listed have effective ARS, we plan
to list vehicles as having ARS only if they have ECE compliant ARS (as
determined in a test procedure that in the near future we will place in
Docket number NHTSA--2006-26555--accessible at http://www.regulations.gov) or the slightly more stringent ARS test
requirement that we developed for power windows systems that operate
when the key is not in the ignition.
    We are also including general information about power window safety
in our ``Buying a Safer Car for Child Passengers'' brochure and at our
new Web site ``Keeping Kids Safe: Inside and Out''.\1\
---------------------------------------------------------------------------

    \1\ http://www.nhtsa.gov/Driving+Safety/Child+Safety/
Keeping+Kids+Safe:+Inside+&+Out.
---------------------------------------------------------------------------

    Based on the foregoing discussion, we are withdrawing our 2009
notice of proposed rulemaking published at 74 FR 45143 on September 1,
2009, and terminating rulemaking.

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50 and 501.8.

    Issued on: February 25, 2011.
Joseph S. Carra,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-4734 Filed 2-28-11; 11:15 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47493]
[FR Doc No: 2015-19487]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-2537]

Request for Quality Metrics; Notice of Draft Guidance
Availability and Public Meeting; Request for Comments; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of July 28, 2015 (80 FR 44973).
The document published with an incorrect docket number. This document
corrects that error.

FOR FURTHER INFORMATION CONTACT: Lisa Granger, Office of Policy,
Planning, Legislation, and Analysis, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 32, Rm. 3330, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2015-18448, appearing on page
44973, in the Federal Register of Tuesday, July 28, 2015, the following
correction is made:
    On page 44973, in the first column, in the headings section of the
document, ``[Docket No. FDA-2014-D-2537]'' is corrected to read ``FDA-
2015-D-2537''.

    Dated: August 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-19487 Filed 8-6-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Page 59787]
[FR Doc No: 2022-21385]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                 Docket Nos.                     File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    CP03-75-000.............................       9-15-2022  Kelsey Crane.
    CP03-75-002.............................
    CP03-75-003.............................
    CP03-75-004.............................
    CP05-361-000............................
    CP05-361-001............................
    CP12-509-000............................
    CP12-29-000.............................
Exempt:
    1. P-12514-000..........................       9-19-2022  U.S. Senator Mike Braun.
    2. P-14876-002..........................       9-19-2022  FERC Staff.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Email communication dated 9/8/22 from Barbi Law.

    Dated: September 27, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21385 Filed 9-30-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 13, 2008 (Volume 73, Number 115)]
[Notices]
[Page 33810-33811]
[DOCID:fr13jn08-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-414-000]

Southern Natural Gas Company; Notice of Request Under Blanket
Authorization

June 5, 2008.
    Take notice that on June 2, 2008, Southern Natural Gas Company
(``Southern''), Post Office Box 2563, Birmingham, Alabama 35202-2563,

filed in Docket No. CP08-414-000, a prior notice request pursuant to
sections 157.205, and 157.210 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act and its blanket
authority granted in Docket No. CP82-406-000 on September 1, 1982, for
authorization to replace two existing compressor units at its Gwinville
Compressor Station (``Gwinville'') with one larger unit, all as more
fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Gwinville is a critical station located at the intersection of
Southern's Franklinton-Gwinville Pipelines and Southern's South Main
Pipelines. This point in Southern's system is where the gas transported
from the Gulf of Mexico interconnects with Southern's south main
system. The two existing compressor units, 10 and 12,
which have a horsepower of 1,080 and 4,390, respectively, would be
replaced with a new Solar Taurus 70 unit to be rated at ISO 10,310 hp.
This new compressor unit is proposed to be installed in a new
compressor building, which will be immediately adjacent to Unit
12.
    Any questions regarding the application should be directed to
Patrick B. Pope, Vice President and General Counsel, Southern Natural
Gas Company, Post Office Box 2563, Birmingham, Alabama 35202-2563, at
(205) 325-7126 or Patricia S. Francis, Senior Counsel, Southern Natural
Gas Company, Post Office Box 2563, Birmingham, Alabama 35202-2563, at
(205) 325-7696.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-13255 Filed 6-12-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Rules and Regulations]
[Page 6096-6097]
[DOCID:fr08fe10-8]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

Security Zone; Escorted Vessels, Charleston, SC, Captain of the
Port Zone

CFR Correction

    In Title 33 of the Code of Federal Regulations, Parts 125 to 199,
revised as of July 1, 2009, on page 722, add Sec.  165.769 to read as
follows:

Sec.  165.769  Security Zone; Escorted Vessels, Charleston, South
Carolina, Captain of the Port

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Charleston, SC.
    Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the COTP, in the enforcement of the security
zone.
    Escorted vessel means a vessel, other than a large U.S. naval
vessel as defined in 33 CFR 165.2015, that is accompanied by one or
more Coast

Guard assets or other Federal, State or local law enforcement agency
assets clearly identifiable by lights, vessel markings, or with agency
insignia as listed below:
     Coast Guard surface or air asset displaying the Coast Guard
insifnia.
    State and/or local law enforcement asset displaying the applicable
agency markings and/or equipment associated with the agency.
    When escorted vessels are moored, dayboards or other visual
indications such as lights or buoys may be used. In all cases,
broadcast notice to mariners will be issued to advise mariners of these
restrictions.
    Minimum safe speed means the speed at which a vessel proceeds when
it is fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to minimum safe speed.
In no instance should minimum safe speed be interpreted as a speed less
than that required for a particular vessel to maintain steerageway. A
vessel is not proceeding at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (b) Regulated area. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone, Charleston, South Carolina
33 CFR 3.35-15.
    (c) Security zone. A 300-yard security zone is established around
each escorted vessel within the regulated area described in paragraph
(b) of this section. This is a moving security zone when the escorted
vessel is in transit and becomes a fixed zone when the escorted vessel
is anchored or moored. A security zone will not extend beyond the
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones
contained in Sec.  165.33 of this part applies to this section.
    (2) A vessel may request the permission of the COTP Charleston or a
designated representative to enter the security zone described in
paragraph (c) of this section. If permitted to enter the security zone,
a vessel must proceed at the minimum safe speed and must comply with
the orders of the COTP or a designated representative. No vessel or
person may enter the inner 50-yard portion of the security zone closest
to the vessel.
    (e) Notice of security zone. The COTP will inform the public of the
existence or status of the security zones around escorted vessels in
the regulated area by Broadcast Notice to Mariners. Coast Guard assets
or other Federal, State or local law enforcement agency assets will be
clearly identified by lights, vessel markings, or with agency insignia.
When escorted vessels are moored, dayboards or other visual indications
such as lights or buoys may be used.
    (f) Contact information. The COTP Charleston may be reached via
phone at<PHONE_NUMBER>. Any on scene Coast Guard or designated
representative assets may be reached via VHF-FM channel 16.

[USCG-2007-0115, 73 FR 30562, May 28, 2008]

[FR Doc. 2010-2771 Filed 2-5-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Page 51474]
[FR Doc No: 2022-17956]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Final Agency Actions on Proposed Railroad Project in
California on Behalf of the California High Speed Rail Authority

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: FRA, on behalf of the California High-Speed Rail Authority
(Authority), is issuing this notice to announce actions taken by the
Authority that are final. By this notice, FRA is advising the public of
the time limit to file a claim seeking judicial review of the actions.
The actions relate to the Stockton Diamond Grade Separation Project
(Project). These actions grant approvals for project implementation
pursuant to the National Environmental Policy Act (NEPA) and other
laws, regulations, and executive orders.

DATES: A claim seeking judicial review of the agency actions on the
Project will be barred unless the claim is filed on or before August
21, 2024. If Federal law later authorizes a time period of less than 2
years for filing such claim, then that shorter time period applies.

FOR FURTHER INFORMATION CONTACT:
    For the Authority: Scott Rothenberg, NEPA Assignment Manager,
Environmental Services, California High-Speed Rail Authority,
telephone:<PHONE_NUMBER>; email: [email protected].
    For San Joaquin Regional Rail Commission (SJRRC) (Project Sponsor):
Dan Leavitt, Manager of Regional Initiatives, SJRRC, telephone: (209)
944-6266; email: [email protected].
    For FRA: Lana Lau, Supervisory Environmental Protection Specialist,
FRA, telephone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION: Effective July 23, 2019, FRA assigned, and
the State of California acting through the Authority assumed,
environmental responsibilities for the California High-Speed Rail (HSR)
System pursuant to 23 U.S.C. 327.\1\ Notice is hereby given that the
Authority has taken final agency actions subject to 23 U.S.C.
139(l)(1); 49 U.S.C. 24201(a)(4) by issuing approvals for the Project.
The Project Sponsor, SJRRC proposes to grade separate (via a flyover) a
major rail intersection just south of downtown Stockton known as the
Stockton Diamond. This intersection accommodates freight and passenger
rail lines and is purportedly the busiest, most congested railway
junction in California. Once completed, the grade separation is
expected to relieve train backups, delays, vehicle/rail/bicycle and
pedestrian conflicts, air quality impacts and increased costs, among
other impacts. The SJRRC and the Authority have selected the Build
Alternative (Alternative 2) identified in the Final Environmental
Assessment (Final EA) for the Project because the Selected Alternative
best satisfies the Purpose and Need for the Project. The actions by the
Authority, and the laws under which such actions were taken, are
described in the Finding of No Significant Impact (FONSI) and Final EA
for the Project, approved on July 28, 2022. The FONSI, Final EA, and
other documents are available online in PDF at SJRRC's website
(stocktondiamond.com/resources) or by calling<PHONE_NUMBER> or
emailing [email protected]. A printed copy of these documents is
available at the Authority's office in Sacramento. The notice applies
to the FONSI, Final EA, and all other Federal agency decisions with
respect to the Project as of the issuance date of this notice and all
laws under which such actions were taken, including but not limited to:
---------------------------------------------------------------------------

    \1\ Consistent with the Memorandum of Understanding between the
Authority and FRA, which assigns FRA's NEPA responsibilities to the
Authority, the Authority has assumed NEPA responsibilities for the
ACEforward Project within the Altamont Corridor Express (ACE)
System. The ACEforward Project is a phased passenger rail
improvement program to reduce travel time and improve service
reliability and passenger facilities along the existing Stockton to
San Jose rail corridor. Long-term SJRRC goals for the ACE System
include a suite of projects, such as the Stockton Diamond Grade
Separation Project, that can connect an improved ACE service within
the future California High-Speed Rail System Phase 2 extension to
Sacramento.
---------------------------------------------------------------------------

    1. NEPA;
    2. Council on Environmental Quality regulations;
    3. Fixing America's Surface Transportation Act (FAST Act);
    4. Department of Transportation Act of 1966, Section 4(f);
    5. Land and Water Conservation Fund (LWCF) Act of 1965, Section
6(f);
    6. Clean Air Act Amendments of 1990;
    7. Clean Water Act of 1977 and 1987;
    8. Endangered Species Act of 1973;
    9. Migratory Bird Treaty Act;
    10. National Historic Preservation Act of 1966, as amended;
    11. Executive Order 11990, Protection of Wetlands;
    12. Executive Order 11988, Floodplain Management;
    13. Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations; and
    14. Executive Order 13112, Invasive Species.

    Issued in Washington, DC.
Jamie P. Rennert,
Director, Office of Infrastructure Investment.
[FR Doc. 2022-17956 Filed 8-19-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12251-12252]
[FR Doc No: 2017-03981]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80097; File No. SR-NYSEMKT-2016-103]

Self-Regulatory Organizations; NYSE MKT LLC; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change Allowing the Exchange To Trade, Pursuant to Unlisted
Trading Privileges, Any NMS Stock Listed on Another National Securities
Exchange; Establishing Rules for the Trading Pursuant to UTP of
Exchange-Traded Products; and Adopting New Equity Trading Rules
Relating to Trading Halts of Securities Traded Pursuant to UTP on the
Pillar Platform

February 24, 2017.
    On November 17, 2016, NYSE MKT LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to (1) allow the Exchange to trade, pursuant to unlisted trading
privileges (``UTP''), any NMS Stock listed on another national
securities exchange; (2) establish rules for the trading pursuant to
UTP of exchange-traded products (``ETPs'' or ``Exchange-Traded
Products''); and (3) adopt new equity trading rules relating to trading
halts of securities traded pursuant to UTP on the Exchange's Pillar
trading platform. The proposed rule change was published for comment in
the Federal Register on December 1, 2016.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79400 (Nov. 25,
2016), 81 FR 86750 (Dec. 1, 2016) (``Notice'').
---------------------------------------------------------------------------

    On January 4, 2017, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ The Commission has received no comments on the proposed
rule change.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 79738, 82 FR 3068
(Jan. 10, 2017). The Commission designated March 1, 2017, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to approve or disapprove the
proposed rule change.
---------------------------------------------------------------------------

    This order institutes proceedings under Section 19(b)(2)(B) of the
Act \6\ to determine whether to approve or disapprove the proposed rule
change.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Summary of the Proposed Rule Change

    The Exchange states that it does not currently trade any securities
on a UTP basis. The Exchange proposes new rules to trade all Tape A and
Tape C symbols, on a UTP basis, on its new trading platform, Pillar.\7\
In addition, the Exchange proposes to adopt rules for the trading of
the following types of Exchange-Traded Products: \8\ Equity Linked
Notes; Investment Company Units; Index-Linked Exchangeable Notes;
Equity Gold Shares; Equity Index-Linked Securities; Commodity-Linked
Securities; Currency-Linked Securities; Fixed-Income Index-Linked
Securities; Futures-Linked Securities; Multifactor-Index-Linked
Securities; Trust Certificates; Currency and Index Warrants; Portfolio
Depositary Receipts; Trust Issued Receipts; Commodity-Based Trust
Shares; Currency Trust Shares; Commodity Index Trust Shares; Commodity
Futures Trust Shares; Partnership Units; Paired Trust Shares; Trust
Units; Managed Fund Shares; and Managed Trust Securities.\9\
---------------------------------------------------------------------------

    \7\ According to the Exchange, on January 29, 2015, the Exchange
announced the implementation of Pillar, which is an integrated
trading technology platform designed to use a single specification
for connecting to the equities and options markets operated by the
Exchange and its affiliates, NYSE Arca, Inc. (``NYSE Arca'') and New
York Stock Exchange LLC. See Trader Update dated January 29, 2015,
available at https://www.nyse.com/publicdocs/nyse/markets/nyse/Pillar_Trader_Update_Jan_2015.pdf.
    \8\ The Exchange is proposing to define the term ``Exchange
Traded Product'' to mean a security that meets the definition of
``derivative securities product'' in Rule 19b-4(e) under the
Exchange Act. This proposed definition is identical to the
definition of ``Derivatives Securities Product'' in NYSE Arca
Equities Rule 1.1(bbb).
    \9\ See Notice, supra note 3.
---------------------------------------------------------------------------

    The Exchange represents that the proposed rules for these ETPs are
substantially identical (other than with respect to certain non-
substantive and technical amendments) to the rules of the NYSE Arca
Equities exchange for the qualification, listing, and trading of these
ETPs.\10\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 3, at 86750, n.6 (citing NYSE Arca
Equities Rules 5 (Listings) and 8 (Trading of Certain Equities
Derivatives)).
---------------------------------------------------------------------------

    According to the Exchange, it will trade securities pursuant to UTP
only on its Pillar platform, not on its current trading platform.
Further, the Exchange states that it does not at this time intend to
list ETPs pursuant to the proposed rules. The Exchange does not propose
to change any of the current rules of the Exchange pertaining to the
listing and trading of ETPs in the NYSE MKT Company Guide or in its
other rules.

II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEMKT-2016-103 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \11\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\12\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \13\
---------------------------------------------------------------------------

    \12\ Id.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, or arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\14\
---------------------------------------------------------------------------

    \14\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by March 22, 2017. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by April 5,
2017. The Commission asks that commenters address the sufficiency of
the Exchange's statements in support of the proposal, which are set
forth in the Notice,\15\ in addition to any other comments they may
wish to submit about the proposed rule change.
---------------------------------------------------------------------------

    \15\ See Notice, supra note 3.
---------------------------------------------------------------------------

    In particular, the Commission seeks comment on whether the proposed
rules regarding ETPs, which would not expressly apply on a continuing
basis, are consistent with the Act.\16\
---------------------------------------------------------------------------

    \16\ The Commission has recently approved an exchange proposal
to amend its listing standards to specify continued listing
requirements for ETPs, to add issuer-notification requirements
related to failures to comply with the continued listing
requirements, and to incorporate specific delisting procedures for
ETPs. See Securities Exchange Act Release No. 79784 (Jan. 12, 2017),
82 FR 6664 (Jan. 19, 2017) (SR-NASDAQ-2016-135). In addition, the
Commission's orders approving the generic listing and trading of
actively managed ETFs relied upon, among other things, the listing
exchanges' representations that the listing criteria would apply on
a continuing basis. See, e.g., Securities Exchange Act Releases No.
78396 (July 22, 2016), 81 FR 49698, 49701 (July 28, 2016) (File No.
SR-BATS-2015-100); No. 78397 (July 22, 2016), 81 FR 49320, 49324
(July 27, 2016) (File No. SR-NYSEArca-2015-110); and No. 78918
(Sept. 23, 2016), 81 FR 67033, 67035 (Sept. 29, 2016) (File No. SR-
NASDAQ-2016-104). Recent Commission orders approving the listing and
trading of individual ETPs have similarly relied upon
representations by the listing exchange that all statements and
representations made regarding (a) the description of the portfolio,
(b) limitations on portfolio holdings or reference assets, or (c)
the applicability of exchange rules and surveillance procedures
shall constitute continued listing requirements. See, e.g.,
Securities Exchange Act Release No. 77920 (May 25, 2016), 81 FR
35086, 35090 (June 1, 2016) (SR-NYSEArca-2016-46; approving listing
and trading of shares of the AdvisorShares Cornerstone Small Cap
ETF); No. 78847 (Sept. 15, 2016), 81 FR 64560, 64562 (Sept. 20,
2016) (File No. SR-BATS-2016-34; approving listing and trading of
shares of the ProShares Crude Oil Strategy ETF).
---------------------------------------------------------------------------

    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-NYSEMKT-2016-103 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-103. 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 these filings 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-NYSEMKT-2016-103 and should
be submitted on or before March 22, 2017. Rebuttal comments should be
submitted by April 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

[FR Doc. 2017-03981 Filed 2-28-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Page 3223]
[FR Doc No: 2012-1088]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0714; FRL-9620-4]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of
the 1997 Annual Fine Particulate Standard for the Philadelphia-
Wilmington Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to make two determinations regarding the
Philadelphia-Wilmington fine particle (PM2.5) nonattainment
area (the Philadelphia Area). EPA is proposing to make a determination
that the Philadelphia Area has attained the 1997 annual
PM2.5 national ambient air quality standard (NAAQS) by its
attainment date of April 5, 2010. EPA is also proposing to make a clean
data determination, finding that the Philadelphia Area has attained the
1997 PM2.5 NAAQS, based on ambient air monitoring data for
the 2007-2009 and 2008-2010 monitoring periods. In the Final Rules
section of this Federal Register, EPA is making these determinations as
a direct final rule without prior proposal because the Agency views
this as a noncontroversial action and anticipates no adverse comments.
A detailed rationale for the approval is set forth in the direct final
rule and in the Technical Support Document (TSD) prepared in support of
this rulemaking action. A copy of the TSD is available, upon request,
from the EPA Regional Office listed in the ADDRESSES section of this
document. If no adverse comments are received in response to this
action, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by February 22, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0714 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0714, Cristina Fernandez, Associate
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0714. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through ww.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's
proposed action related to Delaware or Pennsylvania, please contact
Maria A. Pino<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>If you
have questions concerning EPA's proposed action related to New Jersey,
please contact Henry Feingersh,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
``Determinations of Attainment of the 1997 Annual Fine Particulate
Standard for the Philadelphia-Wilmington Nonattainment Area,'' that is
located in the ``Rules and Regulations'' section of this Federal
Register publication.

     Dated: December 8, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    Dated: January 3, 2012.
Judith A. Enck,
Regional Administrator, Region II.
[FR Doc. 2012-1088 Filed 1-20-12; 8:45 am]
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