[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57444-57446]
[FR Doc No: 2023-18128]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-527-000]

Northern Utilities, Inc. D/B/A Unitil; Notice of Application and
Establishing Intervention Deadline

    Take notice that on August 7, 2023, Northern Utilities Inc. D/B/A
Unitil (Northern), Six Liberty Lane West, Hampton, NH 03842-1720, filed
an application under section 7(f) of the Natural Gas Act (NGA), and
part 157 of the Commission's regulations requesting authorization for
its Service Territory Determination (Project). Northern respectfully
requests that the Commission grant it a determination of a service area
within which Northern may: (i) operate a minimal amount of piping
across the New Hampshire-Massachusetts border in order to distribute
and deliver natural gas to New Hampshire retail customers, and (ii)
without further Commission authorization, enlarge or expand its
facilities in its Salem, New Hampshire service territory. This
determination will allow Northern to transport natural gas through a
distribution line that receives gas in New Hampshire, crosses the
Massachusetts State line into the town of Methuen, Massachusetts and
then crosses back to New Hampshire for distribution to ultimate
consumers in New Hampshire. Northern serves no consumers in
Massachusetts through the distribution facilities at issue, all as more
fully set forth in the application which is on file with the Commission
and open for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time, the
Commission has suspended access to the Commission's Public Reference
Room. For assistance, contact the Federal Energy Regulatory Commission
at [email protected] or call toll-free,<PHONE_NUMBER> or TTY
(202) 502-8659.
    Any questions regarding the proposed project should be directed to
Randall S. Rich, Pierce Atwood LLP, 1875 K Street NW, Suite 700,
Washington, DC 20006 by phone at<PHONE_NUMBER>, or by email at
[email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
Federal and State agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all Federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file comments on the project, you can protest
the filing, and you can file a motion to intervene in the proceeding.
There is no fee or cost for filing comments or intervening. The
deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on
September 7, 2023. How to file protests, motions to intervene, and
comments is explained below.
    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].

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections, to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be.

Protests

    Pursuant to sections 157.10(a)(4) \2\ and 385.211 \3\ of the
Commission's regulations under the NGA, any person \4\ may file a
protest to the application. Protests must comply with the requirements
specified in section 385.2001 \5\ of the Commission's regulations. A
protest may also serve as a motion to intervene so long as the
protestor states it also seeks to be an intervenor.
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    \2\ 18 CFR 157.10(a)(4).
    \3\ 18 CFR 385.211.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
    \5\ 18 CFR 385.2001.
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    To ensure that your comments or protests are timely and properly
recorded, please submit your comments on or before September 7, 2023.
    There are three methods you can use to submit your comments or
protests to the Commission. In all instances, please reference the
Project docket number CP23-527-000 in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments or protests electronically by using
the eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. With eFiling,
you can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making; first select ``General'' and then select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments or protests by
mailing them to the following address below. Your written comments must
reference the Project docket number (CP23-527-000).
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\6\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
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    \6\ 18 CFR 385.102(d).
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    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \7\ and the regulations under the NGA \8\ by the
intervention deadline for the project, which is September 7, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://

www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \7\ 18 CFR 385.214.
    \8\ 18 CFR 157.10.
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    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number CP23-527-000 in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below. Your
motion to intervene must reference the Project docket number CP23-527-
000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other courier: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email at: Randall S. Rich, Pierce Atwood LLP, 1875 K
Street NW, Suite 700, Washington, DC 20006 or at [email protected].
Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online. Service can be via email with a link to the
document.
    All timely, unopposed \9\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\10\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\11\ A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
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    \9\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \10\ 18 CFR 385.214(c)(1).
    \11\ 18 CFR 385.214(b)(3) and (d).
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Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on September 7, 2023.

    Dated: August 17, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18128 Filed 8-22-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Notices]
[Page 39382-39383]
[DOCID:fr12jy06-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54101; File No. SR-NASD-2005-140]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Order Approving a Proposed Rule Change and Amendments
No. 1 and 2 Regarding the Nasdaq Crossing Network

July 5, 2006.

I. Introduction

    On December 2, 2005, the National Association of Securities
Dealers, Inc. (``NASD''), through its subsidiary, The Nasdaq Stock
Market, Inc. (``Nasdaq''), filed with the Securities and Exchange
Commission (``Commission''), pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (`` Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to establish the Nasdaq Crossing
Network. On February 28, 2006, Nasdaq filed Amendment No. 1 to the
proposed rule change.\3\ On April 24, 2006, Nasdaq filed Amendment No.
2 to the proposed rule change.\4\ The proposed rule change, as amended,
was published for comment in the Federal Register on May 5, 2006.\5\
The Commission received no comments on the proposal. This order
approves the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the original filing
in its entirety.
    \4\ In Amendment No. 2, Nasdaq made certain representations
related to the applicability of Rule 11a2-2(T) under the Exchange
Act and NASD IM-2110-2 (the ``Manning Rule'') to the proposed rule
change. In addition, Nasdaq indicated its plan to request exemptive
relief from Rule 10a-1 under the Exchange Act and NASD Rule 3350
(``Short Sale Rule''), as well as from Rule 602 of Regulation NMS
(``Quote Rule''). Nasdaq also made clarifying edits to the proposed
rule change.
    \5\ See Securities Exchange Act Release No. 53745 (May 1, 2006),
71 FR 26579 (SR-NASD-2005-140) (``Proposing Release'').
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II. Description

    Nasdaq proposes to establish the Nasdaq Crossing Network for
Nasdaq-listed and certain exchange-listed securities. The Nasdaq
Crossing Network would provide a process for executing orders at a
uniform reference price at a randomly selected point in time during a
one-minute trading window, commencing at designated times during the
regular hours session and the after-hours session. The trading windows
would begin at 11 a.m., 1 p.m., and 3 p.m. (ET) during the regular
hours session and at 4:30 p.m. (ET) during the after-hours session. For
the series of Nasdaq Reference Price Crosses (``RPCs'') that occur
during regular trading hours, market participants would place orders to
be executed at the midpoint of the National Best Bid and Offer
(``NBBO''). During the after-hours crossing session, eligible orders
would be executed at the Nasdaq Official Closing Price (``NOCP'') for
Nasdaq-listed securities or the official closing price of the primary
market for securities listed on the NYSE, Amex or a regional exchange
(``Primary Market Close'').

Orders

    Orders entered into the Nasdaq Crossing Network would be either
market or limit orders and would be designated by a time-in-force
indicator.\6\ These orders would not be displayed and would be executed
only during an RPC. In addition, RPC orders would be entered in round
lots only; no mixed or odd lot execution amount would be permitted.
Orders may not be cancelled or replaced during the time of the cross,
but they may be cancelled or replaced at any time before the cross
occurs. Also, RPC orders would be required to be available for
automatic execution. The RPC would have no order delivery capability,
and no special orders could be accommodated.
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    \6\ RPC orders would be marked with one of the following: (1)
``NXT,'' which indicates that the order would participate in the
next scheduled regular-hours cross, with unexecuted shares being
immediately cancelled back to the market participant after that
cross; (2) ``REG,'' which indicates that the order would participate
in all remaining crosses during the trading day with unexecuted
shares being immediately cancelled back to the market participant
after the final regular hours cross; or (3) ``ALX,'' which indicates
that the order would participate in all remaining crosses in the
current day with unexecuted shares immediately cancelled back to the
market participant after the after-hours cross.
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Nasdaq Reference Price Cross Priority and Reporting

    Upon initiation of the cross, available shares would be treated as
if they were the same price and would be allocated on a pro-rata basis
to eligible orders. Such shares would be allocated based on the
original size of the order, not on the size of the remaining unexecuted
portion of the order. If additional shares remain after the initial
pro-rata allocation, those shares would continue to be allocated pro-
rata to eligible orders until a number of round lots remain that is
less than the number of eligible orders. Any remaining shares would be
allocated to the oldest eligible order.\7\
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    \7\ The Proposing Release provides an example that illustrates
these priority principles. See supra note 5.
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    The executions would be reported to the market participants via
Nasdaq Market Center execution reports as anonymous, single trades
reflecting the aggregate shares executed. In addition, each execution
would be reported to the Nasdaq Market Center trade reporting service
for trade reporting, clearance and settlement.\8\ Trades from the
regular hours cross would be disseminated the regular way, and trades
from the post close cross would be disseminated with a ``.PRP'' sale
condition modifier.
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    \8\ Nasdaq would submit each underlying trade to the National
Securities Clearing Corporation for clearing. When Nasdaq becomes
operational as a national securities exchange, these trades will be
reported as ``covered sales'' of the exchange for the purposes of
Section 31 of the Exchange Act. If the Crossing Network is launched
before Nasdaq is operational as an exchange, the NASD will report
these trades to NSCC for the purposes of Section 31 of the Exchange
Act.
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Locked or Crossed Markets

    In the event of a crossed NBBO at the time of a RPC during the
regular hours session, the RPC would be delayed and would execute based
on the midpoint NBBO when the quote becomes uncrossed. If the quote
remains crossed, however, for five minutes beyond when the RPC normally
would have occurred, the RPC would be cancelled and orders that are not
designated for any future RPCs would be returned to the market
participants. In the event of a locked NBBO at the time of a RPC during
the regular hours session, the RPC would execute at the lock price.

Reference Price Cross Circuit Breaker

    Nasdaq would establish a ``circuit breaker'' for RPCs that occur
during the after-hours session to protect against unusual occurrences
when the

consolidated last sale price varies significantly from the NOCP or the
Primary Market Close, based on information that becomes available after
the market close. If the post-close cross would not execute within a
preset boundary (the ``Threshold Percentage''),\9\ the cross would not
occur and be automatically cancelled by Nasdaq.
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    \9\ Initially, the Threshold Percentage would be set at ten
percent, with a $0.50 difference between the NCOP or the Primary
Market Close and the consolidated last sale price. Any changes to
the Threshold Percentage would be made in advance of application and
would be communicated to members. Nasdaq would publish any changes
to the Threshold Percentage via its public NasdaqTrader Web site.
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III. Discussion

    The Commission finds that the proposed rule change is consistent
with Section 15A of the Exchange Act \10 \and the rules and regulations
thereunder.\11\ Specifically, the Commission finds the proposal to be
consistent with Section 15A(b)(6) of the Exchange Act,\12\ which
requires the NASD's rules to be designed, among other things, to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, and are not designed to permit unfair discrimination
between customers, issuers, brokers, or dealers. The Nasdaq Crossing
Network would provide market participants and investors with an
additional mechanism for order execution. The Commission, in relying on
Nasdaq's representation that participation in the RPCs would be
voluntary and open to all Nasdaq market participants and would not
result in any advantage to market participants that participate in RPCs
over those market participants that do not choose to participate,
believes that the Nasdaq Crossing Network is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \10\ 15 U.S.C. 78o-3.
    \11\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78o-3(b)(6).
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    Nasdaq has proposed to execute RPC orders at a predetermined
reference price at a randomly selected point in time during a one-
minute trading window. The Commission notes that using the automated
and random matching mechanism to execute an RPC cross should minimize
the opportunity for manipulation. In addition, the Commission notes
that, should Nasdaq desire to add more frequent crosses or to modify
the time of the crosses in the future, it must submit a rule change to
the Commission pursuant to 19(b) of the Exchange Act.\13\ Because RPC
orders that are executed during the regular hours session would be
executed at the midpoint of the NBBO, it is possible that a Nasdaq
member would trade ahead of a held customer order by less than $0.01
(i.e., $0.005). The Commission believes that such an event would
trigger a Manning Rule obligation.\14 \
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    \13\ 15 U.S.C. 78s.
    \14\ See supra note 5.
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    The Commission believes that the RPC is reasonably designed to
promote just and equitable principles of trade. The Commission notes
that any transaction on the Crossing Network effected in non-Nasdaq
listed securities would be subject to the relevant short sale
restrictions until Nasdaq requests and receives appropriate relief.\15\
In addition, the Commission notes Nasdaq's representation that this
proposed rule change will not alter the continued accuracy of the
representations made by Nasdaq in the letter requesting interpretive
guidance with respect to the application of Rule 11a2-2(T) under the
Exchange Act that was submitted in connection with Nasdaq's application
for registration as a national securities exchange.\16 \
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    \15\ Id.
    \16\ See letter to Nancy M. Morris, Secretary, Commission, and
Elizabeth King, Associate Director, Division of Market Regulation,
Commission, from Edward S. Knight, Executive Vice President and
General Counsel, Nasdaq, dated January 12, 2006. The ``effect and
execute'' rule provides exchange members with an exemption from the
prohibition in Section 11(a) of the Exchange Act against a member of
a national securities exchange effecting transactions on that
exchange for its own account, the account of an associated person,
or an account over which it or its associated person exercises
discretion unless an exception applies. In reliance on Nasdaq's
representations in its letter, the Commission concluded in its order
approving Nasdaq's exchange registration application that Nasdaq
Exchange members that enter orders into Nasdaq Execution Systems
satisfy the requirements of Rule 11a2-2(T) under the Exchange Act.
See Securities Exchange Act Release No. 53128 (January 13, 2006), 71
FR 3550 (January 23, 2006) (File No. 10-131).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\17\ that the proposed rule change (SR-NASD-2005-140), as
amended by Amendments No. 1 and 2, be, and it hereby is, approved.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18 \
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-10923 Filed 7-11-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68146-68147]
[FR Doc No: 2013-27112]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0106]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    In accordance with Part 235 of Title 49 Code of Federal Regulations
(CFR) and 49 U.S.C. 20502(a), this document provides the public notice
that by a document dated August 28, 2013, the Norfolk Southern
Corporation (NS) petitioned the Federal Railroad Administration (FRA)
seeking approval for the discontinuance or modification of a signal
system. FRA assigned the petition Docket Number FRA-2013-0106.
    Applicant: Norfolk Southern Corporation, Mr. Brian Sykes, Chief
Engineer C&S Engineering, 1200 Peachtree Street NE., Atlanta, GA 30309.
    NS seeks approval of the proposed discontinuance of Control Point
(CP) Oak and the discontinuance of the traffic control system (TCS)
between CP Maumee, Milepost (MP) DY 1.2/CD 287.65, and Stanley, MP DY
4.0, on the Miami Cut Branch, on the Dearborn Division, Toledo, OH. TCS
will also be discontinued on the Oakdale Connection Track between CP
286, MP XA 286.90/CD 286.75, and CP Oak, MP XA 287.80/DY 2.3, also on
the Dearborn Division, Toledo, OH. CP Oak Signals 2S-1, 2S-3, 2N-1, and
2N-2 will be removed. Power-operated Switch 1 will be converted to a
hand-operated switch, and Switch 3 will be converted to a radio-
controlled switch. Operating rules will be changed from NS Rule 261 to
NS Rule 137 on the Miami Cut Branch and the Oakdale Connection Track.
The reason given for the proposed changes is that these tracks are
seldom used.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before

the end of the comment period and specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by December 30, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2013-27112 Filed 11-12-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Page 38024]
[FR Doc No: 2014-15634]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2274-000]

Aesir Power, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aesir Power, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 16, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 26, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-15634 Filed 7-2-14; 8:45 am]
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 75-79]
[FR Doc No: 2022-28496]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0973]

Revocation of Three Authorizations of Emergency Use of In Vitro
Diagnostic Devices for Detection and/or Diagnosis of COVID-19;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
revocation of the Emergency Use Authorizations (EUAs) (the
Authorizations) issued to the University of Texas MD Anderson Cancer
Center, Molecular Diagnostics Laboratory (MD Anderson) for the MD
Anderson High-throughput SARS-CoV-2 RT-PCR Assay, and Visby Medical,
Inc. for the Visby Medical COVID-19 and Visby Medical COVID-19 Point of
Care Test. FDA revoked these Authorizations under the Federal Food,
Drug, and Cosmetic Act (FD&C Act). The revocations, which include an
explanation of the reasons for each revocation, are reprinted in this
document.

DATES: The Authorization for the MD Anderson High-throughput SARS-CoV-2
RT-PCR Assay is revoked as of November 30, 2022. The Authorizations for
the Visby Medical COVID-19 and Visby Medical COVID-19 Point of Care
Test are revoked as of December 2, 2022.

ADDRESSES: Submit written requests for a single copy of the revocations
to the Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the revocations may be sent. See the SUPPLEMENTARY INFORMATION section
for electronic access to the revocations.

FOR FURTHER INFORMATION CONTACT: Jennifer Ross, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 1, Rm. 4332, Silver Spring, MD 20993-
0002,<PHONE_NUMBER> (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. On June 24, 2020, FDA issued an
EUA to MD Anderson for the MD Anderson High-throughput SARS-CoV-2 RT-
PCR Assay, subject to the terms of the Authorization. Notice of the
issuance of this Authorization was published in the Federal Register on
November 20, 2020 (85 FR 74346), as required by section 564(h)(1) of
the FD&C Act. On September 16, 2020, FDA issued an EUA to Visby
Medical, Inc. for the Visby Medical COVID-19, subject to the terms of
the Authorization. Notice of the issuance of this Authorization was
published in the Federal Register on April 23, 2021 (86 FR 21749), as
required by section 564(h)(1) of the FD&C Act. On February 8, 2021, FDA
issued an EUA to Visby Medical, Inc. for the Visby Medical COVID-19
Point of Care Test, subject to the terms of the Authorization. Notice
of the issuance of this Authorization was published in the Federal
Register on April 23, 2021 (86 FR 21749), as required by section
564(h)(1) of the FD&C Act. Subsequent revisions to the Authorizations
were made available on FDA's website. The authorization of a device for
emergency use under section 564 of the FD&C Act may, pursuant to
section 564(g)(2) of the FD&C Act, be revoked when the criteria under
section 564(c) of the FD&C Act for issuance of such authorization are
no longer met (section 564(g)(2)(B) of the FD&C Act), or other
circumstances make such revocation appropriate to protect

the public health or safety (section 564(g)(2)(C) of the FD&C Act).

II. EUA Revocation Requests

    On November 18, 2022, FDA received a request from MD Anderson for
the withdrawal of, and on November 30, 2022, FDA revoked, the
Authorization for the MD Anderson High-throughput SARS-CoV-2 RT-PCR
Assay. Because MD Anderson requested FDA withdraw the EUA for the MD
Anderson High-throughput SARS-CoV-2 RT-PCR Assay, FDA has determined
that it is appropriate to protect the public health or safety to revoke
this Authorization. On November 29, 2022, FDA received a request from
Visby Medical, Inc. for the closure of, and on December 2, 2022, FDA
revoked, the Authorizations for the Visby Medical COVID-19 and Visby
Medical COVID-19 Point of Care Test. Because Visby Medical, Inc.
requested FDA close the EUAs for the Visby Medical COVID-19 and Visby
Medical COVID-19 Point of Care Test, FDA has determined that it is
appropriate to protect the public health or safety to revoke these
Authorizations.

III. Electronic Access

    An electronic version of this document and the full text of the
revocations are available on the internet at https://www.regulations.gov/.

IV. The Revocations

    Having concluded that the criteria for revocation of the
Authorizations under section 564(g)(2)(C) of the FD&C Act are met, FDA
has revoked the EUAs for MD Anderson's MD Anderson High-throughput
SARS-CoV-2 RT-PCR Assay and for Visby Medical, Inc.'s Visby Medical
COVID-19 and Visby Medical COVID-19 Point of Care Test. The revocations
in their entirety follow and provide an explanation of the reasons for
each revocation, as required by section 564(h)(1) of the FD&C Act.
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    Dated: December 27, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-28496 Filed 12-30-22; 8:45 am]
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