[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Pages 21956-21958]
[FR Doc No: 2017-09378]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0419; Directorate Identifier 2015-SW-077-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters (Airbus) Model AS332L2 and EC225LP helicopters. This
proposed AD would require inspections of the main rotor (M/R) blade
attachment pins (attachment pins). This proposed AD is prompted by a
report of three cracked attachment pins. The proposed actions are
intended to detect and prevent an unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 10, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0419; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the European Aviation Safety Agency (EASA)
AD, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2015-0016, dated January 30,
2015, to correct an unsafe condition for Airbus Model AS 332 L2 and EC
225 LP helicopters with certain part-numbered attachment pins
installed. EASA advises of three cracked attachment pins on a Model AS
332 L2 helicopter. According to EASA, the cracks resulted from a
combination of factors including corrosion that had initiated in the
inner diameter area of the attachment pin chamfer. EASA states that if
this condition is not detected and corrected, it may lead to failure of
the attachment pin with loss of control of the helicopter. Due to
design similarity, Model EC225LP helicopters are also affected by this
issue.
    For these reasons, EASA AD No. 2015-0016 requires repetitive
inspections of the attachment pins for corrosion.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of these same type designs.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin (ASB) No.
AS332-05.00.99, Revision 0, dated December 22, 2014 (AS332-05.00.99),
for Model AS332L2 helicopters and Airbus Helicopters ASB No. EC225-
05A040, Revision 0, dated December 22, 2014 (EC225-05A040), for Model
EC225LP helicopters. Airbus Helicopters advises of cracks discovered in
attachment pins that resulted from a combination of factors, but mainly
corrosion which initiated in the inner diameter at the chamfer. This
service information specifies repetitively inspecting for corrosion and
cracks and ensuring there are no corrosion pits in the attachment pins.
If there is corrosion, this service information allows an attachment
pin to be reworked up to four times before removing it from service. If
there is a crack, this service information specifies contacting and
sending the attachment pin to Airbus Helicopters.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require an initial and recurring inspection
of each attachment pin for corrosion, a crack, and any pitting. If
there is a crack or any pitting, this proposed AD would require
replacing the attachment pin. If there is corrosion, this proposed AD
would require removing the corrosion up to a maximum of four times.
This proposed AD would also require performing these inspections prior
to installing an attachment pin.

Differences Between This Proposed AD and the EASA AD

    The EASA AD does not require an inspection of the protective
coating of each attachment pin for Model EC225LP helicopters. This
proposed AD would require inspecting the protective coating of each
attachment pin for both model helicopters. The EASA AD requires
ensuring there are no corrosion pits without a corresponding corrective
action. This proposed AD would require replacing an attachment pin that
has any pitting. The EASA AD requires a non-destructive inspection if
in doubt about whether there is a crack, while this proposed AD would
not. Lastly, the EASA AD requires contacting and returning to Airbus
Helicopters any attachment pin with a crack, and this proposed AD would
not.

Costs of Compliance

    We estimate that this proposed AD would affect 5 helicopters of
U.S. Registry. We estimate that operators may incur the following costs
in order to comply with this proposed AD. Labor costs are estimated at
$85 per work-hour.
    For Model AS332L2 helicopters, there would be no costs of
compliance with this proposed AD because there are no helicopters with
this type certificate on the U.S. Registry.
    For Model EC225LP helicopters, which have ten attachment pins
installed, inspecting the attachment pins would take about 1 work-hour
for a total cost of $85 per helicopter and $425 for the U.S. fleet.
Removing corrosion would take about 1 work-hour for a total cost of $85
per attachment pin. Replacing an attachment pin would take negligible
additional labor time and required parts would cost about $5,720.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:

    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus Helicopters: Docket No. FAA-2017-0419; Directorate Identifier
2015-SW-077-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
any category:
    (1) Model AS332L2 helicopters with a main rotor (M/R) blade
attachment pin (attachment pin) part number (P/N) 332A31-2123-00 or
P/N 332A31-2115-20 installed; and
    (2) Model EC225LP helicopters with an attachment pin P/N 332A31-
3204-20 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as corrosion or a crack in
an attachment pin. This condition could result in loss of an M/R
blade and subsequent loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by July 10, 2017.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For Model AS332L2 helicopters, within 410 hours time-in-
service (TIS), and for Model EC225LP helicopters within 660 hours
TIS, remove each attachment pin and inspect the protective coating
on the inside of the attachment pin for scratches and missing
protective coating.
    (i) If there is a scratch or any missing protective coating,
sand the attachment pin to remove the varnish in the area depicted
as ``Area A'' in Figure 1 of Airbus Helicopters Alert Service
Bulletin (ASB) No. AS332-05.00.99, Revision 0, dated December 22,
2014 (AS332-05.00.99), or Airbus Helicopters ASB No. EC225-05A040,
Revision 0, dated December 22, 2014 (EC225-05A040), as applicable to
your model helicopter.
    (ii) Using a 10X or higher power magnifying glass, inspect for
corrosion and pitting at the chamfer. An example of pitting is shown
in the Accomplishment Instructions, paragraph 3.B.3., Note 1, of
AS332-05.00.99, and paragraph 3.B.2., Note 1, of EC225-05A040. If
there is any corrosion, remove the corrosion. If there is any
pitting, replace the attachment pin. Do not sand the attachment pin
to remove a corrosion pit.
    (iii) Using a 10X or higher power magnifying glass, inspect the
inside and outside of the attachment pin for a crack in the areas
depicted as ``Area A'' and ``Area B'' in Figure 1 of AS332-05.00.99
or EC225-05A040, as applicable to your model helicopter. Pay
particular attention to the chamfer in ``Area A.'' If there is a
crack, remove the attachment pin from service.
    (2) Thereafter, for Model AS332L2 helicopters, at intervals not
to exceed 825 hours TIS or 26 months, whichever occurs first; and
for Model EC225LP helicopters, at intervals not to exceed 1,320
hours TIS or 26 months, whichever occurs first; perform the actions
specified in paragraph (e)(1) of this AD. Corrosion may be removed
from an attachment pin as specified in paragraph (e)(1)(ii) of this
AD a maximum of four times. If there is a fifth occurrence of
corrosion on an attachment pin, before further flight, remove the
attachment pin from service.
    (3) Do not install an attachment pin P/N 332A31-2123-00, P/N
332A31-2115-20, or P/N 332A31-3204-20 on any helicopter unless you
have complied with the actions in paragraph (e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: David Hatfield, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5116; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2015-0016, dated January 30, 2015. You may view
the EASA AD on the Internet at http://www.regulations.gov in the AD
Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

    Issued in Fort Worth, Texas, on April 27, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-09378 Filed 5-10-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69883-69884]
[FR Doc No: 2010-28658]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2010-0872; FRL-9225-8]

Adequacy Status of the Submitted 2009 PM2.5 Motor
Vehicle Emission Budgets for Transportation Conformity Purposes for the
New York Portions of New York-Northern New Jersey-Long Island, NY-NJ-CT
PM2.5 Nonattainment Area; New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Finding of adequacy.

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

SUMMARY: In this document, EPA is notifying the public that it has
found the motor vehicle emissions budgets for PM2.5 and
NOX in the submitted attainment demonstration state
implementation plans for the New York portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area to
be adequate for transportation conformity purposes. The transportation
conformity rule requires that the EPA conduct a public process and make
an affirmative decision on the adequacy of budgets before they can be
used by metropolitan planning organizations in conformity
determinations. As a result of our finding, the New York Metropolitan
Transportation Council (excluding Putnam County) and the Orange County
Transportation Council must use the new 2009 PM2.5 budgets
for future transportation conformity determinations.

DATES: This finding is effective December 1, 2010.

FOR FURTHER INFORMATION CONTACT: Melanie Zeman, Air Programs Branch,
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor,
New York, New York 10007-1866,<PHONE_NUMBER><EMAIL_ADDRESS>    The finding and the response to comments will be available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

SUPPLEMENTARY INFORMATION:

Background

    On October 27, 2009, the State of New York submitted an attainment
demonstration state implementation plan to EPA for the New York portion
of the New York-Northern New Jersey-Long Island, NY-NJ-CT
PM2.5 nonattainment area. The purpose of New York State's
submittal was to demonstrate the State's progress toward

attaining the 1997 PM2.5 National Ambient Air Quality
Standard (62 FR 38652, July 18, 1997). New York State's submittal
included motor vehicle emissions budgets (``budgets'') for 2009 for use
by the State's metropolitan planning organizations in making
transportation conformity determinations. On January 19, 2010, EPA
posted the availability of the budgets on our Web site for the purpose
of soliciting public comments. The comment period closed on February
18, 2010, and we received no comments.
    Today's notice is simply an announcement of a finding that we have
already made. EPA Region 2 sent a letter to New York State on October
15, 2010, stating that the 2009 motor vehicle emissions budgets in New
York's SIP for the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area are
adequate because they are consistent with the required attainment
demonstration.
    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to SIPs and establishes the
criteria and procedures for determining whether or not they conform.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the National Ambient Air Quality Standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). Please note that an adequacy review is separate
from EPA's completeness review, and it also should not be used to
prejudge EPA's ultimate approval of the SIP. Even if we find a budget
adequate, the SIP could later be disapproved.
    We have described our process for determining the adequacy of
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule
in making our adequacy determination. The motor vehicle emissions
budgets being found adequate today are listed in Table 1. EPA's finding
will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

 Table 1--2009 Attainment PM2.5 Motor Vehicle Emissions Budgets for New
                                  York
                             [Tons per year]
------------------------------------------------------------------------
          Metropolitan Planning Organization             PM2.5     NOX
------------------------------------------------------------------------
NYMTC (excluding Putnam County) and OCTC..............    1,750   77,571
------------------------------------------------------------------------

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and record keeping requirements.

    Authority:  42 U.S.C. 7401-7671q.

    Dated: October 29, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-28658 Filed 11-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28830-28831]
[FR Doc No: 2013-11659]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 12613-004]

Tygart, LLC; Notice of Application Tendered for Filing With the
Commission and Establishing Procedural Schedule for Licensing and
Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 12613-004.
    c. Date Filed: April 30, 2013.
    d. Applicant: Tygart, LLC.
    e. Name of Project: Tygart Hydroelectric Project.
    f. Location: The proposed project would be located at the U.S. Army
Corps of Engineers' (Corps) Tygart Dam on the Tygart River in Taylor
County, West Virginia. The project would occupy 1 acre of federal land
managed by the Corps.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: David Sinclair, President, Advanced Hydro
Solutions, 3000 Auburn Drive, Suite 430, Beachwood, OH 44122-4340 or by
email at<EMAIL_ADDRESS>    i. FERC Contact: Allyson Conner,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. The application is not ready for environmental analysis at this
time.
    k. The proposed project would utilize the Corps' existing Tygart
Dam, and would consist of the following new facilities: (1) A 15-foot-
wide by 21-foot-high steel intake structure; (2) a 270-foot-long
penstock which would bifurcate into a 110-foot-long and a 150-foot-long
penstock; (3) a 121-foot-long by 99-foot-wide concrete powerhouse; (4)
two unequal-sized turbines with a combined capacity of 30 megawatts;
(5) an excavated 60-foot-wide by 160-foot-long tailrace; (6) a 1.54-
mile-long transmission line; and (7) a switchyard with appurtenant
facilities. The average annual generation is estimated to be 108,600
megawatt-hours.
    The proposed project would operate in a run-of-release mode using
flows made available by the Corps.
    The proposed project boundary would enclose all of the generating
facilities located on 1 acre of Corps' land as well as the transmission
line located on 7 acres of privately owned land.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site 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 Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate.

------------------------------------------------------------------------
              Milestone                              Date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready  June 29, 2013.
 for Environmental Analysis.
Filing of recommendations,            August 28, 2013.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Non-Draft EA......  December 26, 2013.
Comments on EA......................  January 25, 2014.
Modified Terms and Conditions.......  March 26, 2014.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 10, 2013.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11659 Filed 5-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42681-42682]
[FR Doc No: 2017-19115]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4784-089]

Topsham Hydro Partners LP; Notice of Application for Amendment of
License To Incorporate Final Species Protection Plan and Soliciting
Comments, Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of license.
    b. Project No.: P-4784-089.
    c. Date Filed: December 22, 2016.
    d. Applicant: Topsham Hydro Partners LP.
    e. Name of Project: Pejepscot Hydroelectric Project.
    f. Location: The Pejepscot Project is located on the Androscoggin
River in Sagadahoc, Cumberland, and Androscoggin Counties, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kelly Maloney, Licensing and Compliance
Manager, Topsham Hydro Partners LP, 150 Main Street, Lewiston, ME
04240;<PHONE_NUMBER>.
    i. FERC Contact: B. Peter Yarrington<PHONE_NUMBER>;
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: 30 days from the issuance of this notice.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    Please include the docket number (P-4784-089) on any comments,
motions, or recommendations filed.
    k. Description of Request: Topsham Hydro Partners LP, licensee for
the Pejepscot Project, requests that the Commission amend the project
license to incorporate its proposed Final

Species Protection Plan (Final SPP) to help protect Gulf of Maine
Distinct Population Segment Atlantic salmon, which are listed as
endangered under the Endangered Species Act (ESA). Under the Final SPP,
the licensee would build upon monitoring, evaluation and protection
work performed under its Interim SPP, which was approved in an order
issued November 28, 2012. Work under the Final SPP would include
monitoring Atlantic salmon movement through the project's existing
upstream and downstream fish passage facilities, conducting a
downstream passage effectiveness study in 2018, and conducting an
upstream passage effectiveness study if certain trigger conditions are
met. Under the Final SPP, the licensee would continue existing measures
to minimize and avoid take of Atlantic salmon, and participate in
mapping of nearby salmon habitat. The licensee would also explore
opportunities to increase access to upstream salmon habitat, based on
the results of the 2018 downstream passage study. On August 30, 2017,
pursuant to section 7 of the ESA, the National Marine Fisheries Service
filed a Biological Opinion for the licensee's Final SPP.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room, or
may be viewed on the Commission's Web site 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_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title COMMENTS; PROTESTS, or MOTION TO
INTERVENE as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: September 1, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-19115 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74502-74503]
[DOCID:fr12de06-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-92-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

December 5, 2006.
    Take notice that on November 30, 2006, Northern Natural Gas Company
(Northern) tendered for filing as part of its FERC Gas Tariff, Fifth
Revised Volume No. 1, 45 Revised Sheet No. 66, with an effective date
of January 1, 2007.
    Northern states that copies of the filing have been mailed to each
of its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance

with the provisions of Section 154.210 of the Commission's regulations
(18 CFR 154.210). Anyone filing an intervention or protest must serve a
copy of that document on the Applicant. Anyone filing an intervention
or protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-21085 Filed 12-11-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12381-12384]
[FR Doc No: 2023-03958]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1046]

Wojciech Lesniak: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Wojciech Lesniak for a period of 5 years from importing or offering for
import any drug into the United States. FDA bases this order on a
finding that Mr. Lesniak engaged in a pattern of importing or offering
for import misbranded drugs (i.e., in an amount, frequency, or dosage
that is inconsistent with his personal or household use) that are not
designated in an authorized electronic data interchange system as
products regulated by FDA. Mr. Lesniak was given notice of the proposed
debarment and was given an opportunity to request a hearing to show why
he should not be debarred. As of November 21, 2022 (30 days after
receipt of the notice), Mr. Lesniak had not responded. Mr. Lesniak's
failure to respond and request a hearing constitutes a waiver of his
right to a hearing concerning this matter.

DATES: This order is applicable February 27, 2023.

ADDRESSES: Any application by Mr. Lesniak for termination of debarment
under section 306(d)(1) of the FD&C Act (21 U.S.C. 335a(d)(1)) may be
submitted as follows:

Electronic Submissions

    [ssquf] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. An application
submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because
your application will be made public, you are solely responsible for
ensuring that your application does not include any confidential
information that you or a third party may not wish to be posted, such
as medical information, your or anyone else's Social Security number,
or

confidential business information, such as a manufacturing process.
Please note that if you include your name, contact information, or
other information that identifies you in the body of your application,
that information will be posted on https://www.regulations.gov.
    [ssquf] If you want to submit an application with confidential
information that you do not wish to be made available to the public,
submit the application as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    [ssquf] Mail/Hand Delivery/Courier (for written/paper submissions):
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852.
    [ssquf] For a written/paper application submitted to the Dockets
Management Staff, FDA will post your application, as well as any
attachments, except for information submitted, marked, and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All applications must include the Docket No. FDA-
2022-N-1046. Received applications will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
    [ssquf] Confidential Submissions--To submit an application with
confidential information that you do not wish to be made publicly
available, submit your application only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of your application. The second copy,
which will have the claimed confidential information redacted/blacked
out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your application and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket, go to https://www.regulations.gov
and insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852 between 9 a.m. and 4 p.m., Monday through Friday. Publicly
available submissions may be seen in the docket.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa (ELEM-4144), Division
of Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 240-402-
8743, or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(D) of the FD&C Act (21 U.S.C. 335a(b)(1)(D))
permits debarment of an individual from importing or offering for
import any drug into the United States if the FDA finds, as required by
section 306(b)(3)(D) of the FD&C Act, that the individual has engaged
in a pattern of importing or offering for import misbranded drugs (i.e.
in an amount, frequency, or dosage that is inconsistent with personal
or household use by the importer), that are not designated in an entry
in an authorized electronic data interchange system as products
regulated by FDA.
    After an investigation, FDA discovered that Mr. Lesniak has engaged
in numerous instances of importing or offering for import misbranded
drugs; all the parcels containing the misbranded drugs serving as the
basis for this action, described in further detail below, were
intercepted by FDA at either the Miami or the Newark International Mail
Facilities (IMF) and were addressed to Mr. Lesniak at an address
connected to him.
    On or about June 28, 2019, Mr. Lesniak offered for import a parcel
intercepted and processed by FDA at the Newark IMF and which was
addressed to him. This parcel contained multiple products. FDA
determined that one of the products contained in this parcel was 280
tablets of BAYER ASPIRIN C (Acidum acetylsalicylicum 400 milligram (mg)
+ Acidum Ascorbicum 240 mg) and was refused entry on August 15, 2019,
because the product's required label or labeling appeared to not be in
English, in violation of 21 CFR. 201.15(c)(1). FDA also determined that
another product contained in this parcel was 360 tablets of APAP
(paracetamolum 500 mg) tabletki powlekane. The product was refused
entry on August 15, 2019, because the product's required label or
labeling appeared to not be in English, in violation of 21 CFR.
201.15(c)(1). FDA also determined that another product contained in
this parcel was 300 tablets of APAP EXTRA (Paracetamolum 500 mg +
Caffeinum 65 mg). The product was refused entry on August 15, 2019,
because the product's required label or labeling appeared to not be in
English, in violation of 21 CFR 201.15(c)(1). The product was a
misbranded drug pursuant to section 502(c) of the FD&C Act. FDA also
determined that another product contained in this parcel was 156
tablets of ALTACET TABLETKI (Aluminii Acetas Tartas 1 gram (g)). The
product was refused entry on August 15, 2019, because the product's
required label or labeling appeared to not be in English, in violation
of 21 CFR 201.15(c)(1). All the products in this parcel were misbranded
drugs pursuant to section 502(c) of the FD&C Act.
    On or about July 02, 2019, Mr. Lesniak offered for import a parcel
intercepted and processed by FDA at the Newark IMF and which was
addressed to him. This parcel contained multiple products. The FDA
determined that one of the products contained in this parcel was 600 g
of MASC CYNKOWA (Zinc Oxidi urguentum) 10%. The product was refused
entry on August 22, 2019, because the product's required label or
labeling appeared to not be in English, in violation of 21 CFR
201.15(c)(1), and because the product appeared to be an over-the-
counter drug without required labeling. FDA determined that one of the
products contained in this parcel was 960 tablets of NO-SPA
(Drotaverini hydrochloridum 40 mg). The product was refused entry on
August 22, 2019, because the product's required label or labeling
appeared to not be in English, in violation of 21 CFR 201.15(c)(1), and
because the product appeared to be an over-the-counter drug without
required labeling. FDA determined that one of the products contained in
this parcel was 80 tablets of RANIGAST MAX (Ranitidinum 150 mg). The
product was refused entry on August 22, 2019, because the product's
required label or labeling appeared to not be in English, in violation
of 21 CFR 201.15(c)(1), and because the product appeared to be an over-
the-counter drug without required labeling. FDA determined that one of
the products contained in this parcel was 3 packages of OROFAR TOTAL

ACTION (Benzoxonii chloridum + Lidocaini Hydrochloridum (2.5 mg + 1,5
mg/milliliters (ml))). The product was refused entry on August 22,
2019, because the product's required label or labeling appeared to not
be in English, in violation of 21 CFR 201.15(c)(1), and because the
product appeared to be an over-the-counter drug without required
labeling. FDA determined that one of the products contained in this
parcel was 10 packages of MASC ICHTIOLOWA (Ammonii Bituminosulfonatis
Unguentum FP 10%). The product was refused entry on August 22, 2019,
because the product's required label or labeling appeared to not be in
English, in violation of 21 CFR 201.15(c)(1), and because the product
appeared to be an over-the-counter drug without required labeling. All
of the products in this parcel were misbranded drugs pursuant to
section 502(c) of the FD&C Act.
    On or about July 02, 2019, Mr. Lesniak offered for import another
parcel intercepted and processed by the FDA at the Newark IMF and which
was addressed to him. FDA determined that one of the products contained
in this parcel was 530 tablets of RANIGAST MAX (Ranitidinum 150mg). The
product was refused entry on August 23, 2019, because the product's
required label or labeling appeared to not be in English, in violation
of 21 CFR 201.15(c)(1). FDA determined that one of the products
contained in this parcel was 25 packages of LIOTON 1000 ZEL (Heparinum
Natricum). The product was refused entry on August 23, 2019, because
the product's required label or labeling appeared to not be in English,
in violation of 21 CFR 201.15(c)(1). FDA determined that one of the
products contained in this parcel was 10 packages of MASC ICHTIOLOWA
(Ammonii bituminosulfonatis unguentum FP). The product was refused
entry on August 23, 2019, because the product's required label or
labeling appeared to not be in English, in violation of 21 CFR
201.15(c)(1). FDA determined that one of the products contained in this
parcel was 20 packages of OPOKAN ACTIGEL (100mg/ml, zel Naproxenum).
The product was refused entry on August 23, 2019, because the product's
required label or labeling appeared to not be in English, in violation
of 21 CFR 201.15(c)(1). FDA determined that one of the products
contained in this parcel was 3 packages of ALTACEL ZEL (Aluminii
Acetotartras 10mg/g). The product was refused entry on August 23, 2019,
because the product's required label or labeling appeared to not be in
English, in violation of 21 CFR 201.15(c)(1). All the products in this
parcel were misbranded drugs pursuant to section 502(c) of the FD&C
Act.
    On or about January 4, 2022, Mr. Lesniak offered for import another
parcel intercepted and processed by FDA at the Miami IMF and which was
addressed to him. FDA determined that one of the products contained in
this parcel was 4 boxes of DIOHESPAN MAX and was a misbranded drug
pursuant to section 502(c) of the FD&C Act because the product's
required label or labeling was not in English in violation of 21 CFR
201.15(c)(1) and the drug was not included in a list required by
section 510(j) of the FD&C Act. FDA determined that another one of the
products contained in this parcel was 4 boxes of NEO-ANGIN and was a
misbranded drug pursuant to section 502(c) of the FD&C Act because the
product's required label or labeling was not in English, in violation
of 21 CFR 201.15(c)(1), and the drug was not included in a list
required by section 510(j) of the FD&C Act. FDA determined that another
one of the products contained in this parcel was 10 boxes of FURAGINUM
and was a misbranded drug pursuant to section 502(c) of the FD&C Act
because the product's required label or labeling was not in English, in
violation of 21 CFR 201.15(c)(1), and the drug was not included in a
list required by section 510(j) of the FD&C Act. FDA determined that
another one of the products contained in this parcel was 10 boxes of
ALTACET and was a misbranded drug pursuant to section 502(c) of the
FD&C Act because the product's required label or labeling was not in
English, in violation of 21 CFR 201.15(c)(1), and the drug was not
included in a list required by section 510(j) of the FD&C Act. FDA
determined that another one of the products contained in this parcel
was 17 boxes of RUTINOSCORBIN and was a misbranded drug pursuant to
section 502(c) of the FD&C Act because the product's required label or
labeling was not in English, in violation of 21 CFR 201.15(c)(1), and
it was determined the drug is not included in a list required by
section 510(j) of the FD&C Act. FDA determined that another one of the
products contained in this parcel was 10 boxes of ESPUMISAN MAX and was
a misbranded drug pursuant to section 502(c) of the FD&C Act because
the product's required label or labeling was not in English, in
violation of 21 CFR 201.15(c)(1), and it was determined the drug is not
included in a list required by section 510(j) of the FD&C Act. FDA
determined that another one of the products contained in this parcel
was 18 boxes of RAPHACHOLIN FORTE and was a misbranded drug pursuant to
section 502(c) of the FD&C Act because the product's required label or
labeling was not in English, in violation of 21 CFR 201.15(c)(1), and
it was determined the drug is not included in a list required by
section 510(j) of the FD&C Act. FDA determined that another one of the
products contained in this parcel was 20 boxes of WEGIEL LECZNICZY and
was a misbranded drug pursuant to section 502(c) of the FD&C Act
because the product's required label or labeling was not in English, in
violation of 21 CFR 201.15(c)(1), and it was determined the drug is not
included in a list required by section 510(j) of the FD&C Act. FDA
determined that another one of the products contained in this parcel
was 41 boxes of GRIPEX MAX and was a misbranded drug pursuant to
section 502(c) of the FD&C Act because the product's required label or
labeling was not in English, in violation of 21 CFR 201.15(c)(1), and
it was determined the drug was not included in a list required by
section 510(j) of the FD&C Act. All the products in this parcel were
destroyed on March 11, 2022.
    On or about February 16, 2022, Mr. Lesniak offered for import a
parcel intercepted and processed by the FDA at the Miami IMF and which
was addressed to him. FDA determined that the product contained in this
parcel was 42 boxes of FLEGAMINA CLASSIC and was a misbranded drug
pursuant to section 502(c) of the FD&C Act because the product's
required label or labeling was not in English, in violation of 21 CFR
201.15(c)(1). The product was destroyed on March 11, 2022.
    On or about February 16, 2022, Mr. Lesniak offered for import
another parcel intercepted and processed by the FDA at the Miami IMF
and which was addressed to him. FDA determined that the product
contained in this parcel was 42 boxes of FLEGAMINA CLASSIC and was a
misbranded drug pursuant to section 502(c) of the FD&C Act because the
product's required label or labeling was not in English, in violation
of 21 CFR 201.15(c)(1). The product was destroyed on March 11, 2022.
    On or about February 18, 2022, Mr. Lesniak offered for import a
parcel intercepted and processed by the FDA at the Miami IMF and which
was addressed to him. FDA determined that the product contained in this
parcel was 42 boxes of FLEGAMINA CLASSIC and was a misbranded drug
pursuant to section 502(c) of the FD&C Act because the product's
required label or labeling was not in English, in violation of 21 CFR
201.15(c)(1), and it was determined

the drug was not included in a list required by section 510(j) of the
FD&C Act. The product was refused entry on March 22, 2022.
    As a result of this pattern of importing or offering for import
misbranded drugs (i.e. in an amount, frequency, or dosage that is
inconsistent with his personal or household use) that are not
designated in an authorized electronic data interchange system as
products regulated by FDA, in accordance with section 306(b)(3)(D) of
the FD&C Act (21 U.S.C. 335a(b)(3)(D)), FDA sent Mr. Lesniak, by
certified mail on October 17, 2022, a notice proposing to debar him for
a 5-year period from importing or offering for import any drug into the
United States. In proposing a debarment period, FDA weighed the
considerations set forth in section 306(c)(3) of the FD&C Act that it
considered applicable to Mr. Lesniak's pattern of conduct and concluded
that his conduct warranted the imposition of a five-year period of
debarment. The proposal informed Mr. Lesniak of the proposed debarment
and offered him an opportunity to request a hearing, providing 30 days
from the date of receipt of the letter in which to file the request,
and advised him that failure to request a hearing constituted a waiver
of the opportunity for a hearing and of any contentions concerning this
action. Mr. Lesniak received the proposal and notice of opportunity for
a hearing on October 22, 2022. Mr. Lesniak failed to request a hearing
within the timeframe prescribed by regulation and has, therefore,
waived his opportunity for a hearing and waived any contentions
concerning his debarment. (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(3)(D) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Wojciech Lesniak has engaged in a pattern of importing or offering for
import misbranded drugs (i.e. in an amount, frequency, or dosage that
is inconsistent with his personal or household use) that are not
designated in an authorized electronic data interchange system as
products regulated by FDA. FDA finds that this pattern of conduct
should be accorded a debarment period of 5 years as provided by section
306(c)(2)(A)(iii) of the FD&C Act.
    As a result of the foregoing finding, Mr. Lesniak is debarred for a
period of 5 years from importing or offering for import any drug into
the United States, effective (see DATES). Pursuant to section 301(cc)
of the FD&C Act (21 U.S.C. 331(cc)), the importing or offering for
import into the United States of any drug by, with the assistance of,
or at the direction of Mr. Lesniak is a prohibited act.

    Dated: February 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-03958 Filed 2-24-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7654-7655]
[FR Doc No: 2014-02679]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-50-000.
    Applicants: Northern States Power Company, a Minnesota corporation,
Border Winds Energy, LLC, Pleasant Valley Wind, LLC.
    Description: Authorization under Section 203 of the Federal Power
Act.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5367.
    Comments Due: 5 p.m. ET 2/20/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2249-003.
    Applicants: Portland General Electric Company.
    Description: Notice of Non-Material Change in Status of Portland
General Electric Company.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5369.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER10-2881-011; ER10-2882-011; ER10-2883-011; ER10-
2884-011; ER10-2885-011; ER10-2641-011; ER10-2663-011; ER10-2886-011;
ER13-1101-006; ER13-1541-005.
    Applicants: Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Oleander Power Project, Limited Partnership, Southern Company--Florida
LLC, Southern Turner Cimarron I, LLC, Spectrum Nevada Solar, LLC, Campo
Verde Solar, LLC.
    Description: Notification of Non-Material of Change in Status of
Alabama Power Company, et. al.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5386.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1209-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Attachment H and Attachment T Clean-Up Filing to be
effective 1/1/2012.

    Filed Date: 1/30/14.
    Accession Number: 20140130-5178.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1210-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-01-30--SA 6502 Illinois Power-Edwards SSR
Agreement to be effective 1/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5190.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1211-000.
    Applicants: PacifiCorp.
    Description: Salt River Project MOU ? First Revised to be effective
4/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5192.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1212-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-01-30--Schedule 43C Illinois Power Edwards SSR to
be effective 1/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5198.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1213-000.
    Applicants: Puget Sound Energy, Inc.
    Description: The Boeing Company TX Agreements 676, 677 & 678 to be
effective 1/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5200.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1214-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Amcor Rigid Plastics USA, Inc. to be effective 1/1/
2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5258.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1215-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: DEC OATT SA Nos. 208, 406, 447 and 448 (2014) to be
effective 1/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5262.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1216-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-01-30--RevisionsToPriceCorrections to be
effective 2/10/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5269.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1217-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwestern Power Administration Rate Change to be
effective 10/1/2013.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5271.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1218-000.
    Applicants: Armstrong Energy Limited Partnership, L.L.L.P.
    Description: Notice of Succession to be effective 1/31/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5333.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1219-000.
    Applicants: Armstrong Energy Limited Partnership, L.L.L.P.
    Description: Notice of Succession and Non-Material Change in Status
to be effective 1/31/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5338.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1220-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-01-30--RA--OneForMany to be effective 4/1/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5341.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1221-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: ISAs for the Transfer Of Ohio Power Company's
Generating Facilities to be effective 12/31/2013.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5342.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1222-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3195; Queue
Position W1-113/W2-078 to be effective 12/31/2013.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5345.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1223-000.
    Applicants: Pure Energy USA LLC.
    Description: MBR Application to be effective 3/31/2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5347.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1224-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: PMPA NITSA revisions OATT SA 355 to be effective 1/1/
2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5352.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1225-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Implement Lea County Stated Rate to be effective 4/1/
2014.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5359.
    Comments Due: 5 p.m. ET 2/20/14.

    Docket Numbers: ER14-1226-000.
    Applicants: Portland General Electric Company.
    Description: Order 784 Compliance Filing for MBR to be effective 1/
31/2014.
    Filed Date: 1/31/14.
    Accession Number: 20140131-5000.
    Comments Due: 5 p.m. ET 2/21/14.

    Docket Numbers: ER14-1227-000.
    Applicants: Verus Energy Trading, LLC.
    Description: Notice of Cancellation of MBR Tariff to be effective
2/1/2014.
    Filed Date: 1/31/14.
    Accession Number: 20140131-5049.
    Comments Due: 5 p.m. ET 2/21/14.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH14-5-000.
    Applicants: LS Power Development, LLC.
    Description: FERC 65-B Waiver Notification.
    Filed Date: 1/30/14.
    Accession Number: 20140130-5392.
    Comments Due: 5 p.m. ET 2/20/14.

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

    Dated: January 31, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-02679 Filed 2-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Page 14270]
[FR Doc No: 2018-06687]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD18-8-000; Docket No. EL18-26-000]

EDF Renewable Energy, Inc. v. Reform of Affected System
Coordination in the Generator Interconnection Process, Midcontinent
Independent System Operator, Inc., Southwest Power Pool, Inc., and PJM
Interconnection, L.L.C.; Supplemental Notice of Technical Conference

    As announced in the Notice of Technical Conference issued in this
proceeding on February 2, 2018 and the Supplemental Notice of Technical
Conference issued on February 27, 2018, the Federal Energy Regulatory
Commission (Commission) will convene a staff-led technical conference
in the above-referenced proceeding on Tuesday and Wednesday, April 3-4,
2018 from 9:30 a.m. to 4:30 p.m. (ET). The conference will be held in
the Commission Meeting Room at Commission headquarters, 888 First
Street NE, Washington, DC 20426. Commissioners may attend and
participate. The purpose of this conference is to discuss issues
related to the coordination of affected systems that have been raised
in the complaint filed by EDF Renewable Energy, Inc. against
Midcontinent Independent System Operator, Inc., Southwest Power Pool,
Inc., and PJM Interconnection, L.L.C. in Docket No. EL18-26-000 and in
the Commission's Notice of Proposed Rulemaking (Generator
Interconnection NOPR) on the interconnection process in Docket No.
RM17-8-000. The first day of the conference will focus on questions
specific to issues raised in the complaint filed in Docket No. EL18-26-
000, while the second day of the conference will focus on the broader
affected systems issues raised in the Generator Interconnection NOPR in
Docket No. RM17-8-000.
    An agenda with a list of selected speakers is attached and will be
available in the Commission Calendar of Events at http://www.ferc.gov.
    While this conference is not for the purpose of discussing other
specific cases, we note that the discussions at the conference may
address matters at issue in the following Commission proceedings that
are either pending or within their rehearing period:
    Internal MISO Generators v. Midcontinent Independent System
Operator, Inc., Docket No. EL15-99-000;
    EDF Renewable Energy, Inc. v. Midcontinent Independent System
Operator, Inc., Docket No. EL18-55-000;
    Southwest Power Pool, Inc., Docket No. ER18-421-000;
    Midcontinent Independent System Operator, Inc., Docket No. ER18-
636-000;
    Midcontinent Independent System Operator, Inc., Docket No. ER16-
1346-003;
    Midcontinent Independent System Operator, Inc., Docket No. ER16-
1817-004;
    Midcontinent Independent System Operator, Inc., Docket No. EL18-17-
000;
    Midcontinent Independent System Operator, Inc., Docket No. ER17-
156-002; and
    TranSource, LLC v. PJM Interconnection, L.L.C., Docket No. EL15-79-
001.
    The conference will be open for the public to attend. Information
on the technical conference will also be posted on the Calendar of
Events on the Commission's website, http://www.ferc.gov, prior to the
event. Advance registration is not required but is encouraged.
Attendees may register at the following web page: http://www.ferc.gov/whats-new/registration/04-03-18-form.asp.
    This event will be webcast and transcribed. Anyone with internet
access can navigate to the ``FERC Calendar'' at www.ferc.gov and locate
the technical conference in the Calendar of Events. Opening the
technical conference in the Calendar of Events will reveal a link to
its webcast. The Capitol Connection provides technical support for the
webcast and offers the option of listening to the meeting via phone-
bridge for a fee. If you have any questions, visit
www.capitolconnection.org or call<PHONE_NUMBER>. The webcast will be
available on the Calendar of Events at www.ferc.gov for three months
after the conference. Transcripts of the conference will be immediately
available for a fee from Ace-Federal Reporters, Inc.<PHONE_NUMBER>).
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected] or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact:

Sarah McKinley (Logistical Information), Office of External Affairs,
(202) 502-8004, [email protected]
Myra Sinnott (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER>, [email protected]
Kathleen Ratcliff (Technical Information), Office of Energy Market
Regulation,<PHONE_NUMBER>, [email protected]
Lina Naik (Legal Information), Office of the General Counsel, (202)
502-8882, [email protected]

    Dated: March 26, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-06687 Filed 4-2-18; 8:45 am]
 BILLING CODE 6717-01-P


----- Forwarded by Melanie King/RTP/USEPA/US on 07/23/2010 09:35 PM
-----
|------------>
| From:      |
|------------>
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
  |Melanie King/RTP/USEPA/US
|
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
|------------>
| To:        |
|------------>
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
  |"Higgins,Cortney"<EMAIL_ADDRESS>
|
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
|------------>
| Cc:        |
|------------>
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
  |RobertJ Wayland/RTP/USEPA/US@EPA, Michael Horowitz/DC/USEPA/US@EPA, Larry
Sorrels/RTP/USEPA/US@EPA, Amy Lamson/RTP/USEPA/US@EPA, Fred       |
  |Talcott/DC/USEPA/US@EPA, Peter Nagelhout/DC/USEPA/US@EPA
|
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
|------------>
| Date:      |
|------------>
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
  |07/14/2010 10:14 PM
|
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
|------------>
| Subject:   |
|------------>
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|
  |slides for SI RICE NESHAP tomorrow
|
  >---------------------------------------------------------------------------
-----------------------------------------------------------------|

Hi Cortney,
Welcome back, hope you had a great vacation.  Here are the slides for the
briefing tomorrow as well as a summary of the emissions data and MACT floor
calculation for each subcategory.  I'm working on a more detailed breakdown of
the costs that I'll be sending you as well but I probably won't have it to you
before the call.

Melanie King
Energy Strategies Group
Sector Policies and Programs Division
Office of Air Quality Planning and Standards U.S. Environmental Protection
Agency

Mail Code D243-01
RTP, NC  27711

Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
king.melanie@epa.gov(See attached file: SI RICE NESHAP OMB briefing 7-15-
10.ppt)(See attached file: Existing SI RICE NESHAP MACT Floors
7-14-10.xls)


[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 22013-22014]
[FR Doc No: 2017-09505]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0015; OMB No. 1660-0025]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Non-Disaster (ND) Grants System.

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the Non-Disaster (ND) Grants
System.

DATES: Comments must be submitted on or before July 10, 2017.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2017-0015. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Everett Yuille, Branch Chief (Systems
and Business Support Branch), FEMA, Grant Programs Directorate, Grant
Operations Division, at<PHONE_NUMBER>. You may contact the Records
Management Division for copies of the proposed collection of
information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Title 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principals, and Audit Requirements
for Federal Awards, establishes uniform administrative requirements,
cost principles, and audit requirements for FEMA. In order to minimize
the administrative burden for State and local partners to manage
grants, it is necessary to standardize FEMA's grant administration
processes. Currently, FEMA relies on multiple separate grants
management systems and manual processes to perform its grants
management functions. FEMA is revising this collection of information
by fully integrating and automating these systems through ND Grants
(https://portal.fema.gov), through which FEMA will implement a single,
integrated, web-based, grants data collection and management system.
With ND Grants, FEMA seeks to meet the intent of the E-Government
initiative, authorized by Public Law 106-107, passed on November 20,
1999, that requires that all government agencies both streamline grant
application processes and provide a mechanism to electronically create,
review, and submit a grant application via the Internet.

Collection of Information

    Title: Non-Disaster (ND) Grants System.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0025.
    FEMA Form: FEMA Form 080-0-0-15, Non-Disaster (ND) Grants System.
    Abstract: ND Grants is a web-based grants management system that
fulfills FEMA's strategic initiative to consolidate the entire non-
disaster grants management lifecycle into a single system. Currently,
ND Grants has functionality that supports the grantee application
process, award acceptance, amendments, and performance reporting.
    Affected Public: State, Local or Tribal Government.
    Number of Respondents: 2,380.
    Number of Responses: 52,598.
    Estimated Total Annual Burden Hours: 26,299 hours.

    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $988,053.43. There are no annual costs to respondents
operations and maintenance costs for technical services. There is no
annual start-up or capital costs. The cost to the Federal Government is
$8,244,902.03.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: April 27, 2017.
William H. Holzerland,
Senior Director for Information Management, Office of the Chief
Administrative Officer, Federal Emergency Management Agency (FEMA),
U.S. Department of Homeland Security.
[FR Doc. 2017-09505 Filed 5-10-17; 8:45 am]
BILLING CODE 9111-46-P


[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64910-64913]
[FR Doc No: 2018-27278]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84804; File No. SR-NYSE-2018-58]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Rule 123C To Extend
the Cut-Off Times for Order Entry and Cancellation for Participation in
the Closing Auction and When the Exchange Will Begin Disseminating
Order Imbalance Information for the Closing Auction

December 12, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on November 30, 2018, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The

Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 123C (The Closing Procedures)
to extend the cut-off times for order entry and cancellation for
participation in the closing auction and when the Exchange will begin
disseminating Order Imbalance Information for the closing auction. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 123C (The Closing Procedures)
to extend the cut-off times for order entry and cancellation for
participation in the closing auction and when the Exchange would begin
disseminating Order Imbalance Information \4\ for the closing auction
from 3:45 p.m. to 3:50 p.m. Eastern Time.\5\ The Exchange also proposes
non-substantive amendments to Rule 123C.
---------------------------------------------------------------------------

    \4\ Order Imbalance Information is described under Rule
123C(6)(a)(i) and (ii).
    \5\ Unless otherwise noted, all times listed in this proposal
are Eastern Time.
---------------------------------------------------------------------------

Proposed Amendment To Change 3:45 p.m. to 3:50 p.m. in Rule 123C
    Rule 123C sets forth the closing procedures on the Exchange. Among
other things, Rule 123C specifies the time by which by which Market-on-
Close (``MOC'') Orders,\6\ Limit-on-Close (``LOC'') Orders,\7\ and
Closing Offset (``CO'') Orders \8\ may be entered or cancelled. Until
3:45 p.m., these orders can be entered or cancelled without
restriction.\9\ At 3:45 p.m., if there is a significant imbalance of
buy MOC and marketable LOC Orders against sell MOC and marketable LOC
Orders, the Exchange will publish a Mandatory MOC/LOC Imbalance
Publication.\10\ After 3:45 p.m., MOC and LOC Orders may be entered
only to offset a Mandatory MOC/LOC Imbalance Publication.\11\ In
addition, between 3:45 p.m. and 3:58 p.m., MOC, LOC, and CO Orders may
be cancelled or reduced in size only to correct a legitimate error.\12\
In addition, as provided for in Rule 123C(6), at 3:45 p.m., the
Exchange begins disseminating an Order Imbalance Information Data Feed
for the close. Supplemental Material .40 to Rule 123C further provides
that if not otherwise specified, if the scheduled close of trading is
before 4:00 p.m., the times specified in Rule 123C shall be adjusted
based on the early scheduled time, and references to 3:45 p.m. shall
mean 15 minutes before the early scheduled close.
---------------------------------------------------------------------------

    \6\ An MOC Order is a Market Order in a security that, by its
terms, is to be executed in its entirety at the closing price. See
Rule 13(c)(4).
    \7\ An LOC Order is a Limit Order in a security that is entered
for execution at the closing price of the security on the Exchange
provided that the closing price is at or within the specified limit.
See [sic] 13(c)(2).
    \8\ A CO Order is a day Limit Order to buy or sell as part of
the closing transaction where the eligibility to participate in the
closing transaction is contingent upon: (i) An imbalance in the
security on the opposite side of the market from the CO Order; (ii)
after taking into account all other types of interest eligible for
execution at the closing price, there is still an imbalance in the
security on the opposite side of the market from the CO Order; and
(iii) the limit price of the CO Order being at or within the price
of the closing transaction. See Rule 13(c)(1).
    \9\ See Rule 123C(2)(a).
    \10\ A Mandatory MOC/LOC Imbalance Publication is the
dissemination of information that indicates a disparity between MOC
and marketable LOC interest to buy and MOC and marketable LOC
interest to sell, measured at 3:45 p.m. See Rule 123C(1)(d). Rule
123C(4) sets forth how the MOC and LOC Imbalance is to be calculated
and Rule 123C(5) sets forth the circumstances of when a Mandatory
MOC/LOC Imbalance Publication would be published.
    \11\ See Rules 123C(2)(b)(i) and (ii).
    \12\ See Rule 123C(3)(b). A ``legitimate error'' means an error
in any term of an MOC or LOC Order, such as price, number of shares,
side of the transaction (buy or sell) or identification of the
security. See Rule 123C(1)(c). After 3:58 p.m., MOC, LOC, and CO
Orders may not be cancelled for any reason. Rule 123(c)(3)[sic].
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 123C to change all references
to 3:45 p.m. in the Rule to 3:50 p.m.\13\ The Exchange also proposes to
amend Supplementary Material .40 to Rule 123C to provide that
references to 3:50 p.m. shall mean 10 minutes before the early
scheduled close. This proposed rule change would have the substantive
effect of changing: (1) The publication time for the Mandatory MOC/LOC
Imbalance Publication; (2) the cut-off time for unrestricted entry and
cancellation of MOC Orders and LOC Orders; (3) cancellation of CO
Orders; and (4) the time when the Exchange would begin disseminating
Order Imbalance Information for the close.
---------------------------------------------------------------------------

    \13\ To effect this change, the Exchange proposes to amend Rules
123C(1)(b), (d), (d)(ii), and (f); 123C(2)(a), (a)(i), (b), (b)(ii),
(c)(i), (c)(ii), and (c)(iii); 123C(3)(a), (b); 123C(4)(a)(i); Rule
123C(5)(a), (b), (b)(i), (b)(ii), (c); and Rule 123C(6)(a)(iv),
(a)(v), and (b).
---------------------------------------------------------------------------

    As the equities markets continue to evolve and become more
efficient and automated, the Exchange believes that the current cut-off
times can be extended and still serve the same purpose. The Exchange
believes that the proposed changes would give member organizations
greater control over their MOC, LOC, and CO Orders while continuing to
provide market participants enough time at the end of the trading day
to react to and offset closing order imbalances. Shortening the time
frame for order entry and cancellation restrictions and when Order
Imbalance Information would be disseminated is also consistent with the
related cut-off times available on other equity exchanges.\14\
---------------------------------------------------------------------------

    \14\ The Commission recently approved a proposed rule change by
the Nasdaq Stock Market LLC (``Nasdaq'') to move the cut-off times
for the entry of MOC and LOC Orders from 3:50 p.m. to 3:55 p.m. See
Securities Exchange Act Release No. 84454 (October 19, 2018), 83 FR
53923 (October 25, 2018) (SR-Nasdaq-2018-68) (Approval Order). In
addition, Cboe BZX Exchange, Inc. (``BZX'') offers ``Late-Limit-On-
Close Order'' and accepts this order until 4:00 p.m. and BZX uses a
3:55 p.m. cut-off for regular MOC and LOC Order entry in its closing
auction. See BZX Rules 11.23(a)(11) and (c)(1)(A). Finally, the
Exchange's affiliate, NYSE Arca, Inc. (``NYSE Arca'') initiates its
``Closing Auction Imbalance Freeze'' for all MOC and LOC Orders at
3:59 p.m. See NYSE Arca Rule 7.35-E(d)(2).
---------------------------------------------------------------------------

Non-Substantive Amendments to Rule 123C
    The Exchange proposes to amend Rule 123C(1)(c) to include CO Orders
in the definition of ``legitimate error''. This change would harmonize
the definition of ``legitimate error'' with Rule 123C(3)(B), which sets
forth the cut-off time for when an MOC, LOC, and CO Order may be
cancelled or reduced in size to correct a legitimate error.
    The Exchange also proposes the following non-substantive changes to
Rule 123C: (i) Remove the period from the titles of the sections (1),
(2), (3), and (5) to conform to the punctuation in other sections the
Rule; and (ii) capitalize the word ``Orders'' in the title of section
(3). The Exchange proposes a non-substantive correction to add a ``.''

at the end of the Rules 123C(4)(a)(i) and Rule 123(1)(b) [sic].
Finally, the Exchange proposes a non-substantive amendment to Rule
123C(5)(c) to capitalize the term ``Trading Halt'' as that is a defined
term under Rule 123C(1)(g).
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\15\ in general, and furthers the objectives of Section
6(b)(5),\16\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that extending the cut-off times for entry
and cancellation of MOC and LOC Orders, cancellation of CO Orders, as
well as when the Exchange would begin disseminating Order Imbalance
Information for the close would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it would allow market participants to retain control over their
orders for a longer period of time, and thereby assist those market
participants in managing their trading at the close. As the equities
markets continue to evolve and become more efficient and automated, the
Exchange believes that the current 3:45 p.m. cut-off time is no longer
necessary for market participants to respond to offset auction
imbalances. The Exchange believes that the proposed 3:50 p.m. cut-off
time reflects the efficiency and more automated nature of trading in
today's market, while also retaining sufficient time for market
participants to react to and offset any order imbalances leading into
the close. The proposed rule change should also improve price discovery
by facilitating additional participation in the closing auction.
    The Exchange further believes that the proposed rule change would
remove impediments to and perfect the mechanism of free and open market
and a national market system because it would more closely align the
Exchange's cut-off times with those of other equity exchanges. For
example, the Commission recently approved a proposed rule change by
Nasdaq to move the cut-off times for the entry of MOC and LOC Orders
from 3:50 p.m. to 3:55 p.m.\17\ In addition, BZX offers ``Late-Limit-
On-Close Order'' and accepts this order until 4:00 p.m. and also uses a
3:55 p.m. cut-off for regular MOC and LOC Order entry in its closing
auction.\18\ Finally, the Exchange's affiliate, NYSE Arca, initiates
its ``Closing Auction Imbalance Freeze'' for all MOC and LOC Orders at
3:59 p.m.\19\ The Exchange, therefore, believes that there is ample
precedent in the industry for extending the order entry cut-off time to
3:50 p.m. as proposed.
---------------------------------------------------------------------------

    \17\ See supra note 14.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    The Exchange also believes the proposal would promote just and
equitable principles of trade because the proposed rule change would
not alter the basic operations of the Exchange's closing procedures.
Rather, the proposed rule change would provide more time for
unrestricted order entry and cancellation leading into the close, while
maintaining existing requirements for how to determine whether to
publish a Mandatory MOC/LOC Imbalance Publication, the order entry and
cancellation requirements in the Rule, and the content of Order
Imbalance Information. Finally, the Exchange believes that the proposed
non-substantive amendments to Rule 123C would promote clarity and
consistency in Exchange rules.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, but rather will serve to
improve competition for order flow at the close of trading. The
Commission recently approved a proposed rule change by Nasdaq to move
the cut-off times for the entry of MOC and LOC Orders from 3:50 to 3:55
p.m.\20\ In addition, other exchanges operate closing auctions with
later cut-off times than proposed by the Exchange. The Exchange
believes that market participants that trade in the Exchange's closing
auction would similarly benefit from a later cut-off time, while also
continuing to have a period to enter orders to offset a published
imbalance. The proposed cut-off time would apply equally to all market
participants and reflects the current market environment where trading
is increasingly more automated and efficient. The non-substantive
amendments to Rule 123C are not designed to address any competitive
issues.
---------------------------------------------------------------------------

    \20\ See supra note 14.
---------------------------------------------------------------------------

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2018-58 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-NYSE-2018-58. 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 website (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 website 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2018-58 and should be
submitted on or before January 8, 2019.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2018-27278 Filed 12-17-18; 8:45 am]
 BILLING CODE 8011-01-P