[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Page 42743]
[FR Doc No: 2010-17907]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-1673-000]

Synergics Roth Rock North Wind Energy, LLC; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

July 9, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Synergics Roth Rock North Wind Energy, LLC's application for market-
based rate authority, with an accompanying rate tariff, noting that
such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 29, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-17907 Filed 7-21-10; 8:45 am]
BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, Office of Prevention, Pesticides & Toxic Substances 2. OMB control number b. G None a. 2 0 7 0  0 0 5 7 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. O Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes O No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title Data Call Ins for the Special Review and Registration Review Programs 8. Agency form number( s) ( If applicable) EPA ICR No. 0922.07; 8570 32; 8570 34; 8570 35; 8570 36; 8570 37: Data Call In Response Form ( form number pending); Requirements Status and Registrants' Response Form ( form number pending)

9. Keywords: Pesticides, special registration reviews, registration review, data call ins 10. Abstract: Under section 3( c)( 2)( B) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended, EPA may require pesticide registrants to generate and submit data to the Agency so the Agency may assess whether registration of an existing pesticide causes an unreasonable adverse effect on human health or the environment. Under section 3 ( g) of FIFRA, as amended, the Agency is required to periodically review all pesticide registrations.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. X Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. O Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 61 b. Total annual responses 61 1. Percentage of these responses collected electronically 0 % c. Total hours requested 64,699 d. Current OMB inventory 71,132 e. Difference  6,433 f. Explanation of difference 1. Program Change 2. Adjustment  6,433 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f.. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. O Recordkeeping b. G Third party disclosure c. O Reporting 1. O On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. G Semi annually 6. G Annually 7. G Biannually 8. O Other ( describe) 15 years 17. Statistical methods Does this information collection employ statistical methods?

G Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Angela F. Hofmann, Director, Regulatory Coordination Staff Phone: 202 564 0258 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Angela F. Hofmann, Director Regulatory Coordination Staff ( OPPTS) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51515-51518]
[FR Doc No: 2018-22043]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84360; File No. SR-IEX-2018-20]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
Its Fee Schedule To Specify the Circumstances Under Which the Exchange
Will Aggregate the Activity of Affiliated Members for Purposes of
Applying the Provisions of Rule 11.170(a) Related to the IEMM Program

October 4, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 26, 2018, the Investors Exchange LLC (``IEX''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ IEX is
filing with the Commission a proposed rule change to modify its Fee
Schedule, pursuant to IEX Rule 15.110(a) and (c), to specify the
circumstances under which the Exchange will aggregate the activity of
affiliated Members for purposes of applying the provisions of Rule
11.170(a) (IEX Enhanced Market Maker (``IEMM'')) Program. The Exchange
has designated this rule change as ``non-controversial'' under Section
19(b)(3)(A) of the Act \6\ and provided the Commission with the notice
required by Rule 19b-4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.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 the
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 these statement may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
Background
    The Exchange proposes to modify its Fee Schedule, pursuant to IEX
Rule 15.110(a) and (c), to specify the circumstances under which the
Exchange will aggregate the activity of affiliated Members for purposes
of applying the provisions of the IEMM Program. The Exchange also
proposes a minor change to correct an errant cross reference in the Fee
Schedule.
    The IEMM program is a Market Quality Incentive Program that offers
certain fee-based incentives for Members that provide meaningful and
consistent support to market quality and price discovery by extensive
quoting at and/or near the NBBO in IEX-listed securities for a
significant portion of the day.\8\ Specifically, a Member that
satisfies the quoting criteria for one or more of the following tiers
in each security listed on IEX over the course of the month that the
security is listed on IEX may be designated as an IEMM:
---------------------------------------------------------------------------

    \8\ See Rule 11.170(a). See also Securities Exchange Act Release
No. 82636 (February 6, 2018), 83 FR 6059 (February 12, 2018) (SR-
IEX-2018-02).
---------------------------------------------------------------------------

     Inside Tier IEMM: One or more of its MPIDs has a displayed
order entered in a principal capacity of at least one round lot resting
on the Exchange at the NBB and/or the NBO for an average of at least
20% of Regular Market Hours (the ``NBBO Quoting Percentage''); and/or
     Depth Tier IEMM: One or more of its MPIDs has a displayed
order entered in a principal capacity of at least one round lot resting
on the Exchange at the greater of 1 minimum price variation (``MPV'')
or 0.03% (i.e., 3 basis points) away from the NBBO (or more aggressive)
for an average of at least

75% of Regular Market Hours (the ``Depth Quoting Percentage'').
    Members that are designated as an IEMM qualify for the Standard
Match Fee Discount, Reduced Match Fee Discount, and the Spread-Crossing
Eligible Remove Fee Discount. Specifically, for Inside Tier IEMMs, the
Standard Match Fee Discount, Reduced Match Fee Discount, and the
Spread-Crossing Eligible Remove Fee Discount results in a $0.0001
discount for each execution subject to the Standard Match Fee Discount,
Reduced Match Fee Discount, or the Spread-Crossing Eligible Remove Fee
Discount, respectively, with no cap on aggregate monthly savings.
Furthermore, Depth Tier IEMMs will receive a $0.0001 discount for each
execution subject to the Standard Match Fee Discount, the Reduced Match
Fee Discount, and the Spread-Crossing Eligible Remove Fee Discount, up
to $20,000.00 in aggregate savings per month. If a Member qualifies
under both the Inside Tier and the Depth Tier, any earned Standard
Match Fee Discount, Reduced Match Fee Discount, and Spread-Crossing
Eligible Remove Fee Discount will be aggregated and applied to such
Member's executions subject to the Standard Match Fee, Reduced Match
Fee, or Spread-Crossing Eligible Remove Fee in securities priced at or
above $1.00, subject to the applicable Depth Tier aggregate monthly
savings cap of $20,000.00.
Proposed Changes
    The Exchange proposes to amend its Fee Schedule to provide for
aggregation of affiliated Members' activity for purposes of applying
the provisions of the IEMM Program. The proposal is substantially based
on Nasdaq Stock Market, LLC (``Nasdaq'') Rule 7027, and the New York
Stock Exchange, Inc.'s (``NYSE'') Price List.\9\
---------------------------------------------------------------------------

    \9\ See Nasdaq Rule 7027; see also NYSE's Price List, available
at: https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to add footnote 2 to the
Exchange's Fee Schedule, entitled ``Aggregation of activity of
affiliated Members'' to specify that for purposes of applying the
provisions of Rule 11.170(a), a Member may request that the Exchange
aggregate its activity with activity of such Member's affiliated
Members. A Member requesting aggregation of affiliate activity is
required to certify to the Exchange the affiliate status of Members
whose activity it seeks to aggregate prior to receiving approval for
aggregation, and inform the Exchange immediately of any event that
causes an entity to cease being an affiliate. The Exchange shall review
available information regarding the entities and reserves the right to
request additional information to verify the affiliate status of an
entity.\10\ The Exchange shall approve a request unless it determines
that the certification is not accurate.
---------------------------------------------------------------------------

    \10\ For example, the Exchange would review a Member's Form BD
in FINRA's Central Registration Depository (``CRD'') to verify that
the Member(s) for which it seeks aggregation pursuant to the
proposed rule is under 75% common ownership or control of the
requesting Member.
---------------------------------------------------------------------------

    If two or more Members become affiliated on or prior to the
sixteenth day of a month and submit the required request for
aggregation on or prior to the twenty-second day of the month, an
approval of the request by the Exchange shall be deemed to be effective
as of the first day of that month. If two or more Members become
affiliated after the sixteenth day of a month or submit a request for
aggregation after the twenty-second day of the month, an approval of
the request by the Exchange shall be deemed to be effective as of the
first day of the next calendar month. For purposes of applying the
provisions of Rule 11.170(a), references to an IEMM shall include the
Member and any of its affiliates that have been approved for
aggregation. The term ``affiliate'' shall mean any Member under 75%
common ownership or control of that Member.
    Lastly, the Exchange proposes to correct an errant cross reference
in the Fee Schedule that incorrectly cross references Rule 11.160(a)
(Notification Requirements for Offering Participants) as the IEX
Enhanced Market Maker program. The Exchange proposes to correct the
cross reference to appropriately cite to Rule 11.170(a) (Market Quality
Incentive Programs).
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) \11\ of the Act in general, and furthers the
objectives of Section 6(b)(5) of the Act \12\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change is consistent with
the protection of investors and the public interest because it
establishes a clear and objective process for aggregating activity
across affiliated legal entities to simplify the process of billing
under the IEMM program. Furthermore, the Exchange believes the proposed
rule change is consistent with the protection of investors and the
public interest in that it establishes a clear policy with respect to
affiliate aggregation for fee purposes that is common among other
exchanges, thereby promoting Members' understanding of the parameters
of the IEMM program and the efficiency of its administration. The
proposed rule is equitable because all similarly situated members are
subject to the proposed rules equally, and access to the Exchange is
offered on fair and nondiscriminatory terms.
    All Members seeking to aggregate their activity are subject to the
same reasonable parameters, in accordance with a standard that
recognizes an affiliation as of the month's beginning, or close in time
to when the affiliation occurs, provided the Member submits a timely
request. Moreover, the proposed billing aggregation language is
reasonable because it establishes a standard for implementation of
aggregation requests that is easy to administer and that reflects the
need for the Exchange to review and approve aggregation requests while
avoiding the complexities associated with proration of the bills of
Members that become affiliated during the course of a month. The
Exchange believes that this approach will thus simplify the process of
billing under the IEMM program for the Exchange and its Members and is
substantially similar to aggregation standards adopted by other
exchanges.\13\
---------------------------------------------------------------------------

    \13\ See supra note 4 [sic].
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change avoids
disparate treatment of Members that have divided their various business
activities between separate legal entities as compared to Members that
operate those business activities within a single legal entity. The
Exchange further notes that the proposed rule change is reasonable and
is designed to remove impediments to and perfect the mechanism of a
free and open market by harmonizing the rules across exchanges that
govern the aggregation of certain activity for purposes of billing. In
particular, as noted above, both Nasdaq and NYSE have substantially
similar rules governing aggregation of activity for fee purposes.\14\
Thus, the Exchange believes the proposed change does not present any
unique or novel issues under the Act that have not already been
considered by the Commission.
---------------------------------------------------------------------------

    \14\ See supra note 4 [sic].

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

    Lastly, the Exchange believes the proposed correction to the cross-
reference is reasonable and consistent with the protection of investors
and the public interest in that it is designed to make the Exchange's
Fee Schedule more clear and accurate, to the benefit of all market
participants.

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 intermarket or intramarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act. As
stated above, the proposed rule change, which applies equally to all
Members, is intended to reduce the Exchange's administrative burden in
applying discounts for firms which have requested aggregation with an
affiliate Member, and is substantially similar to rules adopted by
other exchanges. Because the market for order execution and routing is
extremely competitive, Members may readily opt to disfavor the Exchange
if they believe that alternatives offer them better value. The Exchange
thus does not believe the proposed changes will impair the ability of
Members or competing order execution venues to maintain their
competitive standing in the financial markets.
    Lastly, the Exchange believes the proposed correction to the cross
reference, as described above, does not impose any burden on
competition, as it is simply designed to make the Exchanges Fee
Schedule more clear and accurate, to the benefit of all market
participants.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \17\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \18\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may implement the proposed rule change to coincide with
the launch of its listing program. The Exchange believes that providing
for IEMM affiliate aggregation will help to address the significant
competitive challenges it will face in establishing itself as a
competitive listings market by providing appropriate incentives to
affiliated Members seeking to become IEMMs that accrue to the benefit
of issuers listed on IEX as well as market participants generally. The
Commission does not believe that the proposed change presents any new
or novel issues, as the Exchange's proposal is based on similar rules
of other listing exchanges. Accordingly, waiver of the operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \20\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-IEX-2018-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2018-20. This file
number should be included in 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 Section, 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 will also be available for inspection
and copying at the IEX's principal office and on its internet website
at www.iextrading.com. 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-IEX-2018-20
and should be submitted on or before November 1, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22043 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31119-31120]
[FR Doc No: 2014-12562]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-E-0851]

Determination of Regulatory Review Period for Purposes of Patent
Extension; PROGENSA PCA3 ASSAY

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for PROGENSA PCA3 ASSAY and is publishing this
notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of Patents and Trademarks, Department of Commerce, for the
extension of a patent which claims that medical device.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written petitions (two copies are required) and written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit petitions electronically to http://www.regulations.gov at Docket
No. FDA-2013-S-0610.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of
Management, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6257, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
permission to market the device is granted. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of Patents and Trademarks may award (half
the testing phase must be subtracted as well as any time that may have
occurred before the patent was issued), FDA's determination of the
length of a regulatory review period for a medical device will include
all of the testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device, PROGENSA PCA3
ASSAY. PROGENSA PCA3 ASSAY is an in vitro nucleic acid amplification
test. The assay measures the concentration of prostate cancer gene 3
(PCA3) and prostate specific antigen (PSA) ribonucleic acid (RNA)
molecules and calculates the ratio of PCA3 RNA molecules to PSA RNA
molecules (PCA3 Score) in post-digital rectal exam first catch male
urine specimens. The PROGENSA PCA3 ASSAY is indicated for use in
conjunction with other patient information to aid in the decision for
repeat biopsy in men 50 years of age or older who have had one or more
previous negative prostate biopsies and for whom a repeat biopsy would
be

recommended by a urologist based on current standard of care, before
consideration of PROGENSA PCA3 ASSAY results. A PCA3 score <25 is
associated with a decreased likelihood of a positive biopsy. Prostatic
biopsy is required for diagnosis of cancer. Subsequent to this
approval, the Patent and Trademark Office received a patent term
restoration application for PROGENSA PCA3 ASSAY (U.S. Patent No.
7,008,765) from The Johns Hopkins University & The Stichting Katholieke
Universiteit, The University Medical Centre Nijmegen, and the Patent
and Trademark Office requested FDA's assistance in determining this
patent's eligibility for patent term restoration. In a letter dated
February 1, 2013, FDA advised the Patent and Trademark Office that this
medical device had undergone a regulatory review period and that the
approval of PROGENSA PCA3 ASSAY represented the first permitted
commercial marketing or use of the product. Thereafter, the Patent and
Trademark Office requested that the FDA determine the product's
regulatory review period.
    FDA has determined that the applicable regulatory review period for
PROGENSA PCA3 ASSAY is 936 days. Of this time, 383 days occurred during
the testing phase of the regulatory review period, while 553 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 520(g) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving
this device became effective or if an exemption is not required, the
date an institutional review board under section 520(g)(3) of the FD&C
Act (21 U.S.C. 360j(g)(3)) approved the clinical investigation of the
device in humans: July 24, 2009. FDA has confirmed the applicant's
claim that no investigational device exemption (IDE) was required under
section 520(g) of the FD&C Act for human tests to begin. Institutional
review board (IRB) approval was required under section 520(g)(3) of the
FD&C Act and became effective on July 24, 2009.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): August
10, 2010. FDA has verified the applicant's claim that the premarket
approval application (PMA) for PROGENSA PCA3 ASSAY (PMA 100033) was
initially submitted August 10, 2010.
    3. The date the application was approved: February 13, 2012. FDA
has verified the applicant's claim that PMA P100033 was approved on
February 13, 2012.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the Patent and
Trademark Office applies several statutory limitations in its
calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 745 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either electronic or written comments and ask for a
redetermination by July 29, 2014. Furthermore, any interested person
may petition FDA for a determination regarding whether the applicant
for extension acted with due diligence during the regulatory review
period by November 26, 2014. To meet its burden, the petition must
contain sufficient facts to merit an FDA investigation. (See H. Rept.
857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should
be in the format specified in 21 CFR 10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written or
electronic petitions. It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. If you submit a written petition, two copies
are required. A petition submitted electronically must be submitted to
http://www.regulations.gov, Docket No. FDA-2013-S-0610. Comments and
petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 27, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12562 Filed 5-29-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69163-69166]
[FR Doc No: 2011-28836]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1226; Directorate Identifier 2011-NM-006-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes.
This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as:

    A recent safety review revealed that the fuel crossfeed valves
cannot be controlled when only emergency electrical power is
available.
    This condition, if not corrected, could (in combination with
other factors) prevent an in-flight engine re-light following a
double engine flame-out event, possibly resulting in loss of the
aeroplane.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 23,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE
Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31
(0)252-627-211; email<EMAIL_ADDRESS>
Internet http://www.myfokkerfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 regulatory
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 FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1226;
Directorate Identifier 2011-NM-006-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0158R1, dated November 8, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A recent safety review revealed that the fuel crossfeed valves
cannot be controlled when only emergency electrical power is
available.
    This condition, if not corrected, could (in combination with
other factors) prevent an in-flight engine re-light following a
double engine flame-out event, possibly resulting in loss of the
aeroplane.
    Another review revealed that an unwanted configuration of the
fuel fire shut-off valve indication logic had been introduced during
production on a limited number of F28 Mark 0100 aeroplanes.
    Furthermore, most of the current fuel crossfeed indications are
based on the crossfeed selection made by the flight crew and not on
the actual positions of the crossfeed valve actuators. In
combination with other factors, the current crossfeed indications
may mislead flight crews, possibly resulting in single engine in-
flight shutdowns and/or unnecessary precautionary landings.
    For the reasons described above, this AD requires modifications
of the crossfeed valve control and power supply, of the crossfeed
indication logic and power supply and of the fuel fire shut-off
valve indication logic.
* * * * *

Required actions also include modifying the overhead panel (introduce
provisions for a modified crossfeed indication), and for certain
airplanes modifying the transfer logic of the center wing fuel tank.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Fokker Services B.V. has issued the following service bulletins:

 Fokker Profroma Service Bulletin SBF100-28-043, Revision 1,
dated March 31, 2009, including Appendix II, Revision 2, dated July 22,
2010, including the following drawings:
     Fokker Drawing W41194, Sheet 009, Issue F, dated March 31,
2009;
     Fokker Drawing W41194, Sheet 016, Issue N, dated March 31,
2009;
     Fokker Drawing W41194, Sheet 018, Issue S, dated March 31,
2009; and
     Fokker Drawing W59221, Sheet 159, Issue ED, dated October
2, 2009.
 Fokker Service Bulletin SBF100-28-047, Revision 3, dated May
2, 2011, including Fokker Manual Change Notification--Operational
Documentation MCNO-F100-060, dated June 10, 2011, and Manual Change
Notification--Operational Document MCNO-F100-049, Revision 1, dated May
30, 2011, including the following drawings:
     Fokker Drawing D42770, Sheet 6, Issue U, dated May 2,
2011;
     Fokker Drawing D42780, Sheet 6, Issue T, dated May 2,
2011;
     Fokker Drawing W41074, Sheet 100, Issue GB, dated May 2,
2011;
     Fokker Drawing W41074, Sheet 101, Issue FW, dated May 2,
2011;
     Fokker Drawing W41194, Sheets 010 and 012, Issue J, dated
May 2, 2011;
     Fokker Drawing W41194, Sheets 011, 013, and 015, Issue U,
dated May 2, 2011;
     Fokker Drawing W41194, Sheets 014, 019, and 020, Issue S,
dated May 2, 2011;
     Fokker Drawing W41194, Sheet

017, Issue Q, dated May 2, 2011;
     Fokker Drawing W41319, Sheets 063, 064, 065, 066, 069,
071, and 074, Issue DY, dated May 2, 2011;
     Fokker Drawing W41319, Sheets 067, 068, 070, 072, and 073,
Issue DW, dated May 2, 2011;
     Fokker Drawing W46211, Sheet 71, Issue DL, dated April 21,
2009;
     Fokker Drawing W46211, Sheet 74, Issue DN, dated July 16,
2010;
     Fokker Drawing W46254, Sheets 30 through 36, Issue BL,
dated March 30, 2009;
     Fokker Drawing W46254, Sheet 37, Issue BP, dated March 30,
2009; and
     Fokker Drawing W59221, Sheets 161 and 162, Issue FC, July
9, 2010.
 Fokker Service Bulletin SBF100-28-052, dated June 15, 2009,
including Fokker Manual Change Notification--Operational Documentation
MCNO-F100-052 and Manual Change Notification--Maintenance Documentation
MCNM-F100-126, dated June 15, 2009, including the following drawings:
     Fokker Drawing D42126, Sheet 38, Issue AR, dated October
6, 1993;
     Fokker Drawing D42213, Sheet 2, Issue H, dated May 23,
1990;
     Fokker Drawing D42220, Sheet 60, Issue V, dated September
1, 1991;
     Fokker Drawing D42220, Sheet 71, Issue AQ, dated June 7,
1993;
     Fokker Drawing D42250, Sheet 23, Issue U, dated April
1993.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 6 products of U.S. registry. We also estimate that
it would take about 86 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $4,180 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $68,940, or $11,490 per product.

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 above, 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); and
    3. 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 a regulatory 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Fokker Services B.V: Docket No. FAA-2011-1226; Directorate
Identifier 2011-NM-006-AD.

Comments Due Date

    (a) We must receive comments by December 23, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 0070
and 0100 airplanes; certificated in any category; serial numbers
11244 through 11585 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    A recent safety review revealed that the fuel crossfeed valves
cannot be controlled when only emergency electrical power is
available.
    This condition, if not corrected, could (in combination with
other factors) prevent an in-flight engine re-light following a
double engine flame-out event, possibly resulting in loss of the
aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 24 months after the effective date of this AD, modify
the crossfeed valve control and power supply, the crossfeed
indication logic and power supply, and the fuel fire shut-off valve
indication logic, in accordance with the Accomplishment Instructions
of Fokker Service Bulletin SBF100-28-047, Revision 3, dated May 2,
2011, including Fokker Manual Change Notification--Operational
Documentation MCNO-F100-060, dated June 10, 2011, and Manual Change
Notification--Operational Document MCNO-F100-049, Revision 1, dated
May 30, 2011, including the drawings specified in paragraphs (g)(1)
through (g)(15) of this AD.
    (1) Fokker Drawing D42770, Sheet 6, Issue U, dated May 2, 2011.
    (2) Fokker Drawing D42780, Sheet 6, Issue T, dated May 2, 2011.
    (3) Fokker Drawing W41074, Sheet 100, Issue GB, dated May 2,
2011.
    (4) Fokker Drawing W41074, Sheet 101, Issue FW, dated May 2,
2011.
    (5) Fokker Drawing W41194, Sheets 010 and 012, Issue J, dated
May 2, 2011.
    (6) Fokker Drawing W41194, Sheets 011, 013, and 015, Issue U,
dated May 2, 2011.
    (7) Fokker Drawing W41194, Sheets 014, 019, and 020, Issue S,
dated May 2, 2011.
    (8) Fokker Drawing W41194, Sheet 017, Issue Q, dated May 2,
2011.
    (9) Fokker Drawing W41319, Sheets 063, 064, 065, 066, 069, 071,
and 074, Issue DY, dated May 2, 2011.
    (10) Fokker Drawing W41319, Sheets 067, 068, 070, 072, and 073,
Issue DW, dated May 2, 2011.
    (11) Fokker Drawing W46211, Sheet 71, Issue DL, dated April 21,
2009.
    (12) Fokker Drawing W46211, Sheet 74, Issue DN, dated July 16,
2010.
    (13) Fokker Drawing W46254, Sheets 30 through 36, Issue BL,
dated March 30, 2009;
    (14) Fokker Drawing W46254, Sheet 37, Issue BP, dated March 30,
2009.
    (15) Fokker Drawing W59221, Sheets 161 and 162, Issue FC, July
9, 2010.
    (h) Before or concurrent with the modification specified in
paragraph (g) of this AD, do the applicable actions specified in
paragraphs (h)(1) and (h)(2) of this AD:
    (1) For all airplanes: Modify the overhead panel (introduce
provisions for a modified crossfeed indication) in accordance with
the Accomplishment Instructions of Fokker Profroma Service Bulletin
SBF100-28-043, Revision 1, dated March 31, 2009, including Appendix
II, Revision 2, dated July 22, 2010, including the drawings
specified in paragraphs (h)(1)(i) through (h)(1)(iv) of this AD.
    (i) Fokker Drawing W41194, Sheet 009, Issue F, dated March 31,
2009.
    (ii) Fokker Drawing W41194, Sheet 016, Issue N, dated March 31,
2009.
    (iii) Fokker Drawing W41194, Sheet 018, Issue S, dated March 31,
2009.
    (iv) Fokker Drawing W59221, Sheet 159, Issue ED, dated October
2, 2009.
    (2) For airplanes with serial numbers 11442 through 11585,
equipped with the automatic fuel transfer system: Modify the
transfer logic of the center wing fuel tank, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-28-
052, including Fokker Manual Change Notification--Operational
Documentation MCNO-F100-052 and Manual Change Notification--
Maintenance Documentation MCNM-F100-126, dated June 15, 2009,
including the drawings specified in paragraphs (h)(2)(i) through
(h)(2)(v) of this AD.
    (i) Fokker Drawing D42126, Sheet 38, Issue AR, October 6, 1993.
    (ii) Fokker Drawing D42213, Sheet 2, Issue H, dated May 23,
1990.
    (iii) Fokker Drawing D42220, Sheet 60, Issue V, dated September
1, 1991.
    (iv) Fokker Drawing D42220, Sheet 71, Issue AQ, dated June 7,
1993.
    (v) Fokker Drawing D42250, Sheet 23, Issue U, dated April 1993.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (i) Modifications accomplished before the effective date of this
AD according to the service bulletins specified in paragraphs
(i)(1), (i)(2), (i)(3), and (i)(4) of this AD, as applicable, are
considered acceptable for compliance with the corresponding action
specified in this AD.
    (1) Fokker Service Bulletin SBF100-28-043, including Appendix
II, dated March 31, 2009.
    (2) Fokker Service Bulletin SBF100-28-047, Revision 2, dated
August 4, 2010.
    (3) Fokker Service Bulletin SBF100-28-047, Revision 1, dated
July 22, 2010.
    (4) Fokker Service Bulletin SBF100-28-047, dated May 10, 2010.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0158R1, dated November 8, 2010; and the service
bulletins specified in paragraphs (g) and (h) of this AD; for
related information.

    Issued in Renton, Washington, on October 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-28836 Filed 11-7-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7194-7196]
[FR Doc No: 2011-2852]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9264-3]

California State Nonroad Engine Pollution Control Standards;
Request for Authorization of Portable Equipment Registration Program;
Opportunity for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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

SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has finalized amendments to its Portable Equipment Registration
Program (PERP). PERP is a voluntary program that allows for the
registration of nonroad engines and equipment units that operate at
multiple locations, so that the engine/equipment owners can operate
throughout California without the need of obtaining permits from local
air pollution control districts. CARB has requested that EPA confirm
that certain emission standards of the voluntary PERP fall within the
scope of previously granted authorizations, and that a new
authorization be granted for those emission standards that are
otherwise not covered by the within-the-scope confirmation. This notice
announces that EPA has tentatively scheduled a public hearing to
consider California's PERP within-the-scope confirmation and
authorization request and that EPA is now accepting written comment on
the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on February 24, 2011, at 1:00 p.m. EST. EPA will hold a hearing
only if any party notifies EPA by February 17, 2011, expressing its
interest in presenting oral testimony. By February 18, 2011, any person
who plans to attend the hearing may call Robert Doyle at (202) 343-
9258, to learn if a hearing will be held or may check the following
webpage for an update: http://www.epa.gov/otaq/cafr.htm.
    Parties wishing to present oral testimony at the public hearing
should provide written notice to Robert Doyle at the e-mail address
noted below. If EPA receives a request for a public hearing, that
hearing will be held at 1310 L Street, NW., Washington, DC 20005.
    If EPA does not receive a request for a public hearing, then EPA
will not hold a hearing, and instead consider CARB's request based on
written submissions to the docket. Any party may submit written
comments until March 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0102, by one of the following methods:
     On-Line at http://www.regulations.gov: Follow the On-Line
Instructions for Submitting Comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2011-0102, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    On-Line Instructions for Submitting Comments: Direct your comments
to Docket ID No. EPA-HQ-OAR-2011-0102. EPA's policy is that all
comments we receive will be included in the public docket without
change and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will automatically be captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2011-0102.
Publicly available docket materials are available either

electronically through http://www.regulations.gov or in hard copy at
the Air and Radiation Docket in the EPA Headquarters Library, EPA West
Building, Room 3334, located at 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading Room is open to the public on all
Federal government work days from 8:30 a.m. to 4:30 p.m.; generally, it
is open Monday through Friday, excluding holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>. The Air and Radiation Docket
and Information Center's Web site is http://www.epa.gov/oar/docket.html. The electronic mail (e-mail) address for the Air and
Radiation Docket is<EMAIL_ADDRESS>the telephone number is
(202) 566-1742, and the fax number is<PHONE_NUMBER>. An electronic
version of the public docket is available through the Federal
government's electronic public docket and comment system. You may
access EPA dockets at http://www.regulations.gov. After opening the
http://www.regulations.gov Web site, enter EPA-HQ-OAR-2011-0102, in the
``Enter Keyword or ID'' fill-in box to view documents in the record.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute.
    EPA's Office of Transportation and Air Quality also maintains a
webpage that contains general information on its review of California
waiver requests. Included on that page are links to prior waiver and
authorization Federal Register notices; the page can be accessed at
http://www.epa.gov/otaq/cafr.htm.

FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney-Advisor,
Compliance and Innovative Strategies Division, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue (6405J), NW., Washington,
DC 20460. Telephone:<PHONE_NUMBER>. Fax:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. California's PERP Request

    In a letter dated December 5, 2008, CARB submitted to EPA its
request pursuant to section 209 of the Clean Air Act (``CAA'' or ``the
Act''), regarding its regulations to enforce the requirements of its
Portable Equipment Registration Program (PERP). CARB established the
PERP as a voluntary program to address the concerns of equipment owners
who moved equipment within California and thus often faced the need to
obtain separate preconstruction and operating permits from the
different local air pollution control districts in the state. Under the
PERP, once registered, portable equipment is no longer subject to local
air pollution control district permitting requirements. The PERP also
requires that all registered engines and equipment meet established
emission standards that reflected the best available control technology
for all classes and categories of portable equipment. Generally, this
means that, after January 1, 2006, only engines that meet the most
stringent CARB or EPA emission standards in effect at the time of
registration are allowed in the PERP. Registered compression-ignition
engines must also meet the requirements of the CARB Airborne Toxic
Control Measure (ATCM) for in-use portable diesel-fueled engines 50
brake-horsepower (hp) and greater (portable engines).\1\ If spark-
ignition engines do not meet Federal or CARB certification standards,
they can still meet some minimum requirements to be in the program.
---------------------------------------------------------------------------

    \1\ CARB has requested an authorization for this ATCM; EPA has
announced the opportunity for public hearing and public comment on
this request by another Federal Register notice also published
today. That notice is available at http://epa.gov/otaq/cafr.htm.
---------------------------------------------------------------------------

    CARB has requested that EPA confirm that parts of the voluntary
PERP for portable engines and equipment fall within the scope of
previously issued authorizations,\2\ and that the Administrator grant a
new authorization for those emission standards that are not otherwise
not covered by the within-the-scope confirmation.
---------------------------------------------------------------------------

    \2\ This includes: California State Nonroad Engine Pollution
Control Standards; Authorization of State Standards for 1996 and
later New Diesel Cycle Engines 175 Horsepower and Greater, 60 FR
48981 (September 21, 1995); California State Nonroad Engine and
Vehicle Pollution Control Standards: Authorization of Large Off-Road
Spark-Ignition Engine Standards, Notice of Decision, 71 FR 29621
(May 23, 2006); California State Nonroad Engine Pollution Control
Standards: California New Nonroad Compression Ignition Engine
Emission Standards; Notice of Decision (75 FR 8056) (February 23,
2010).
---------------------------------------------------------------------------

II. Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the Act permanently preempts any State, or
political subdivision thereof, from adopting or attempting to enforce
any standard or other requirement relating to the control of emissions
for certain new nonroad engines or vehicles.
    Section 209(e)(2) requires the Administrator, after notice and
opportunity for public hearing, to authorize California to enforce
standards and other requirements relating to the control of emissions
from new engines not listed under section 209(e)(1), if certain
criteria are met. EPA has promulgated regulations implementing these
provisions at 40 CFR part 1074. These regulations set forth the
criteria that EPA must consider before granting California
authorization to enforce its new nonroad emission standards.\3\
---------------------------------------------------------------------------

    \3\ Title 40 of the Code of Federal Regulations, part 1074.105
provides:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
Federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating
to the control of emissions from new nonroad spark-ignition engines
smaller than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased
risk of burn or fire) associated with compliance with the California
standard.
---------------------------------------------------------------------------

    As stated in the preamble to the section 209(e) rule, EPA has
historically interpreted the section 209(e)(2)(iii) ``consistency''
inquiry to require, at minimum, that California standards and
enforcement procedures be consistent with section 209(a), section
209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted that
subsection in the context of section 209(b) motor vehicle waivers).\4\
---------------------------------------------------------------------------

    \4\ See 59 FR 36969 (July 20, 1994).
---------------------------------------------------------------------------

    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with section 202(a)'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to

permit the development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
Federal and state testing procedures impose inconsistent certification
requirements.
    If California amends regulations that were previously granted an
authorization, EPA can confirm that the amended regulations are within
the scope of the previously granted authorization. Such within-the-
scope amendments are permissible without a full authorization review if
three conditions are met. First, the amended regulations must not
undermine California's determination that its standards, in the
aggregate, are as protective of public health and welfare as applicable
Federal standards. Second, the amended regulations must not affect
consistency with section 202(a) of the Act. Third, the amended
regulations must not raise any ``new issues'' affecting EPA's prior
authorizations.

III. Procedures for Public Participation

    As stated above, EPA is offering the opportunity for a public
hearing, and requesting written comment on issues relevant to the CARB
request. First, CARB has requested EPA confirm that parts of the
voluntary PERP for portable engines and equipment fall within the scope
of previously issued authorizations or submitted authorization
requests. Within the context of a within-the-scope analysis, EPA
invites comment on whether California's PERP requirements (1) undermine
California's previous determination that its standards, in the
aggregate, are at least as protective of public health and welfare as
comparable Federal standards, (2) affect the consistency of
California's requirements with section 202(a) of the Act, and (3) raise
any other new issues affecting EPA's previous waiver or authorization
determinations.
    Second, CARB has requested that the Administrator grant a new
authorization for those emission standards that are not otherwise not
covered by the within-the-scope confirmation. For this full
authorization analysis, we request comment on: (a) Whether CARB's
determination that its standards, in the aggregate, are at least as
protective of public health and welfare as applicable Federal standards
is arbitrary and capricious, (b) whether California needs such
standards to meet compelling and extraordinary conditions, and (c)
whether California's standards and accompanying enforcement procedures
are consistent with section 209 of the Act.
    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until March 24, 2011. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2011-0102.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information'' (CBI).
If a person making comments wants EPA to base its decision on a
submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not inadvertently placed in the public docket, submissions
containing such information should be sent directly to the contact
person listed above and not to the public docket. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent allowed, and according to the procedures set forth in 40 CFR
Part 2. If no claim of confidentiality accompanies the submission when
EPA receives it, EPA will make it available to the public without
further notice to the person making comments.

    Dated: February 3, 2011.
Lori Stewart,
Acting Director, Office of Transportation and Air Quality, Office of
Air and Radiation.
[FR Doc. 2011-2852 Filed 2-8-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83931-83932]
[FR Doc No: 2023-26461]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1403-068]

Yuba County Water Agency; 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: New Major License.
    b. Project No.: 1403-068.
    c. Date Filed: November 14, 2023.
    d. Applicant: Yuba County Water Agency.
    e. Name of Project: Narrows Hydroelectric Project.
    f. Location: The existing project is located on the Yuba River in
Nevada County, California, approximately 23 miles northeast of the City
of Marysville. The project affects 0.55 acres of Federal land managed
by the U.S. Army Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Willie Whittlesey, General Manager, Yuba
County Water Agency, 1220 F Street, Marysville, CA 95901; Telephone
(530) 741-5000 or email [email protected].
    i. FERC Contact: Rebecca Kipp,<PHONE_NUMBER> or
[email protected].
    j. Cooperating agencies: Federal, State, local, and Tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item1 below. Cooperating agencies should note the
Commission's policy that agencies that cooperate in the preparation of
the environmental document cannot also intervene. See, 94 FERC ] 61,076
(2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: January 13, 2024.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at [email protected],<PHONE_NUMBER> (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, you may submit a paper
copy. Submissions sent via the U.S. Postal Service must be addressed
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852. All filings must clearly identify the
project name and docket number on the first page: Narrows Hydroelectric
Project (P-1403-068).
    m. This application is not ready for environmental analysis at this
time.
    n. The existing Narrows Hydroelectric Project consists of the
following facilities: (1) a 1,077-foot-long gunite-lined tunnel that
connects a U.S. Army Corps of Engineers tunnel to the project penstock;
(2) a 266-foot-long steel penstock with a diameter varying between 7.6
and 8 feet that connects the project tunnel to the project's powerhouse
and includes a 277-foot-long surge structure; (3) an 82.5-foot by 43.6-
foot by 92-foot concrete powerhouse containing a 48-inch-diameter
bypass pipe and a single Francis turbine with a generating capacity of
12 megawatts; and (4) a powerhouse access tram. Yuba County Water
Agency is not proposing any changes to project facilities or operation.
    o. Copies of the application may be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document (P-1403). For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). A copy is also available for inspection
and reproduction at the address in item (h) above.
    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.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    q. Procedural schedule and final amendments: the application will
be processed according to the following preliminary schedule. Revisions
to the schedule will be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter (if necessary).  January 2024.
Request Additional Information (if       January 2024.
 necessary).
Issue Scoping Document 1 for comments..  March 2024.
Issue Acceptance Letter................  April 2024.
Request Additional Information (if       May 2024.
 necessary).
Issue Scoping Document 2 (if necessary)  June 2024.
Issue Notice of Ready for Environmental  June 2024.
 Analysis.
------------------------------------------------------------------------

    r. 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: November 27, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-26461 Filed 11-30-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29838]
[DOCID:fr22my08-111]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Long Island Railroad Company

(Waiver Petition Docket Number FRA-2008-0045)

    The Long Island Railroad Company (LIRR) seeks a permanent waiver of
compliance from a certain provision of the Use of Locomotive Horns at
Highway-Rail Grade Crossings, 49 CFR Part 222. LIRR is seeking a waiver
to permit trains to sound one short blast of the train horn when
departing from 24 specific train stations, which are located no more
than 50 feet from a public highway-rail grade crossing. Specifically,
LIRR is seeking a waiver from the provisions of 49 CFR Part 222.21. The
waiver petition is supported by the ten public authorities that are
responsible for the roadways near the 24 train stations listed in the
petition.
    LIRR states that the modification to the final rule 49 CFR 222.21
on August 17, 2006, by the addition of 49 CFR 222.21(d), which provides
that under certain conditions trains stopped in the vicinity of public
highway-rail grade crossings would be able to sound their horn less
than 15 seconds, still requires the railroad to blow its horn in
required sequence (two longs, one short and two longs) until the lead
locomotive blocks the crossing from all approaches.
    LIRR states that its previous practice at these 24 train stations
were to sound a short blast as the train departed the station and
approached the nearby highway-rail grade crossing. LIRR states that a
review of internal and FRA records for the past 10 years show no
incidents occurring when trains departed from any of these stations.
The approximate distance between the edge of the road to the station
platform varies between 8 to 50 feet. All of the crossings are equipped
with gates, flashing lights and bells. LIRR requests to return to its
prior policy of sounding one short blast of its train horn when
departing from the 24 train stations. It believes, based upon the lack
of any incidents when trains departed from the stations under its
previous practice, that the safety of those traversing the crossings,
as well as LIRR's customers and employees, will not be adversely
affected. It has received numerous complaints about the additional
train horn noise since 49 CFR Part 222 went into effect.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0045) and may be submitted by any of the following methods:
    1. Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
    2. Fax:<PHONE_NUMBER>.
    3. Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
    4. Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on May 16, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-11457 Filed 5-21-08; 8:45 am]

BILLING CODE 4910-06-P