[Federal Register: September 27, 2005 (Volume 70, Number 186)]
[Notices]
[Page 56514-56520]
[DOCID:fr27se05-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 35-28032]

Filings Under the Public Utility Holding Company Act of 1935, as
Amended (``Act'')

September 19, 2005.
    Notice is hereby given that the following filing(s) has/have been
made with the Commission pursuant to provisions of the Act and rules
promulgated under the Act. All interested persons are referred to the
application(s) and/or declaration(s) for complete statements of the
proposed transaction(s) summarized below. The application(s) and/or
declaration(s) and any amendment(s) is/are available for public
inspection through the Commission's Branch of Public Reference.
    Interested persons wishing to comment or request a hearing on the
application(s) and/or declaration(s) should submit their views in
writing by October 14, 2005, to the Secretary, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-9303, and serve a
copy on the relevant applicant(s) and/or declarant(s) at the
address(es) specified below. Proof of service (by affidavit or, in the
case of an attorney at law, by certificate) should be filed with the
request. Any request for hearing should identify specifically the
issues of facts or law that are disputed. A person who so requests will
be notified of any hearing, if ordered, and will receive a copy of any
notice or order issued in the matter. After October 14, 2005, the
application(s) and/or declaration(s), as filed or as amended, may be
granted and/or permitted to become effective.

Entergy Corporation, et al. (70-10324)

    Entergy Corporation (``Entergy''), a Delaware corporation and
registered holding company, and its wholly-owned subsidiaries Entergy
Louisiana, Inc., (``Company''), a Louisiana corporation, and Entergy
Services, Inc. (``ESI''), a Delaware corporation all located at 639
Loyola Avenue, New Orleans, LA 70113, (together, ``Applicants''), have
filed an application-declaration (``Application'') with the Commission
under sections 6(a), 7, 9(a), 10, 12(b), 12(c) and 13(b) of the Act and
rules 42, 43, 45, 46, 54, 87, 90 and 91 under the Act.

Introduction and Background Information

Description of the Company

    The Company, which is a direct subsidiary of Entergy, owns and
operates a retail electric utility business in certain parishes in the
state of Louisiana. The Company, together with Entergy's other domestic
retail electric utility subsidiaries (i.e., Entergy Arkansas, Inc.
(``EAI''), Entergy Gulf States, Inc. (``EGSI''), Entergy Mississippi,
Inc. (``EMI'') and Entergy New Orleans Inc. (``ENOI'')), collectively
provide electric service to approximately 2,662,000 customers in
portions of Arkansas, Louisiana (including the City of New Orleans),
Mississippi and Texas. As of December 31, 2004, the Company has
approximately 662,000 electric utility customers and owns or leases
approximately 5363 MWs of gas/oil and nuclear generating capacity in
Louisiana. In addition, in June 2005, the Company acquired a 718 MW
power plant from Perryville Energy Partners, LLC, located near Monroe,
Louisiana. Among its other assets, the Company also holds (i) a 33%
equity ownership interest in SFI (``SFI Ownership Interest''), a fuel
procurement company formed in 1972 as a jointly-owned nonutility
subsidiary of Entergy's four original domestic retail operating
companies (i.e., EAI, EMI, ENOI and the Company), as well as (ii)
$14,223,000 in notes receivable from SFI (``SFI Notes Receivable'')
relating to loans provided by the Company and the other original
operating companies for the purpose of financing SFI's operations.

Reason for Proposed Transactions

    Under the Louisiana Revised Statutes Section 47.601A, the Company
is obligated to pay corporation franchise taxes in the state of
Louisiana. These taxes impose a substantial financial obligation on the
Company and its ratepayers. For example, the Company's 2005 Louisiana
franchise tax liability was $10.3 million. Louisiana law requires every
Louisiana corporation (and every non-Louisiana corporation that
qualifies to do business in Louisiana or is doing business in
Louisiana) to pay this tax. However, Louisiana law does not subject
limited liability companies to this tax. For this reason, in Docket No.
U-20925 (RRF 2004) of the Louisiana Public Service Commission
(``LPSC''), the LPSC staff recommended that the Company review the
feasibility of restructuring its business form into a limited liability
company in order to eliminate the Company's obligation to pay franchise
taxes and the Company agreed to this recommendation. Applicants state
that the proposed restructuring would implement the LPSC staff
recommendation in Docket No. U-20925. Upon the approval of the proposed
restructuring, the resulting decrease in the Company's jurisdictional
revenue requirement (which consists of the anticipated franchise tax
savings less the costs associated with the restructuring, amortized
over an appropriate period of time) would be fully reflected in the
Company's rates.
    Specifically, the Company proposes to restructure itself, through a
two step process, into a new company, Holdings, and (i) a newly formed
direct subsidiary of Holdings, referred to herein as ELL, which at the
time of the Merger will become a public utility company, succeed to all
of the Company's utility operations and be allocated substantially all
of Holding's assets and

other properties (including all of the utility assets), as well as
assume substantially all of the obligations of Holdings in effect prior
to the Merger (including all of its debt securities and leases) and
(ii) another newly formed subsidiary of Holdings, ELP, which at the
time of the Merger, will be allocated certain undeveloped real property
of the Company, known as the St. Rosalie and Wilton Plant Sites
(``Plant Sites''), as well as the SFI Ownership Interest and SFI Notes
Receivable, and assume any obligations/liabilities relating to these
assets. Applicants propose that Holdings become an intermediate holding
company and, following the Merger, register as a holding company under
the Act.
    Applicants propose that Holdings serve as the parent of ELL, since
Entergy would itself be exposed to Louisiana franchise tax liability in
the event that ELL was to become a direct Entergy subsidiary.
Applicants also propose that ELP be formed to hold the Plant Sites, the
SFI Ownership Interest and the SFI Notes Receivable since (i) Holdings
cannot retain any real property or other physical assets without also
becoming subject to Louisiana franchise tax liability and (ii) Holdings
would become subject to the jurisdiction of the LPSC if it retains the
SFI Ownership Interest and SFI Notes Receivable, which currently are
assets of the Company in rate base.

Proposed Restructuring

Conversion of the Company to Holdings, a Texas Corporation
    The first step in the proposed restructuring is to change the place
of incorporation of the Company from Louisiana to Texas. Since the
Texas merger statute is only available for use by Texas corporations,
this step allows the use of the flexible merger provisions of Article
5.01 of the Texas Business Corporation Act (``TBCA'') in the formation
of ELL and ELP. Section 164 of the Louisiana Business Corporation Law
and Article 5.17 of the TBCA permit a Louisiana corporation to convert
to a Texas corporation. Under these statutes, the Company will adopt a
Plan of Conversion under which the Company will continue its existence
under the name of Entergy Louisiana, Inc., a Texas corporation
(``Holdings''). Under the Plan of Conversion, all of the Common Stock
and Preferred Stock of the Company will remain outstanding as the
Common Stock and Preferred Stock of Holdings and the holders of these
securities will have the same rights and interests in Holdings as they
had in the Company immediately prior to the effective date of the
Merger.\1\ All of the ownership rights and interests in the real estate
and other assets of the Company will continue to be owned by Holdings,
subject to existing liens and encumbrances. Similarly, all liabilities
and obligations of the Company will continue to be liabilities and
obligations of Holdings, without impairment or diminution. It is
intended that the Conversion of the Company to a Texas corporation
under the Plan will qualify as a tax-free reorganization under Internal
Revenue Code (``IRC'') Section 368(a)(1)(F), and not result in the
imposition of any federal income tax.
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    \1\ The Company has outstanding 146,970,607 shares of Common
Stock, without par value, all of which are held by Entergy. The
Company's outstanding Preferred Stock consists of 635,000 shares of
Preferred Stock, with a par value of $100 per share, issued in eight
series and 1,480,000 shares of Preferred Stock, with a par value of
$25 per share.
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The Merger
    Applicants state that the second and final step in the proposed
restructuring is to form ELL, the new Texas limited liability company
that will own and operate the Company's retail electric business, and
ELP, the new Texas limited liability company, will own the Plant Sites,
the SFI Ownership Interest and the SFI Notes Receivable. Under Article
5.01 of the TBCA, Holdings will enter into a Plan of Merger
(``Merger''), under which Holdings will continue to exist and ELL and
ELP will be formed. Following the Merger, all of the Common Stock and
Preferred Stock of Holdings will continue to be outstanding and will
continue to be owned by the persons who owned these securities
immediately prior to the Merger.\2\ Also (i) 146,970,607 units of
Common Membership Interests of ELL (``ELL Common Units''), representing
all of the issued and outstanding Common Membership Units of ELL and
(ii) 100 units of Common Membership Interests of ELP (``ELP Common
Units''), representing all of the issued and outstanding Common
Membership Units of ELP, will be issued and allocated to Holdings.
Substantially all of the real estate and other property owned, leased
and claimed by Holdings immediately prior to the Merger will be
allocated to and vested in ELL.\3\ However, Holdings will transfer to
ELP the Plant Sites, the SFI Ownership Interest, the SFI Notes
Receivable and working capital in an amount sufficient to fund the day-
to-day business operations of ELP (``ELP Assets''). The allocation of
property to ELL under the merger provisions of the TBCA is intended to
be tax free under I.R.C. Section 351. The allocation to ELP also will
be tax free, because ELP will be a disregarded entity for federal
income tax purposes.
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    \3\ Applicants state that Entergy, as the holder of all of the
Common Stock of Holdings, will consent to the Merger. While the
Articles of Incorporation of the Company (and of Holdings) provide/
will provide that the holders of at least two-thirds of the
outstanding shares of Preferred Stock must also be obtained in order
to merge with another corporation or to sell or otherwise dispose of
all or substantially all of the assets of the Company, such approval
is not required in the event that the transaction is approved by the
Commission under the Act. Therefore, Applicants state that, assuming
approval is granted by the Commission, the consent of the holders of
the Company's Preferred Stock is not required to consummate the
Merger.
    \3\ The assets that will be allocated to ELL include
approximately:
    (i) 6,081 MWs of electric generating capacity;
    (ii) 2,700 miles of transmission lines and associated
transmission facilities and
    (iii) 20,362 pole miles of distribution lines and related
facilities serving approximately 662,000 customers in Louisiana.
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    Applicants state that all liabilities and obligations of Holdings
immediately prior to the Merger will be allocated to ELL, except
liabilities and obligations relating to the ELP Assets, which will be
allocated to ELP.\4\ Holdings will have

continuing liability for those liabilities and obligations allocated to
ELL and ELP at the time of the Merger as provided by law, but not for
any obligation or liability incurred by ELL or ELP after the Merger.\5\
Holdings also will retain an amount of working capital sufficient to
meet its business needs. ELL will succeed to and assume all of the
Company's jurisdictional tariffs, rate schedules and service
agreements, as well as all of the Company's franchises, and will
provide electric service to the Company's customers without
interruption. ELL will also be the successor to the Company with
respect to the commitments and authorizations set forth in the various
Commission orders and underlying applications, including those relating
to such matters as the conduct of the Company's utility business or the
sale of utility assets, the Company's transactions with associate
companies and its financing transactions (except to the extent
otherwise provided in this Application).
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    \4\ Applicants state that the significant liabilities and
obligations to be allocated to ELL include (as of December 31,
2004):
    (i) $490 million of outstanding first mortgage bonds issued
under the Company's Mortgage and Deed of Trust, dated April 1, 1944,
as amended;
    (ii) $415 million of pollution control revenue bonds, $232
million of which are secured by collateral first mortgage bonds;
    (iii) approximately $248 million present value of future net
minimum lease payments under the lease of a portion of Waterford 3;
    (iv) lease payments relating to approximately $32 million of
nuclear fuel and
    (v) obligations under various power purchase and sale
agreements, including the Unit Power Sales Agreement with System
Energy Resources, Inc. (``System Energy''), various transmission
service and interconnection agreements, and various fuel purchase
and related agreements with SFI or non-affiliates, such as the
Liquid Fuels Purchase Contract, between SFI, as Seller, and EAI,
EMI, ENOI and the Company, as Buyers; the Nuclear Fuel and Fuel
Services Agreement between SFI and certain of the System operating
companies (including the Company) and System Energy; and the Fuel
Lease with River Fuel Company 2, Inc., providing for the
lease of nuclear fuel for Waterford 3.
    The agreements governing these obligations do not prohibit the
allocation of these obligations to ELL. The Company will obtain all
required consents of parties to these agreements.
    Applicants state that while the Plan of Merger also provides
that the liabilities and obligations associated with the Plant
Sites, the SFI Ownership Interest and the SFI Notes Receivable will
be allocated to ELP, there are not expected to be any obligations
associated with the Plant Sites, other than the payment of related
taxes and any maintenance expenses, and there are no outstanding
obligations/liabilities associated with the ownership of the SFI
related assets. Following the Merger, SFI will continue to provide
fuel procurement services to ELL on the same basis as such services
are currently provided to the Company and the other original Entergy
operating companies, EAI, EMI and ENOI. As indicated above, the
obligations associated with these services will be allocated to and
assumed solely by ELL in its capacity as a customer of SFI.
    \5\ Under the Plan of Merger, ELL or ELP, as applicable, will
reimburse Holdings for any liabilities or defense related expenses
that Holdings incurs with respect to the liabilities and
obligations, which are allocated to the entity.
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Management of ELL and ELP
    Under the proposed Articles of Organization and Regulations of
Entergy Louisiana, LLC and the proposed Articles of Organization and
Regulations of Entergy Louisiana Properties, LLC, ELL and ELP will each
be managed under the authority of managers, each of which will be
called a Director. Directors will act by majority vote either at a
meeting or without a meeting. Holders of ELL Common Units or ELP Common
Units, as applicable (as well as holders of ``Preferred Units'' of ELL
(as defined below), to the extent provided below) will have the right
to vote in the election of Directors and on other matters requiring
approval of the members of these entities. The Directors, by majority
vote, will elect a president, who will also serve as the chief
executive officer, as well as a treasurer, a secretary, one or more
vice presidents and other officers.

Proposed Financing Transactions

Financing Transactions of Holdings
    As a result of the Merger, Holdings will become a holding company
and will register under section 5 of the Act. Section 11(b)(2) of the
Act requires that the Commission take action to ensure that ``the
corporate structure or continued existence of any company in the
holding company system does not unduly complicate the structure or
inequitably distribute voting power among security holders.''
Consistent with this requirement, Applicants propose that, subsequent
to the Merger, no outside party have an interest in Holdings and that
Holdings have no outside security holders, lenders or customers (except
as provided above with respect to Holdings' continuing liability as to
securities issued or other obligations incurred and outstanding prior
to the Merger). To effect this intent, within one year of the Merger
effective date, Holdings proposes to redeem or repurchase and retire
the preferred stock (``Preferred Stock'') previously issued by the
Company, which will remain outstanding after the effective date of the
Plans of Conversion and Merger. After the Preferred Stock has been
redeemed, Holdings will amend its Articles of Incorporation to
eliminate authority to issue Preferred Stock. Additionally, since the
Plan of Merger provides that all outstanding short or long-term debt of
the Company will be allocated to ELL and ELL will succeed to all of the
Company's utility operations, Holdings will have no external debt
holders or customers (except with respect to Holdings' continuing
liability as to debt securities or customer obligations, which are
outstanding prior to the Merger). Also, Entergy will continue to hold
all of the outstanding Common Stock of Holdings. Applicants further
propose that upon the effective date of the Merger, the Company's
existing December 29, 2003 financing order (``Finance Order'') be
terminated and that Holdings be authorized to participate in the Money
Pool as a lender only, to the extent that it may, from time to time,
have surplus funds. Inasmuch as Holdings is to be capitalized
exclusively with equity and/or debt provided by Entergy, Holdings
proposes to issue and sell equity or debt securities to Entergy from
time to time through December 31, 2008 (``Authorization Period''),\6\
up to an aggregate amount of $500 million. Any debt securities issued
to Entergy under this authorization will be designed to parallel
Entergy's effective cost of capital and will have maturities not
exceeding 50 years. Entergy also may elect to make capital
contributions or non-interest bearing open account advances to
Holdings, as authorized under rule 45. Applicants state that in no
event will Holdings borrow from Entergy for the purpose of making loans
to associate companies under the Money Pool.
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    \6\ Although Applicants request that the Authorization Period be
through December 31, 2008, because of the passage of the Energy
Policy Act of 2005, which repeals the Act, the Authorization Period
will be through February 8, 2006.
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ELP Participation in Money Pool
    As a result of the Merger, ELP will be formed to own the Plant
Sites, the SFI Ownership Interest and the SFI Notes Receivable. Since
ELP will not be engaging in any other business operations and is not
expected to have any on-going obligations/liabilities other than the
payment of taxes, any expenses relating to its ownership of the Plant
Sites and routine expenses associated with record-keeping and corporate
maintenance requirements, it is anticipated that ELP will have minimal
financing needs. To satisfy these financing needs, Applicants request
authorization for ELP to participate in the Money Pool as a borrower
(as well as a lender), through the Authorization Period, on the same
basis as the other participating companies. The aggregate principal
amount of ELP's borrowings at any one time outstanding through the
Money Pool will not exceed $50 million. Any loans by ELP to other
participants through the Money Pool will be made from ELP's available
funds. ELP will not borrow funds for the purpose of making loans to
associate companies through the Money Pool. Applicants further request
that Holdings be authorized to participate in the Money Pool as a
lender only.
ELL Financing Transactions
    Since ELL will be the successor to the Company's electric utility
business, it will require authorization to issue debt and equity
securities to provide financing to satisfy its working capital needs
and for other general corporate purposes. Applicants state that the
financing authorizations requested for ELL herein are substantially
similar to the authorizations granted to the Company under the Finance
Order. Upon the effective date of the Merger, Applicants request that
the Finance Order be terminated and the financing authorizations
requested for ELL herein will replace and supercede the authorizations
granted under the Finance Order. In addition, as the successor to the
Company, ELL proposes to succeed to the Company's existing
authorization to issue short-term debt under the Money Pool Order.
Specifically, under the Money Pool Order, ELL proposes to be
authorized, through Authorization Period, to issue short-term debt,
consisting of borrowings under the Money Pool or

one or more credit agreements, the issuance of commercial paper, or
other forms of short-term financing, up to an aggregate amount of $225
million. ELL proposes to be authorized to participate as a lender in
the Money Pool to the extent of its available funds. Applicants also
request authorization for ELL, from time to time through the
Authorization Period, to enter into the following financing
transactions:
    (i) To issue and sell units of preferred membership interests
(``Preferred Units'') and, directly or indirectly, through one or more
financing subsidiaries (as described below), other forms of preferred
or equity-linked securities (``Equity Interests''), up to a combined
aggregate amount of $200 million;
    (ii) To issue and sell from time to time first mortgage bonds
(``First Mortgage Bonds'') and unsecured long-term indebtedness
(``Long-term Debt''), in all cases having maturities of up to 50 years
in a combined aggregate amount of up to $700 million;
    (iii) In connection with the issuance of Equity Interests, to issue
Notes (as defined below) to the extent of the related issuance of
Equity Interests and Equity Contribution (as defined below);
    (iv) To enter into arrangements for the issuance and sale from time
to time of tax exempt bonds (``Tax-exempt Bonds''), in an aggregate
principal amount of up to $420 million, for the financing or
refinancing of certain pollution control facilities and/or solid waste
disposal facilities and, in connection with the issuance and sale of
these Tax-exempt Bonds, to issue and pledge collateral bonds (first
mortgage bonds issued as collateral security for the tax-exempt bonds)
(``Collateral Bonds'') in an aggregate principal amount of up to $470
million (this $470 million is not included in the $700 million
referenced in (ii) above) and
    (v) To acquire the equity securities of one or more Financing
Subsidiaries (as defined below) and/or Special Purposes Subsidiaries
(as defined below) and/or Partner Subs (as defined below), organized
solely to facilitate financing, as discussed below; to guarantee the
securities issued by the Financing Subsidiaries and/or Special Purpose
Subsidiaries and to have the Financing Subsidiaries and/or Special
Purposes Subsidiaries pay ELL, either directly or indirectly, dividends
out of capital.
    Entergy contemplates that the Preferred Units, Equity Interests,
First Mortgage Bonds, Long-term Debt, and Tax-exempt Bonds (including
Collateral Bonds, if any) would be issued and sold directly to one or
more purchasers in negotiated transactions, or to one or more
investment banking or underwriting firms or other entities who would
resell these securities without registration under the Securities Act
of 1933 (``Securities Act'') in reliance upon one or more applicable
exemptions from registration thereunder, or to the public in
transactions registered under the Securities Act either through
underwriters selected by negotiation or competitive bidding or through
selling agents, acting either as agent or as principal, for resale to
the public either directly or through dealers.
Preferred Membership Interests and Equity Interests
    Applicants propose that ELL issue and sell Preferred Units, as
authorized by its proposed regulations.\7\ It is anticipated that
holders of the Preferred Units will be eligible to vote, together with
the holders of the ELL Common Units, for the election of Directors and
on other matters requiring approval of the members of ELL. As the sole
holder of the ELL Common Units, Holdings will have no less than 75% of
the combined voting power of the ELL Common Units and, if applicable,
the Preferred Units, and so will have sufficient voting power to elect
all Directors of ELL.\8\ In addition, as is customary with preferred
stock, the holders of the Preferred Units will be entitled to vote as a
class on matters that may adversely affect their interests, such as
changes in the terms of their Preferred Units, certain mergers and
similar matters. In addition to Preferred Units, it is proposed that
ELL have the flexibility to issue Equity Interests, directly or
indirectly through one or more special purpose finance subsidiaries
(including, specifically trust preferred securities), as described
below.
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    \7\ The Company, on behalf of ELL, may agree that ELL will sell
Preferred Units and other securities prior to its formation, but the
consummation of any sale shall be conditioned on the effectiveness
of the Merger and of the Commission's authorization requested in
this Application.
    \8\ The grant to the holders of the Preferred Units of the right
to vote for Directors may require ELL to deconsolidate from Entergy
for federal tax purposes. If ELL deconsolidates, then it will not be
a party to the Entergy Corporation and Subsidiary Companies
Intercompany Income Tax Consolidation Agreement, dated April 28,
1988, as amended, and Holdings will retain the benefits and
obligations of the Agreement.
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    Applicants propose that Preferred Units or Equity Interests may be
issued in one or more series with rights, preferences and priorities,
including those relating to redemption, as may be designed in the
instrument creating the series, as determined by ELL's directors or an
officer authorized thereby. Preferred Units or Equity Interests may be
redeemable or may be perpetual in duration. Distributions on Preferred
Units or Equity Interests, each of which may be issued at fixed or
floating dividend or distribution rates, will be made periodically and
to the extent that funds are legally available for this purpose, but
may be made subject to terms which allow the user to defer dividend or
distribution payments for specified periods.
First Mortgage Bonds
    As previously discussed, under the Plan of Merger, substantially
all of the Company's property, rights and obligations prior to the
Merger will be allocated to and vested in ELL. This will include the
Company's rights and obligations under the Company's Mortgage and Deed
of Trust, dated as of April 1, 1944, to The Bank of New York (successor
to Bank of Montreal Trust Company and the Chase National Bank of the
City of New York) and Stephen J. Giurlando (successor to Mark F.
McLaughlin, Z. George Klodnicki and Carl E. Buckley), as Trustees, as
amended and supplemented by sixty supplemental indentures
(``Supplemental Indentures''), each relating to one or more new series
of First Mortgage Bonds (``Mortgage''). ELL may issue First Mortgage
Bonds on the basis of unfunded net property additions and/or previously
retired bonds as permitted or authorized by the Mortgage, as further
supplemented by additional Supplemental Indenture(s).
    First Mortgage Bonds: (i) May be subject to optional and/or
mandatory redemption, in whole or in part, at par or at premiums above
the principal amount thereof; (ii) may be entitled to mandatory or
optional sinking fund provisions; (iii) may be issued at fixed or
floating rates of interest; (iv) may provide for reset of the coupon
pursuant to a remarketing arrangement; (v) may be called from existing
investors by a third party; (vi) may be backed by a bond insurance
policy and (vii) will have a maturity ranging from one year to 50
years. The maturity dates, interest rates, redemption and sinking fund
provisions and conversion features, if any, with respect to First
Mortgage Bonds of a particular series, as well as any associated
placement, underwriting or selling agent fees, commissions and
discounts, if any, will be established by negotiation or competitive
bidding (subject, however, in the case of interest rates, to the limits
set forth below). In each Supplemental Indenture relating to a series
of First Mortgage Bonds, ELL may covenant that, so long as any First
Mortgage Bonds of the series remain outstanding, ELL will not pay any
cash

distributions on ELL Common Units, except from credits to retained
earnings, plus a specified amount, plus any additional amounts approved
by the Commission. However, ELL may determine not to include any
provisions restricting its ability to pay distributions on ELL Common
Units.
Long-Term Debt
    ELL, directly or through a Financing Subsidiary, may also issue and
sell from time to time long-term indebtedness. Long-term Debt of a
particular series: (i) Will be unsecured; (ii) may be convertible into
any other securities of ELL (except ELL Common Units); (iii) will have
a maturity ranging from one year to 50 years; (iv) may be subject to
optional and/or mandatory redemption, in whole or in part, at par or at
premiums above the principal amount thereof; (v) may be entitled to
mandatory or optional sinking fund provisions; (vi) may provide for
reset of the coupon pursuant to a remarketing arrangement; (vii) may be
issued at fixed or floating rates of interest and (viii) may be called
from existing investors by a third party.
    The maturity dates, interest rates, redemption and sinking fund
provisions and conversion features, if any, with respect to Long-term
Debt of a particular series, as well as any associated placement,
underwriting or selling agent fees, commissions and discounts, if any,
will be established by negotiation or competitive bidding (subject,
however, in the case of interest rates, to the limits set forth below).
Tax-Exempt Bonds
    Applicants request authorization for ELL to enter into arrangements
for the issuance by one or more governmental authorities (each, an
``Issuer'') on behalf of ELL of up to $420 million in aggregate
principal amount of Tax-exempt Bonds (and, in connection therewith,
authorization is also requested for ELL to issue up to $470 million in
aggregate principal amount of ELL Collateral Bonds, which $470 million
is not included in the $700 million authorization requested herein for
First Mortgage Bonds and Long-term Debt), and it is further proposed
that ELL may enter into one or more leases, subleases, installment sale
agreements or other agreements and/or supplements and/or amendments
thereto (collectively, the ``Facilities Agreement''), or to enter into
one or more refunding agreements and possible supplements and/or
amendments thereto (collectively, the ``Refunding Agreement'') with the
respective Issuer(s) that will contemplate the issuance and sale by the
Issuer(s) of one or more series of Tax-exempt Bonds in an aggregate
principal amount of up to $420 million under one or more trust
indentures and/or supplements thereto (individually and collectively,
the ``Indenture'') between the Issuer(s) and one or more trustees.
Under the terms of each Facilities Agreement and/or each Refunding
Agreement, ELL will be obligated to make payments sufficient to provide
for payment by the Issuer(s) of the principal or redemption price of,
premium (if any) and interest on, and other amounts owing with respect
to the Tax-exempt Bonds, together with related expenses.
    The proceeds of the sale of Tax-exempt Bonds will be applied to
financing, or refinancing tax-exempt bonds issued for the purpose of
financing, certain ELL pollution control facilities and/or sewage or
solid waste disposal facilities. Under the terms of each Facilities
Agreement, ELL will agree to purchase, acquire, construct and install
the facilities unless the facilities are already in operation. In
addition, under the terms of the Facilities Agreement, the respective
Issuer(s) may acquire by purchase from ELL the subject pollution
control and/or sewage or solid waste disposal facilities that ELL will
then repurchase from the Issuer(s).
    The Tax-exempt Bonds of a particular series: (i) Will have a
maturity ranging from one year to 40 years; (ii) may be subject to
optional and/or mandatory redemption, in whole or in part, at par or at
premiums above the principal amount thereof; (iii) may be entitled to
mandatory or optional sinking fund provisions; (iv) may provide for
reset of the coupon pursuant to a remarketing arrangement; (v) may be
issued at fixed or floating rates of interest; (vi) may be called from
existing investors by a third party; (vii) may be backed by a municipal
bond insurance policy; (viii) may be supported by credit support such
as a bank letter of credit and reimbursement agreement; (ix) may be
supported by a lien subordinate to the Mortgage on the facilities
related to the Tax-exempt Bonds and (x) may be supported by the
issuance and pledge of Collateral Bonds.
    The maturity dates, interest rates, redemption and sinking fund
provisions and conversion features, if any, with respect to Tax-exempt
Bonds of a particular series, as well as any associated placement,
underwriting or selling agent fees, commissions and discounts, if any,
will be established by negotiation or competitive bidding (subject,
however, in the case of interest rates, to the limits set forth below).
Dividend/Distribution and Interest Rate Parameters
    Dividends/distributions and interest rates on the equity or debt
securities proposed to be issued by ELL will be subject to certain
limits. The dividend or distribution rate on any series of Preferred
Units and Equity Interests or the interest rate on First Mortgage
Bonds, Long-term Debt, Tax-exempt Bonds (including Collateral Bonds, if
any) will not exceed, at the time of issuance, a rate that is
consistent with similar securities of comparable credit quality and
maturities issued by other companies, but in no event will: (i) The
dividend/distribution rate (in the case of any equity securities issued
at a fixed rate) exceed 500 basis points over the yield to maturity of
a U.S. Treasury Security having a remaining term comparable to the term
of the series; (ii) the interest rate (in the case of any debt
securities issued at a fixed rate) exceed 500 basis points (or 400
basis points with respect to Tax-exempt Bonds and any related
Collateral Bonds) over U.S. Treasury Securities having a remaining term
comparable to the term of the securities or (iii) the dividend/
distribution or interest rate exceed 500 basis points over the London
Interbank Offering Rate (``LIBOR'') (or 400 basis points over LIBOR
with respect to Tax-exempt Bonds or any related Collateral Bonds) for
the relevant dividend/distribution or interest rate period in the case
of any equity or debt securities issued at a floating rate.
    In connection with the issuance of Equity Interests, Applicants
request authorization for ELL to acquire, directly or indirectly, the
equity securities of one or more Financing Subsidiaries and/or Special
Purpose Subsidiaries and/or Partner Subs. These entities would be
organized specifically for the purpose of facilitating the issuance of
the Equity Interests, which would be reported by ELL on its financial
statements or the footnotes relating thereto. Entergy represents that
sufficient internal controls will be put in place of ELL to enable it
to monitor the creation and use of any of these entities. Applicants
further represent that no Financing Subsidiary or Special Purpose
Subsidiary shall acquire or dispose of, directly or indirectly, any
interest in any ``utility asset,'' as that term is defined under the
Act.
    Applicants propose that ELL acquire all of the outstanding shares
of common stock or other equity interests of one or more Financing
Subsidiaries (``Financing Subsidiaries''). In connection with the
issuance of Equity Interests, ELL may enter into one or

more guarantee or other credit support agreements in favor of a
Financing Subsidiary. Any Financing Subsidiary or Special Purpose
Subsidiary organized by ELL under the authority granted by the
Commission in this proceeding will be organized only if, in
management's opinion, the creation and utilization of the Financing
Subsidiary or Special Purpose Subsidiary, will likely result in tax
savings, increased financial flexibility, increased access to capital
markets and/or lower cost of capital for ELL.
    Additionally, in connection with the issuance of certain types of
Equity Interests, ELL and/or a Financing Subsidiary may organize one or
more separate special purpose subsidiaries (``Special Purpose
Subsidiaries'') as any one or any combination of: (i) A limited
liability company under the Limited Liability Company Act (``LLC Act'')
of the State of Delaware or other jurisdiction considered advantageous
by ELL; (ii) a limited partnership under the Revised Uniform Limited
Partnership Act of the State of Delaware or other jurisdiction
considered advantageous by ELL; (iii) a business trust under the
Business Trust Act of the State of Delaware or other jurisdiction
considered advantageous by ELL or (iv) any other domestic entity or
structure that is considered advantageous by ELL. In the event that any
Special Purpose Subsidiary is organized as a limited liability company,
ELL or a Financing Subsidiary may also organize a second special
purpose wholly owned subsidiary under the General Corporation Law of
the State of Delaware or other jurisdiction (``Partner Sub'') for the
purpose of acquiring and holding Special Purpose Subsidiary membership
interests in order to comply with any requirement under the applicable
law that a limited liability company have at least two members. In the
event that any Special Purpose Subsidiary is organized as a limited
partnership, ELL or a Financing Subsidiary also may organize a Partner
Sub for the purpose of acting as the general partner of the Special
Purpose Subsidiary and may acquire, either directly or indirectly
through the Partner Sub, a limited partnership interest in the Special
Purpose Subsidiary to ensure that the Special Purpose Subsidiary will
have a limited partner to the extent required by applicable law.
    ELL, a Financing Subsidiary and/or a Partner Sub will acquire all
of the common stock or all of the general partnership or other common
equity interests, as the case may be, of any Special Purpose Subsidiary
for an amount not less than the minimum required by any applicable law
(i.e., the aggregate of the equity accounts of the Special Purpose
Subsidiary) (the aggregate of the investment by ELL, a Financing
Subsidiary and/or a Partner Sub being referred to herein as the
``Equity Contribution''). ELL and/or a Financing Subsidiary may issue
and sell to any Special Purpose Subsidiary, at any time or from time to
time in one or more series, unsecured subordinated debentures,
unsecured promissory notes or other unsecured debt instruments
(``Notes'') governed by an indenture or other document, and the Special
Purpose Subsidiary will apply both the Equity Contribution made to it
and the proceeds from the sale of Equity Interests by it from time to
time to purchase Notes. Alternatively, ELL and/or a Financing
Subsidiary may enter into a loan agreement or agreements with any
Special Purpose Subsidiary under which the Special Purpose Subsidiary
will loan to ELL and/or a Financing Subsidiary both the Equity
Contribution to the Special Purpose Subsidiary and the proceeds from
the sale of Equity Interests by the Special Purpose Subsidiary, from
time to time, and ELL and/or the Financing Subsidiary will issue to the
Special Purpose Subsidiary Notes evidencing the borrowings. The
Financing Subsidiary or the Special Purpose Subsidiary will then
transfer (directly or indirectly) the proceeds to ELL resulting in its
payment of dividends out of capital to ELL. The terms (e.g., interest
rate, maturity, amortization, prepayment terms, default provisions,
etc.) of any Notes would generally be designed to parallel the terms of
the Equity Interests to which the Notes relate (the maximum principal
amount of such Notes will not exceed the aggregate of the related
Equity Contribution and Equity Interests).
    ELL or any Financing Subsidiary also proposes to guarantee solely
in connection with the issuance of Equity Interests by a Special
Purpose Subsidiary: (i) Payment of dividends or distributions on such
securities by the Special Purpose Subsidiary if and to the extent such
Special Purpose Subsidiary has funds legally available therefore; (ii)
payments to the holders of such securities due upon liquidation of such
Special Purpose Subsidiary or redemption of the Equity Interests of
such Special Purpose Subsidiary and (iii) certain additional amounts
that may be payable in respect of such Equity Interests. Alternatively,
ELL may provide credit support for any guarantee that is provided by a
Financing Subsidiary.
    In the event of any voluntary or involuntary liquidation,
dissolution or winding up of any Special Purpose Subsidiary, the
holders of Equity Interests issued by a Special Purpose Subsidiary will
be entitled to receive, out of the assets of the Special Purpose
Subsidiary available for distribution to its shareholders, partners or
other owners (as the case may be), an amount equal to the par or stated
value or liquidation preference to the Equity Interests plus any
accrued and unpaid dividends or distributions.
    The constituent instruments of each Special Purpose Subsidiary will
provide, among other things, that the Special Purpose Subsidiary's
activities will be limited to the issuance and sale of Equity Interests
from time to time and the lending to a Financing Subsidiary or Partner
Sub of the proceeds thereof and the Equity Contribution to the Special
Purpose Subsidiary, and certain other related activities.
    The amount of any Equity Interests issued by any Finance Subsidiary
shall be counted against the $200 limitation on the amount of Preferred
Units and Equity Interests that ELL may issue directly, as set forth in
this Application or in any other application-declaration that may be
filed in the future, to the extent that ELL guarantees the securities.

Use of Proceeds

    The proceeds to be received by Holdings, ELP and ELL from the
financings authorized by the Commission, under this Application-
Declaration, will be used for general corporate purposes, including (i)
the financing of working capital requirements, (ii) financing, in part,
investments by Holdings in ELP and ELL and (iii) the repayment,
redemption, refunding or purchase by ELL of its securities.

Additional Representations

    Entergy and the Company make the following additional
representations:
    (i) At all times during the Authorization Period, Entergy, Holdings
and ELL will each maintain common equity of at least 30% of its
consolidated capitalization (based upon the financial statements filed
with the most recent Quarterly Report on Form 10-Q or Annual Report on
Form 10-K or, with respect to Holdings and ELL, prior to the
availability of these financial statements, based on the pro forma
balance sheets, attached hereto as Exhibit FS 9). The term
``consolidated capitalization'' is defined to include,

where applicable, all common equity (comprised of common stock or
Common Units, additional paid-in capital, retained earnings, treasury
stock and/or minority interests), Preferred Stock or Preferred Units,
preferred securities, equity linked securities, Long-term debt, short-
term debt and current maturities.\9\
---------------------------------------------------------------------------

    \9\ Applicants state that the consequence of Entergy, Holdings
or ELL failing to satisfy the 30% common equity to consolidated
capitalization condition is that the applicable company would not be
authorized to issue securities in a transaction subject to
Commission approval, except for securities which would result in an
increase in the common equity percentage.
---------------------------------------------------------------------------

    (ii) With respect to the securities issuance authority proposed in
this Application on behalf of ELL: (a) Within four business days after
the occurrence of a Ratings Event,\10\ Applicants will notify the
Commission of its occurrence (by means of a letter, via fax, e-mail or
overnight mail to the Office of Public Utility Regulation) and (b)
within 30 days after the occurrence of a Ratings Event, Applicants will
submit a post-effective amendment to this Application explaining the
material facts and circumstances relating to that Ratings Event
(including the basis on which, taking into account the interests of
investors, consumers and the public as well as other applicable
criteria under the Act, it remains appropriate for ELL to issue the
securities for which authorization has been requested in this
Application, so long as ELL continues to comply with the other
applicable terms and conditions specified in the Commission's order
authorizing the transactions requested in this Application).
Furthermore, no securities authorized as a result of this Application
will be issued following the 60th day after a Ratings Event by ELL if
the downgraded rating(s) has or have not been upgraded to investment
grade. Applicants request that the Commission reserve jurisdiction
through the remainder of the Authorization Period over the issuance of
any securities that ELL is prohibited from issuing as a result of the
occurrence of a Ratings Event if no revised rating reflecting an
investment grade rating has been issued.
---------------------------------------------------------------------------

    \10\ A ``Ratings Event'' will occur, with respect to securities
proposed to be issued by ELL if (i) the security to be issued by
ELL, pursuant to the authority sought in this Application-
Declaration, upon original issuance, is rated below investment
grade; (ii) any outstanding security of ELL that is rated is
downgraded below investment grade or (iii) any outstanding security
of Entergy that is rated is downgraded below investment grade. For
purposes of this provision, a security will be deemed to be rated
``investment grade'' if it is rated investment grade by at least one
nationally recognized statistical rating organization, as that term
is used in paragraphs (c)(2)(vi)(E), (F) and (H) of rule 15c3-1
under the Securities Exchange Act of 1934.
---------------------------------------------------------------------------

Distributions Out of Capital

    As a result of the proposed restructuring, substantially all of the
assets of the Company will be allocated to ELL and the retained
earnings of ELP will effectively be set to zero. ELP, therefore, may
need to pay distributions to Holdings, its immediate parent company,
out of capital. Accordingly, the Applicants request authorization for
ELP to pay distributions out of capital, to the extent not otherwise
authorized under the Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E5-5175 Filed 9-26-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 12, 2008 (Volume 73, Number 92)]
[Notices]
[Page 26998-26999]
[DOCID:fr12my08-45]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0271]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Consumer Survey on the Impact of Perceptions of the
2006 Spinach Recall on Current Spinach Consumption

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on a proposed survey of how consumer
perceptions of the 2006 spinach recall affect their current spinach
consumption behaviors.

DATES:  Submit written or electronic comments on the collection of
information by July 11, 2008.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of the Chief
Information Officer (HFA-250), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Consumer Survey on the Impact of Perceptions of the 2006 Spinach Recall
on Current Spinach Consumption

    Under section 903(b)(2) of the Federal Food, Drug, and Cosmetic Act
(FFDCA) (21 U.S.C. 393(b)(2)), FDA is authorized to conduct research
relating to foods and to conduct educational and public information
programs relating to the safety of the Nation's food supply. Under this
authority, FDA is planning to conduct a consumer survey to assess how
current perceptions of the 2006 spinach recall affect attitudes toward,
and decisionmaking regarding, current spinach consumption. FDA will use
the study to evaluate how its communications about the 2006 spinach
recall affected consumers. In particular, FDA plans to evaluate the
effects of emotions and cognition associated with consumer recollection
of the 2006 spinach outbreak on current spinach consumption behavior.
    In September 2006, the United States experienced an outbreak of E.
coli 0157:H7 infections in several States. Outbreak investigation by
the Centers for Disease Control and Prevention, FDA, and Federal,
State, and local partners linked the E. coli 0157:H7 to bagged fresh
spinach that was sold nationwide (http://www.fda.gov/bbs/topics/NEWS/
2007/NEW01593.html). On September 14, 2006, FDA held a press
teleconference and issued a press release alerting consumers about the
outbreak (http://www.fda.gov/bbs/topics/NEWS/2006/NEW01450.html). In
addition to warning of the seriousness of the outbreak, the press
release advised that consumers ``not eat bagged fresh spinach at this
time.'' On September 16, 2006, FDA expanded its advice to consumers,
advising them ``to not eat fresh spinach or fresh spinach-containing
products until further notice'' (http://www.fda.gov/bbs/topics/NEWS/
2006/NEW01452.html). Finally, FDA reported in its September 22, 2006,
press statement that spinach grown outside the limited geographical
area to which the outbreak had been traced was not implicated in the
outbreak and could be consumed (http://www.fda.gov/bbs/topics/NEWS/
2006/NEW01462.html). This report stated, ``The public can be confident
that spinach grown in the non-implicated areas can be consumed. Other
produce grown in these counties is not implicated in this outbreak.
Processed spinach (e.g., frozen and canned spinach) is also not
implicated in this outbreak.''
    Market research has shown that the 2006 fresh spinach recall had a
tremendous economic impact on the spinach industry, as retail sales
values continued to lag for months after the recall was over (http://
www.ers.usda.gov/AmberWaves/June07/Features/Spinach.htm). Consumer
confidence in the product has been blamed for the slow recovery.
    The survey will be used to gauge whether and how FDA and media
communication about the recall affected consumers' enduring emotional
and cognitive perceptions about the product, and whether or not these
perceptions have an impact on their current spinach consumption.
Findings from this study will be used to help FDA more effectively
communicate with consumers.
    The data will be collected using a Web-based questionnaire. A pool
of 35,000 people will be screened (through self-report) on current and
past fresh spinach consumption. A random sample of 1,000 consumers will
be selected.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                       No. of         Annual Frequency       Total Annual        Hours per
 Questionnaire      Respondents         per Response          Responses          Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Screener                    35,000                     1             35,000            0.0055              192.5
----------------------------------------------------------------------------------------------------------------
Survey                       1,000                     1              1,000            0.167               167
----------------------------------------------------------------------------------------------------------------
Total                                                                                359.5
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA's burden estimate is based on prior experience with consumer
surveys that are similar to this proposed survey.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: May 5, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-10467 Filed 5-9-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]
[Page 30460]
[DOCID:fr01jn10-127]

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

Office of the Secretary

 [Docket Number: DOT-OST-2009-0208]

Application of Kaiserair, Inc. for Certificate Authority

AGENCY: Department of Transportation.

ACTION: Notice of Order to Show Cause (Order 2010-5-25).

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

SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not issue an order finding
KaiserAir, Inc., fit, willing, and able, and to provide interstate
charter air transportation of persons, property, and mail using one
large aircraft.

DATES: Persons wishing to file objections should do so no later than
June 7, 2010.

ADDRESSES: Objections and answers to objections should be filed in
Docket DOT-OST-2009-0208 and addressed to U.S. Department of
Transportation, Docket Operations, (M-30, Room W12-140), 1200 New
Jersey Avenue, SE., West Building Ground Floor, Washington, DC 20590,
and should be served upon the parties listed in Attachment A to the
order.

FOR FURTHER INFORMATION CONTACT: Michael Price, Air Carrier Fitness
Division (X-56, Room W86-462), U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>.

    Dated: May 24, 2010.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-13022 Filed 5-28-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Notices]
[Pages 19790-19791]
[FR Doc No: 2019-09193]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-0849]

Attention Deficit Hyperactivity Disorder: Developing Stimulant
Drugs for Treatment; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Attention
Deficit Hyperactivity Disorder: Developing Stimulant Drugs for
Treatment.'' The purpose of this draft guidance is to assist sponsors
in the clinical development of stimulant drugs for treatment of
attention deficit hyperactivity disorder (ADHD) in pediatric and adult
patients. Specifically, this draft guidance addresses the Agency's
current recommendations regarding the development programs for
methylphenidate and amphetamine products, as well as for novel (i.e.,
new molecular entity (NME)) stimulant drugs.

DATES: Submit either electronic or written comments on the draft
guidance by July 5, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
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 comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     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.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-0849 for ``Attention Deficit Hyperactivity Disorder:
Developing Stimulant Drugs for Treatment.'' Received comments 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.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments 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 comments. 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 comments 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.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, 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.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Tiffany Farchione, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 4110, Silver Spring, MD 20993, 301-796-
2260.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Attention Deficit Hyperactivity Disorder: Developing
Stimulant Drugs for Treatment.'' The purpose of this draft guidance is
to assist sponsors in the clinical development of stimulant drugs for
treatment of ADHD in pediatric and adult patients. Specifically, this
draft guidance addresses the Agency's current recommendations regarding
the development programs for methylphenidate and amphetamine products,
as well as for novel (i.e., NME) stimulant drugs.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Attention
Deficit Hyperactivity Disorder: Developing Stimulant Drugs for
Treatment.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes

and regulations. This guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information under 21 CFR part 312 (Investigational New
Drug Application) have been approved under OMB control number 0910-
0014. The collections of information in 21 CFR parts 50 and 56
(Protection of Human Subjects: Informed Consent; Institutional Review
Boards) have been approved under OMB control number 0910-0755. The
collection of information in 21 CFR part 314, including the submission
of labeling under 21 CFR 314.50(e)(2)(ii) and (l)(1)(i), has been
approved under OMB control number 0910-0001. The submission of
prescription drug labeling under 21 CFR 201.56 and 201.57 has been
approved under OMB control number 0910-0572.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: May 1, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-09193 Filed 5-3-19; 8:45 am]
 BILLING CODE 4164-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on November 8, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-19182

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  KUWAIT AIRWAYS CORPORATION
  Date Filed:  September 26, 2005

Relief requested:  Renewal of exemption from 49 USC § 41301 to permit
the applicant to conduct scheduled foreign air transportation of
passengers, property, and mail between Kuwait and Chicago, Illinois, via
the intermediate point Geneva, Switzerland, at a frequency of two
round-trip flights per week, with local traffic rights between Chicago
and Geneva.

If renewal, date and citation of last action:  October 18, 2004, in this
Docket.

Applicant representative:  Douglas N. Jacobson,<PHONE_NUMBER>      DOT
analyst:  Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                        Action date:
November 8, 2005

Effective dates of authority granted:  November 8, 2005, through
November 8, 2006.

Basis for approval:  Reciprocity with Kuwait.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached), and to the otherwise-applicable terms, conditions, and
limitations of Kuwait Airways Corporation’s foreign air carrier
permit. (Order 2002-9-27)

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Page 73751]
[FR Doc No: 2015-29964]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP16-199-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: City of Sullivan to be
effective 12/1/2015.
    Filed Date: 11/17/15.
    Accession Number: 20151117-5119.
    Comments Due: 5 p.m. ET 11/30/15.

    Docket Numbers: RP16-200-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Village of Bethany to be
effective 12/1/2015.
    Filed Date: 11/17/15.
    Accession Number: 20151117-5131.
    Comments Due: 5 p.m. ET 11/30/15.

    Docket Numbers: RP16-201-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: City of Pickneyville to be
effective 12/1/2015.
    Filed Date: 11/17/15.
    Accession Number: 20151117-5140.
    Comments Due: 5 p.m. ET 11/30/15.

    Docket Numbers: RP16-202-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement--
Bayonne Delivery Lateral--NEC to be effective 4/1/2014.
    Filed Date: 11/17/15.
    Accession Number: 20151117-5144.
    Comments Due: 5 p.m. ET 11/30/15.

    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 Sec.  385.211 and Sec.  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.

Filings in Existing Proceedings

    Docket Numbers: RP15-23-009.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Compliance filing RP15-23 Settlement Compliance Filing
to be effective 12/1/2015.
    Filed Date: 11/18/15.
    Accession Number: 20151118-5029.
    Comments Due: 5 p.m. ET 11/30/15.

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

    Dated: November 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29964 Filed 11-24-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79539-79541]
[FR Doc No: 2011-32647]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FDMS Docket No. EPA-R03-OAR-2011-0511; FRL-9609-1]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revised Motor Vehicle Emission Budgets for the
Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone
Maintenance Areas; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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

SUMMARY: This document corrects an error in the rule language of a
direct final rule pertaining to EPA's approval of the revised motor
vehicle emissions budgets for the Charleston, Huntington, Parkersburg,
Weirton, and Wheeling 8-hour ozone maintenance areas. The previous
rulemaking amended the maintenance plans' 2009 and 2018 motor vehicle
emissions budgets (MVEBs) submitted by the State of West Virginia.

DATES: Effective date: December 22, 2011.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean EPA. On September 15, 2011 (76 FR
56795), we published a final rulemaking action announcing our approval
of revised mobile emissions budgets for the Charleston, Huntington,
Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance areas. In
this document, in 40 CFR 52.2532, we inadvertently approved incorrect
emissions budgets for the Charleston and Wheeling maintenance areas.
The intent of the rule is to correct those emissions budgets. This
action corrects the erroneous language.
    In rule document 2011-23261, published in the Federal Register on
September 15, 2011 in 76 FR 56795 on page 56981, paragraphs 52.2532(a)
and 52.2532(e) are corrected to read as follows:
    (a) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Charleston, West Virginia 8-hour
ozone maintenance area submitted by the Secretary of the Department of
Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Charleston Area (Kanawha and Putnam Counties)...................            2009            16.7            38.9
Charleston Area (Kanawha and Putnam Counties)...................            2018            13.5            17.1
----------------------------------------------------------------------------------------------------------------

    (e) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Wheeling, West Virginia 8-hour ozone
maintenance area submitted by the Secretary of the Department of
Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Wheeling Area (Marshall and Ohio Counties)......................            2009            10.4             9.1
Wheeling Area (Marshall and Ohio Counties)......................            2018             7.7             3.1
----------------------------------------------------------------------------------------------------------------

    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a significant regulatory action and is therefore not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a good cause finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the SUPPLEMENTARY
INFORMATION section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq), or to sections 202 and 205 of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects 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
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings issued under the executive order. This rule does not impose an
information collection burden under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq).
    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of [insert
effective date]. EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This correction to
40 CFR 52.2532 for West Virginia is not a ``major rule'' as defined by
5 U.S.C. 804(2).

    Dated: December 02, 2011.
W.C. Early,
Acting Regional Administrator, EPA Region III.
    40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2532 is amended by revising paragraphs (a) and (e) to
read as follows:

Sec.  52.2532  Motor vehicle emissions budgets.

    (a) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Charleston, West Virginia 8-hour
ozone maintenance area submitted by the Secretary of the Department of

Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Charleston Area (Kanawha and Putnam Counties)...................            2009            16.7            38.9
Charleston Area (Kanawha and Putnam Counties)...................            2018            13.5            17.1
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) EPA approves the following revised 2009 and 2018 motor vehicle
emissions budgets (MVEBs) for the Wheeling, West Virginia 8-hour ozone
maintenance area submitted by the Secretary of the Department of
Environmental Protection on March 14, 2011:

----------------------------------------------------------------------------------------------------------------
                                                                                Tons per day    Tons per day
                   Applicable geographic area                          Year          (TPD) VOC       (TPD) NOX
----------------------------------------------------------------------------------------------------------------
Wheeling Area (Marshall and Ohio Counties)......................            2009            10.4             9.1
Wheeling Area (Marshall and Ohio Counties)......................            2018             7.7             3.1
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-32647 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Rules and Regulations]
[Pages 7993-7994]
[FR Doc No: 2013-02324]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0621; Airspace Docket No. 11-ASO-28]

Amendment of Class D and E Airspace; Tri-Cities, TN; Revocation
of Class E Airspace; Tri-City, TN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D and Class E airspace and removes
Class E airspace in the Tri-Cities, TN, area, to accommodate the new
Area Navigation (RNAV) Global Positioning System (GPS) Standard
Instrument Approach Procedures at Tri-Cities Regional Airport. This
action enhances the safety and airspace management of Instrument Flight
Rules (IFR) operations within the National Airspace System. This action
also updates the geographic coordinates, airport name, and airspace
designation. Also, this action corrects errors in the Class E
descriptor.

DATES: Effective 0901 UTC, May 2, 2013. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On September 28, 2012, the FAA published in the Federal Register a
supplemental notice of proposed rulemaking (SNPRM) to amend Class D and
Class E airspace in the Tri-Cities, TN, area (77 FR 59573). The SNPRM
would list Hawkins County Airport and Virginia Highlands Airport under
their own designator, and would correct the Tri-Cities Regional Airport
city designator from Blountville, TN, to Tri-Cities, TN, as originally
proposed in the NPRM of April 28, 2012 (77 FR 21505). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Subsequent to publication of the SNPRM, the FAA found
errors in the descriptors of the Class E surface airspace and Class E
airspace extending upward from 700 feet above the surface. This action
makes the corrections. Class D and E airspace designations are
published in paragraph 5000, 6002, 6004, and 6005, respectively, of FAA
Order 7400.9W dated August 8, 2012, and effective September 15, 2012,
which is incorporated by reference in 14 CFR 71.1. The Class D and E
airspace designations listed in this document will be published
subsequently in the Order. With the exception of editorial changes, and
the changes described above, this rule is the same as that proposed in
the SNPRM.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class D and Class E surface airspace, removes Class E
airspace designated as an extension to Class D, and amends Class E
airspace extending upward from 700 feet above the surface at Tri-
Cities, TN, to provide the controlled airspace required to accommodate
the new RNAV (GPS) Standard Instrument Approach Procedures developed
for Tri-Cities Regional Airport. Also, the coordinates of the airport
are corrected to be in concert with the FAAs aeronautical database. The
city designator for Tri-Cities Regional Airport is changed from
Blountville, TN, to Tri-Cities, TN; the current Class E airspace
extending upward from 700 feet above the surface for Hawkins County
Airport, Rogersville, TN, and Virginia Highlands Airport, VA, is now
listed under their own city designator. This action furthers the safety
and management of controlled airspace within the National Airspace
System.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace in the Tri-Cities, TN.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO TN D Tri-Cities, TN [Amended]

Tri-Cities Regional Airport, TN/VA
    (Lat. 36[deg]28'31'' N., long. 82[deg]24'27'' W.)
Edwards Heliport, TN
    (Lat. 36[deg]25'57'' N., long. 82[deg]17'37'' W.)

    That airspace extending upward from the surface to and including
4,000 feet MSL within a 6.8-mile radius of Tri-Cities Regional
Airport, excluding the 2.5-mile radius of Edwards Heliport. This
Class D airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ASO TN E2 Tri-Cities, TN [Amended]

Tri-Cities Regional Airport, TN/VA
    (Lat. 36[deg]28'31'' N., long. 82[deg]24'27'' W.)

    That airspace extending upward from the surface within a 6.8-
mile radius of Tri-Cities Regional Airport. This Class E airspace
area is effective during the specific days and times established in
advance by a Notice to Airmen. The effective days and times will
thereafter be continuously published in the Airport/Facility
Directory.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO TN E4 Tri-City, TN [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

ASO TN E5 Tri-Cities, TN [Amended]

Tri-Cities Regional Airport, TN/VA
    (Lat. 36[deg]28'31'' N., long. 82[deg]24'27'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9.3-mile radius of Tri-Cities Regional Airport and within
4-miles west and 8-miles east of the 223[deg] bearing from the
airport extending from the 9.3-mile radius to 23 miles southwest of
the airport, and within 2-miles either side of the 43[deg] bearing
from the airport extending from the 9.3-mile radius to 14.5 miles
northeast of the airport.
* * * * *

ASO TN E5 Rogersville, TN [New]

Hawkins County Airport, TN
    (Lat. 36[deg]27'27'' N., long. 82[deg]53'06'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Hawkins County Airport, and within 7 miles
each side of Runway 07/25 centerline, extending from the 7-mile
radius to 12 miles east of Hawkins County Airport.
* * * * *

ASO VA E5 Abingdon, VA [New]

Virginia Highlands Airport, VA
    (Lat. 36[deg]41'14'' N., long. 82[deg]02'00'' W.)

    That airspace extending upward from 700 feet above the surface
within a 17-mile radius of Virginia Highlands Airport.

    Issued in College Park, Georgia, on January 23, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-02324 Filed 2-4-13; 8:45 am]
BILLING CODE 4910-13-P