[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46734-46737]
[FR Doc No: 2016-16858]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78299; File No. SR-MIAX-2016-20]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

July 12, 2016.
    Pursuant to the provisions of section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 30, 2016, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to assess certain
existing transaction fees, provide certain existing credits, and to
afford certain existing discounts, concerning executions stemming from
unrelated MIAX Market Maker quotes and unrelated MIAX Market Maker
orders that participate in the MIAX PRIME Auction, as described more
fully below.
    The Exchange proposes to amend section (1)(a)(i) of the Fee
Schedule concerning Market Maker \3\ Transaction Fees to exclude volume
related to certain transaction fees and rebates for Members that
participate in the price improvement auction (``PRIME Auction'' or
``PRIME'') pursuant to Exchange Rule 515A,\4\ and to state

specifically in section (1)(i)(v) of the Fee Schedule that MIAX will
assess the Responder to PRIME Auction Fee to: (i) A PRIME AOC Response
that executes against a PRIME Order, and (ii) a PRIME Participating
Quote or Order (defined below). The Exchange also proposes to amend
section (1)(a)(v) to afford the same discounted fee to Prime
Participating Quotes or Orders (defined below) that already applies to
PRIME AOC Responses, as described more fully below. Under the proposal,
MIAX will apply the PRIME Break-up credit (defined below) to the
Electronic Exchange Member (``EEM'') \5\ that submitted the initiating
PRIME Order for agency contracts that are submitted to the PRIME
Auction that trade with a PRIME AOC Response or with a PRIME
Participating Quote or Order (defined below). The Exchange also
proposes to amend section (1)(b) of the Fee Schedule to state that MIAX
will not assess a Marketing Fee to Market Makers for contracts executed
as a PRIME Participating Quote or Order (defined below).
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    \3\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. The term ``Lead Market Maker'' means a Member
registered with the Exchange for the purpose of making markets in
securities traded on the Exchange and that is vested with the rights
and responsibilities specified in chapter VI of the Exchange's Rules
with respect to Lead Market Makers. When a Lead Market Maker is
appointed to act in the capacity of a Primary Lead Market Maker, the
additional rights and responsibilities of a Primary Lead Market
Maker specified in chapter VI of the Exchange's Rules will apply.
The term ``Primary Lead Market Maker'' means a Lead Market Maker
appointed by the Exchange to act as the Primary Lead Market Maker
for the purpose of making markets in securities traded on the
Exchange. The Primary Lead Market Maker is vested with the rights
and responsibilities specified in chapter VI of the Exchange's Rules
with respect to Primary Lead Market Makers. The term ``Registered
Market Maker'' means a Member registered with the Exchange for the
purpose of making markets in securities traded on the Exchange, who
is not a Lead Market Maker and is vested with the rights and
responsibilities specified in chapter VI of the Exchange's Rules
with respect to Registered Market Makers. See Exchange Rule 100.
    \4\ See Exchange Rule 515A. See also Securities Exchange Act
Release Nos. 71640 (March 4, 2014), 79 FR 13334 (March 10, 2014)
(SR-MIAX-2014-09) (``Notice''); 72009 (April 23, 2014), 79 FR 24032
(April 29, 2014) (SR-MIAX-2014-09).
    \5\ The term ``Electronic Exchange Member'' means the holder of
a Trading Permit who is not a Market Maker. Electronic Exchange
Members are deemed ``members'' under the Exchange Act. See Exchange
Rule 100.
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    PRIME is a process by which a Member may electronically submit for
execution an order it represents as agent (``Agency Order'') against
principal interest and/or an Agency Order against solicited interest.
The Agency Order is referred to as a ``PRIME Agency Order'' for
purposes of Section 1(b) of the Fee Schedule. The Member that submits
the PRIME Agency Order (the ``Initiating Member'') agrees to guarantee
the execution of the PRIME Agency Order by submitting a contra-side
order representing principal interest or solicited interest (``Contra-
side Order'').\6\ When the Exchange receives a properly designated
Agency Order for Auction processing, a Request for Responses (``RFR'')
detailing the option, side, size, and initiating price will be sent to
all subscribers of the Exchange's data feeds. Members may submit
responses to the RFR (specifying prices and sizes). RFR responses can
be either an Auction or Cancel (``AOC'') order or an AOC eQuote.\7\
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    \6\ The paired order submitted to PRIME that includes both the
PRIME Agency Order and the Contra-side Order is referred to as the
PRIME Order for purposes of the Fee Schedule.
    \7\ See Exchange Rules 515A(a)(2)(i)(D), 516(b)(4),
517(a)(2)(ii).
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    The Exchange proposes to amend section (1) of the Fee Schedule to
exclude from the volume determinations in the Market Maker Sliding
Scale \8\ both PRIME AOC Responses and unrelated MIAX Market Maker
quotes or unrelated MIAX Market Maker orders that are received during
the Response Time Interval and executed against the PRIME Order. Such
unrelated MIAX Market Maker quotes or unrelated MIAX Market Maker
orders will be referred to as ``PRIME Participating Quotes or Orders''
in the Fee Schedule. The Exchange believes that PRIME AOC Responses
should be excluded from the volume threshold determinations with
regards to non-PRIME transaction fees because the PRIME Fees set forth
in section (1)(a)(v) of the Fee Schedule and discussed below are
distinct from the Market Maker Transaction Fees described in Section
(1)(a)(i). The volume threshold tiers included in the Market Maker
Sliding Scale in Section (1)(a) are intended to provide incentive for
Market Makers to quote aggressively outside of the PRIME Auction and to
reward volume generated from such quotes, whereas the PRIME Fees do not
have a sliding scale and are not dependent on percentage volume tiers.
Instead, transactions by PRIME Responders already are assessed fees
based upon responses to an Auction notification and are distinguished
from regular transaction fees that result from different quoting
behavior. Thus, the Exchange believes that it is appropriate to exclude
PRIME AOC Responses from the calculation of the volume tier thresholds
in the Market Maker Sliding Scale.
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    \8\ The MIAX Market Maker Sliding Scale for transaction fees
reduces a MIAX Market Maker's per contract transaction fee based on
percentages of total national Market Maker volume of any options
classes that trade on the exchange during the calendar month. The
Market Maker Sliding Scale applies to all MIAX Market Makers for
transactions in all products except mini-options. See Fee Schedule,
section (1)(a)(i).
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    Similarly, the Exchange believes that PRIME Participating Quotes or
Orders should also be excluded from the section (1)(a)(i) volume
determinations in the Market Maker Sliding Scale because a PRIME
Participating Quote or Order has the same effect as a PRIME AOC
Response (i.e., it is received during the Response Time Interval and
executed against the PRIME Order). As described more fully below, PRIME
Participating Quotes or Orders will be assessed the same Responder to
PRIME Auction Fees and credits that are assessed and credited to PRIME
AOC Responses.
    The Exchange proposes to amend section (1)(i)(v) of the Fee
Schedule to state clearly that MIAX will assess the Responder to PRIME
Auction Fee to: (i) A PRIME AOC Response that executes against a PRIME
Order, and (ii) a PRIME Participating Quote or Order.
    Currently, the Exchange assesses PRIME AOC Responses a Responder to
PRIME Auction Fee of $0.50 per contract for standard options in Penny
Pilot classes and $0.99 per contract in non-Penny Pilot classes. The
Exchange is not proposing to amend these fees; the Exchange is simply
proposing to add clarifying language to section (1)(a)(v) to state that
MIAX will assess the Responder to PRIME Auction Fee to a PRIME AOC
Response that executes against a PRIME Order, and add that the
Responder to PRIME Auction Fee will also apply to a PRIME Participating
Quote or Order. The Exchange believes it is appropriate to assess the
same fees to PRIME Participating Quotes or Orders that are assessed to
Market Maker responders to the PRIME Auction because PRIME
Participating Quotes or Orders receive the same benefit of trading
against the PRIME Order. PRIME Participating Quotes or Orders interact
in the same manner in the PRIME Auction and receive the same Market
Maker trade allocation as MIAX Market Maker responders to the PRIME
Auction \9\ despite being submitted outside of the PRIME Auction. The
Exchange believes that it is fair and reasonable to assess the same
fees to MIAX Market Makers for all quotes or orders that benefit
equally from interaction with the PRIME Order, regardless of whether
they are submitted as PRIME Auction Responses or as PRIME Participating
Orders or Quotes. The Exchange notes that, while Market Maker
Transaction Fees described in section (1)(a)(i) may be subject to
Marketing Fees (as set forth in section (1)(b) of the Fee Schedule and
discussed below), PRIME AOC Responses and PRIME Participating Quotes or
Orders will not be subject to Marketing Fees. This treatment of the
Marketing Fees is consistent with the Exchange's current Fee Schedule
since the Responder to Prime Auction Fee of $.50 is not subject to
Marketing Fees.
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    \9\ See Exchange Rule 515A(a)(2)(iii).
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    The Exchange also proposes to include PRIME Participating Quotes or
Orders in the determination of the Prime Break-up Credit. The PRIME
Break-up Credit is currently credited on a per contract basis to the
Initiating EEM for each PRIME Order contract that trades with a PRIME
AOC Response. The Exchange currently applies a per contract PRIME
Break-up Credit of $0.25 for Penny Classes, and $0.60 for non-

Penny Classes, to MIAX Market Makers. The Exchange is not proposing to
amend these credits; the Exchange is simply proposing that in addition
to trades with PRIME AOC Responses, MIAX will apply the PRIME Break-up
Credit to the EEM that submitted the PRIME Order for agency \10\
contracts that are submitted to the PRIME Auction that trade with a
PRIME Participating Quote or Order. The Exchange believes that, just as
with respect to the PRIME Auction Responder Fees described above, the
PRIME Break-up Credit should apply to PRIME Participating Quotes or
Orders because a PRIME Participating Quote or Order serves the same
function as a PRIME AOC Response (i.e., it is received during the
Response Time Interval and executed against the PRIME Order). The
Exchange does not currently apply the PRIME Break-up Credit to the
Initiating EEM for those PRIME Order contracts that trade with
unrelated quotes and orders. Other than the proposed change with regard
to PRIME Participating Quotes or Orders discussed above, the Exchange
is not proposing any additional change to the application of PRIME
Break-up Credits. The Exchange will continue its current practice of
not applying the PRIME Break-up Credit to Initiating EEMs for those
PRIME Order contracts that trade with unrelated (i.e., non-MIAX Market
Maker) orders.
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    \10\ The Exchange is proposing to add the word ``agency'' to
this provision for clarity.
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    The Exchange is also proposing to amend section (1)(a)(v) of the
Fee Schedule to include PRIME Participating Quotes or Orders in certain
discounted fees that apply to qualifying Members and affiliates, which
will be known as the Discounted PRIME Response Fee. The Discounted
PRIME Response Fee is $0.46 per contract for standard options in Penny
Pilot classes, and $0.95 per contract for standard options in non-Penny
Pilot classes.
    The Discounted PRIME Response Fee, which already applies to PRIME
AOC Responses (currently known as the PRIME AOC Response Fee), would
apply to any Member or its affiliates of at least 75% common ownership
between the firms as reflected on each firm's Form BD, Schedule A, that
qualifies for the Priority Customer Rebate Program \11\ volume tiers 3
or 4 and submits a PRIME Participating Quote or Order that is received
during the Response Time Interval and executed against the PRIME Order.
Members and their affiliates that meet the above criteria qualify for
the Discounted PRIME Response Fee through activity that falls outside
of the PRIME Auction (i.e., submitting Priority Customer Orders for
execution on the Exchange). The Exchange believes that a Member that
submits a sufficient number Priority Customer Orders to qualify for
Priority Customer Rebate Program volume tiers 3 or 4 should receive the
benefit of the Discounted PRIME Response Fee, and the Exchange proposes
to reward such Members and their qualified affiliates equally for PRIME
AOC Responses and PRIME Participating Quotes or Orders.
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    \11\ MIAX credits each Member the per contract amount resulting
from each Priority Customer order transmitted by that Member which
is executed electronically on the Exchange in all multiply-listed
option classes (with certain exclusions) provided the Member meets
certain percentage thresholds in a month as described in the
Priority Customer Rebate Program table. See Fee Schedule Section
(1)(a)(iii).
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    The Exchange believes that assessing the Discounted PRIME Response
Fee to PRIME Participating Quotes or Orders is a fair treatment of
PRIME Participating Quotes or Orders because it puts them on equal
footing with PRIME AOC Responses, which serve the same function (i.e.,
execution against PRIME Orders) during the Response Time Interval, and
qualifying Members and affiliates submitting [sic] The Exchange will
continue its current practice of not applying the PRIME Break-up Credit
to Initiating EEMs for those PRIME Order contracts that trade with
unrelated (non-MIAX Market Maker) orders. should be entitled to the
same discount [sic]. The Exchange is also proposing to exclude PRIME
Participating Quotes or Orders from the Marketing Fees described in
section (1)(b) of the Fee Schedule. Currently, MIAX assesses a
Marketing Fee to all Market Makers for contracts, including mini
options, they execute in their assigned classes when the contra-party
to the execution is a Priority Customer. MIAX will not assess a
Marketing Fee to Market Makers for contracts executed as a PRIME Agency
Order, Contra-side Order, Qualified Contingent Cross Order, or a PRIME
AOC Response in the PRIME Auction; unless it executes against an
unrelated order. The Exchange proposes to amend section (1)(b) to
exclude PRIME Participating Quotes or Orders from the Marketing Fees as
well. The Exchange believes that this treatment of the PRIME
Participating Quote, on an equal basis with a PRIME AOC Response, is
consistent with the proposed fees and credits described above.
    Finally, the Exchange is proposing to exclude PRIME Participating
Quotes or Orders from the Posted Liquidity Marketing Fee described in
section (1)(b). MIAX currently assesses an additional $0.12 per
contract Posted Liquidity Marketing Fee to all Market Makers for any
standard options overlying EEM, GLD, IWM, QQQ, and SPY that Market
Makers execute in their assigned class when the contra-party to the
execution is a Priority Customer and the Priority Customer order was
posted on the MIAX Book at the time of the execution. MIAX does not
assess the additional Posted Liquidity Marketing Fee to Market Makers
for contracts executed as a PRIME Agency Order, Contra-side Order,
Qualified Contingent Cross Order, or a PRIME AOC Response in the PRIME
Auction. In order to ensure the same treatment afforded to PRIME AOC
Responses, the Exchange is proposing to exclude contracts executed as
PRIME Participating Quotes from the Posted Liquidity Marketing Fee.
    The proposed changes to the Fee Schedule will become operative on
July 1, 2016.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule
is consistent with section 6(b) of the Act \12\ in general, and
furthers the objectives of section 6(b)(4) of the Act \13\ and section
6(b)(5) of the Act \14\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in, securities, to remove impediments to and perfect the mechanisms of
a free and open market and a national market system and, in general, to
protect investors and the public interest, and in that it is an
equitable allocation of reasonable fees and other charges among
Exchange members.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange's proposal to exclude from the volume threshold
determination volume related to PRIME AOC Responses and PRIME
Participating Quotes or Orders is reasonable because the Exchange
already assesses a separate fee for such transactions from the same
Market Makers that receive the benefit of interaction with the PRIME
Order in the PRIME Auction. The Exchange's proposal to exclude PRIME
Auction-related volume from the non-PRIME Auction-related volume
threshold determination for Market Maker Transaction Fees is equitable
and not unfairly discriminatory because the exclusion will apply to all
Market Makers.

    The Exchange's determination not to apply the PRIME Auction-related
volume to the section (1)(a)(i) tiers reflects the Exchange's belief
that these volume tiers are related to quoting and trading activity
that falls outside of the PRIME Auction, and that discounted per
contract fees for non-PRIME Auction activity should be earned by
achieving certain volume thresholds in the Market Maker Sliding Scale
through non-PRIME Auction activity.
    The Exchange believes that a Member that submits a sufficient
number of Priority Customer Orders to qualify for the Priority Customer
Rebate Program volume tiers 3 or 4 should receive the benefit of the
Discounted PRIME Response Fee, and the Exchange proposes to reward such
Members and their qualified affiliates equally for PRIME AOC Responses
and PRIME Participating Quotes or Orders. Such a reward should provide
incentive to Members to submit a greater number of Priority Customer
Orders to the Exchange, thus removing impediments to and perfecting the
mechanisms of a free and open market and a national market system by
providing more opportunities for the execution of Priority Customer
Orders on the Exchange. Additionally, the Discounted PRIME Response Fee
is fair and reasonable because it will apply equally to PRIME AOC
Responses, as it does today, and to PRIME Participating Quotes or
Orders, both of which result in executions against the PRIME Order
regardless of whether they are submitted as an Auction Response or as
an unrelated quote or order.
    Additionally, the proposed amendments to the Fee Schedule represent
the equitable allocation of reasonable fees and other charges among
Exchange members, because the proposed fees and credits applicable to
Market Makers and EEMs relating to PRIME Participating Quotes or Orders
are identical to the fees and credits applicable to PRIME AOC
Responses, which function in the same manner as PRIME Participating
Quotes or Orders. Moreover, the proposed amendments are equitable and
reasonable because the same fees and credits apply equally to all
participants in each category (Market Makers or EEMs) respectively.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive. In such an environment, the
Exchange must continually adjust its fees to remain competitive with
other exchanges and to attract order flow. The Exchange believes that
the proposed rule change reflects this competitive environment because
it modifies the Exchange's Market Maker transaction fees in a manner
that encourages market participants to provide liquidity and to send
order flow to the Exchange both in the PRIME Auction and outside the
PRIME Auction.
    The Exchange believes that the proposal enhances competition by
providing incentives such as the Discounted PRIME Response Fee to
Members and their qualified affiliates that submit Priority Customer
Orders to the Exchange, which deepens liquidity on the Exchange and
thus provides more opportunities to execute transactions on MIAX.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A)(ii) of the Act,\15\ and Rule 19b-4(f)(2) \16\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2016-20 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-MIAX-2016-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2016-20, and should be
submitted on or before August 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16858 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78395-78396]
[FR Doc No: 2013-30841]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0026]

Mechanical Power Presses Standard; Extension of the Office of
Management and Budget's (OMB) Approval of the Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Mechanical Power Presses Standard for General Industry
(29 CFR 1910.217(e)(l)).

DATES: Comments must be submitted (postmarked, sent, or received) by
February 24, 2014.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0026, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2010-0026) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Theda Kenney at the
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires OSHA to obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The collections of information contained in the Mechanical Power

Presses Standard for General Industry are necessary to reduce workers'
risk of death or serious injury by ensuring that employers maintain the
mechanical power presses used by the workers in safe operating
condition.
    The following section describes who uses the information collected
under each requirement, as well as how they use it.

Section 1910.217(e)(1)(i)

    Paragraph (e)(1)(i) requires employers to establish and follow a
program of periodic and regular inspections of power presses to ensure
that all their parts, auxiliary equipment, and safeguards are in safe
operating condition and adjustment. Employers must maintain a
certification record of inspections that includes the date of
inspection, the signature of the person who performed the inspection,
and the serial number, or other identifiers, of the power press that
was inspected.

Section 1910.217(e)(1)(ii)

    Paragraph (e)(1)(ii) requires employers to inspect and test each
press no less than weekly to determine the condition of the clutch/
brake mechanism, antirepeat feature, and single-stroke mechanism.
Employers must perform and complete necessary maintenance or repair or
both before the press is operated. In addition, employers must maintain
a record of inspections, tests, and maintenance work. The record must
include the date of the inspection, test, or maintenance; the signature
of the person who performed the inspection, test, or maintenance; and
the serial number, or other identifiers, of the press that was
inspected, tested, or maintained.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements specified in the Mechanical Power Presses
Standard for General Industry (29 CFR 1910.217(e)(1). OSHA is
requesting an adjustment decrease in the number of burden hours from
1,373,054 hours to 651,691 hours, a total decrease of 721,363 hours.
The decrease is based on a determination that it is usual and customary
for employers to conduct maintenance and repair activities and to
document such activities. The Agency will summarize the comments
submitted in response to this notice and will include this summary in
the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Mechanical Power Presses (29 CFR 1910.217(e)(1)).
    OMB Number: 1218-0229.
    Affected Public: Business or other for-profits.
    Number of Respondents: 295,000.
    Frequency of Responses: On occasion, weekly, monthly.
    Average Time per Response: Two minutes (.03 hour) to disclose the
certification records to 20 minutes (.33 hour) to inspect the parts,
auxiliary equipment, and safeguards of each press.
    Estimated Total Burden Hours: 651,691.
    Estimated Cost ) Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0026). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the Web site, and for assistance in using the
Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, this December 20, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-30841 Filed 12-24-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61729-61730]
[DOCID:fr06oc10-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

September 23, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1089-003.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Cheniere Creole Trail Pipeline, L.P. submits tariff
filing per 154.203: 2nd Correction Compliance Filing to be effective 9/
30/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5127.

    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Docket Numbers: RP10-1235-001.
    Applicants: Empire Pipeline, Inc.
    Description: Empire Pipeline, Inc. submits tariff filing per
154.203: Correction to ACA filing to be effective 10/1/2010.
    Filed Date: 09/22/2010.
    Accession Number: 20100922-5099.
    Comment Date: 5 p.m. Eastern Time on Monday, October 4, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-25084 Filed 10-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Page 39289]
[FR Doc No: 2011-16924]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0614]

Regattas and Marine Parades; Great Lakes Annual Marine Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a local regulation for the APBA
Gold Cup, Detroit, MI annual high speed boat race in the Captain of the
Port Detroit zone from 7 a.m. on July 7, 2011 through 7 p.m. on July
10, 2011. This action is necessary and intended to ensure safety of
life on the navigable waters immediately prior to, during, and
immediately after regattas or marine parades. This rule will establish
restrictions upon, and control movement of, vessels in specified areas
immediately prior to, during, and immediately after regattas or marine
parades. During the enforcement periods, no person or vessel may enter
the regulated areas without permission of the Captain of the Port.

DATES: The regulations in 33 CFR 100.918 will be enforced on July 7,
2011 through July 10, 2011 from 7 a.m. to 7 p.m. daily.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail LT Katie Stanko, Prevention Department, Sector Detroit,
Coast Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the following
special local regulations at the following times:

Sec.  100.918 Detroit APBA Gold Cup, Detroit, MI

    This special local regulation will be enforced daily from 7 a.m. to
7 p.m. on July 7, 8, 9 and 10, 2011.
    Regulations: (1) In accordance with the general regulations in 33
CFR 100.901, entry into, transiting, or anchoring within this regulated
areas is prohibited unless authorized by the Captain of the Port
Detroit, or his designated on-scene representative.
    (2) This regulated area is closed to all vessel traffic, except as
may be permitted by the Captain of the Port Detroit or his designated
on-scene representative.
    (3) The ``designated on-scene representative'' of the Captain of
the Port is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port to act on his behalf.
The designated on-scene representative of the Captain of the Port will
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port or his designated on scene representative may be
contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the Captain of the Port Detroit or his
designated on-scene representative to obtain permission.
    (5) Vessel operators given permission to enter or operate in the
regulated area must comply with all directions given to them by the
Captain of the Port or his designated on-scene representative.

    Dated: June 27, 2011.
J. E. Ogden,
Captain, U. S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-16924 Filed 7-5-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75543-75544]
[FR Doc No: 2014-29626]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD15-5-000]

Imperial Irrigation District; Notice of Preliminary Determination
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions to Intervene

    On November 26, 2014, the Imperial Irrigation District filed a
notice of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act (FPA), as amended by
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA).
The proposed Rockwood Heading on Central Main Canal In-Conduit
Hydroelectric Project would have an installed capacity of 170 kilowatts
(kW) and would be located on the existing Central Main Canal. This
conduit transports water for irrigation, municipal, and industrial
purposes. The project would be located near the city of Brawley in
Imperial County, California.
    Applicant Contact: Carl Stills, 1651 West Main Street, El Centro,
CA 92243, Phone No.<PHONE_NUMBER>.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) One proposed 23.7-foot-long, 14.5-foot-
wide concrete box intake structure with a 10-foot-wide gate; (2) a
proposed 15-by-20-foot powerhouse containing a turbine generator unit
with an installed capacity of 170 kW; (3) the proposed 35-foot-long,
14.5-foot-wide concrete box tailrace structure which returns the water
into the Central Main Canal; and (4) appurtenant facilities. The
proposed project would have an estimated annual generating capacity of
941 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
                                                                                Satisfies
              Statutory provision                                   Description                         (Y/N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by HREA............  The conduit the facility uses is a tunnel, canal,            Y
                                                  pipeline, aqueduct, flume, ditch, or similar
                                                  manmade water conveyance that is operated for
                                                  the distribution of water for agricultural,
                                                  municipal, or industrial consumption and not
                                                  primarily for the generation of electricity.
FPA 30(a)(3)(C)(i), as amended by HREA.........  The facility is constructed, operated, or                    Y
                                                  maintained for the generation of electric power
                                                  and uses for such generation only the
                                                  hydroelectric potential of a non-federally owned
                                                  conduit.
FPA 30(a)(3)(C)(ii), as amended by HREA........  The facility has an installed capacity that does             Y
                                                  not exceed 5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by HREA.......  On or before August 9, 2013, the facility is not             Y
                                                  licensed, or exempted from the licensing
                                                  requirements of Part I of the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility, which is
not required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.

    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2014).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the Web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (e.g., CD15-5-000) in
the docket number field to access the document. For assistance, call
toll-free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY,
call<PHONE_NUMBER>.

    Dated: December 10, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-29626 Filed 12-17-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Rules and Regulations]
[Pages 27567-27569]
[FR Doc No: 2015-11584]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2014-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1-percent-annual-chance) Flood Elevations (BFEs) and
modified BFEs are made final for the communities listed below. The BFEs
and modified BFEs are the basis for the floodplain management measures
that each community is required either to adopt or to show evidence of
being already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and 90 days have elapsed
since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                           Location of referenced   (NAVD) # Depth in
           Flooding source(s)                    elevation          feet above ground     Communities affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                            Edgecombe County, North Carolina, and Incorporated Areas
                                             Docket No.: FEMA-B-1202
----------------------------------------------------------------------------------------------------------------
Bynum Mill Creek.......................  At the Town Creek                        +48  Town of Macclesfield,
                                          confluence.                                   Town of Pinetops,
                                                                                Unincorporated Areas of
                                                                                Edgecombe County.
                                         At the downstream side of                +83
                                          North Carolina Highway
                                          124.
Bynum Mill Run.........................  At the Bynum Mill Creek                  +66  Town of Macclesfield,
                                          confluence.                                   Unincorporated Areas of
                                                                                Edgecombe County.
                                         Approximately 0.5 mile                   +95
                                          upstream of South 4th
                                          Street Extension (State
                                          Route 1112).
Cokey Swamp............................  At the Town Creek                        +54  Unincorporated Areas of
                                          confluence.                                   Edgecombe County.
                                         Approximately 1.7 miles                  +55
                                          upstream of the
                                          confluence with Town
                                          Creek.
Deep Creek.............................  Approximately 1.0 mile                   +48  Town of Speed,
                                          downstream of Dickens                         Unincorporated Areas of
                                          Road (State Route 1505).                      Edgecombe County.
                                         At the Deep Creek                        +56
                                          Tributary confluence.
East Tarboro Canal.....................  Approximately 1,500 feet                 +45  Town of Tarboro,
                                          upstream of the Tar                           Unincorporated Areas of
                                          River confluence.                             Edgecombe County.
                                         Approximately 590 feet                   +56
                                          upstream of the railroad.
Fishing Creek..........................  Approximately 500 feet                   +49  Town of Leggett,
                                          upstream of the Maple                         Unincorporated Areas of
                                          Swamp confluence.                             Edgecombe County.
                                         Approximately 1.0 mile                   +57
                                          upstream of NC Highway
                                          97.
Leggett Canal..........................  At the Swift Creek                       +58  Town of Leggett,
                                          confluence.                                   Unincorporated Areas of
                                                                                Edgecombe County.
                                         Approximately 0.7 mile                   +58
                                          upstream of the Swift
                                          Creek confluence.
Longs Branch...........................  At the upstream side of                  +54  Town of Speed,
                                          the railroad.                                 Unincorporated Areas of
                                                                                Edgecombe County.
                                         Approximately 0.9 mile                   +63
                                          upstream of North
                                          Carolina Highway 122.
Maple Swamp............................  At the Fishing Creek                     +49  Unincorporated Areas of
                                          confluence.                                   Edgecombe County.
                                         Approximately 0.6 mile                   +59
                                          downstream of Bethlehem
                                          Church Road (State Route
                                          1431).
Moccasin Swamp.........................  At the Swift Creek                       +73  Unincorporated Areas of
                                          confluence.                                   Edgecombe County.
                                         Approximately 1.0 mile                   +74
                                          upstream of the Swift
                                          Creek confluence.
Moore Swamp............................  At the Maple Swamp                       +56  Unincorporated Areas of
                                          confluence.                                   Edgecombe County.
                                         Approximately 1.1 miles                  +58
                                          upstream of the Maple
                                          Swamp confluence.
Savage Mill Run........................  Approximately 250 feet                   +56  Town of Speed,
                                          downstream of North                           Unincorporated Areas of
                                          Carolina Highway 122.                         Edgecombe County.
                                         Approximately 1.2 miles                  +62
                                          upstream of North
                                          Carolina Highway 122.
Swift Creek............................  Approximately 300 feet                   +51  Town of Leggett,
                                          upstream of West                              Unincorporated Areas of
                                          Logsboro Road.                                Edgecombe County.
                                         Approximately 0.6 mile                   +78
                                          downstream of Seven
                                          Bridges Road (State
                                          Route 1404).
Town Creek.............................  Approximately 2.0 miles                  +40  Town of Pinetops,
                                          upstream of Colonial                          Unincorporated Areas of
                                          Road (State Route 1601).                      Edgecombe County.
                                         Approximately 140 feet                   +57
                                          upstream of North
                                          Carolina Highway 43.

White Oak Swamp........................  Approximately 1,500 feet                 +62  Unincorporated Areas of
                                          downstream of White Oak                       Edgecombe County
                                          Swamp Road (State Route
                                          1428).
                                         Approximately 1,900 feet                 +65
                                          upstream of White Oak
                                          Swamp Road (SR1428).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter

                                                    ADDRESSES

Town of Leggett

Maps are available for inspection at Leggett Town Hall, 63 Draughn Road, Tarboro, NC 27886.

Town of Macclesfield

Maps are available for inspection at Town Hall, 203 West Green Street, Macclesfield, NC 27852.

Town of Pinetops

Maps are available for inspection at the Town Hall, 101 East Hamlet Street, Pinetops, NC 27864.

Town of Speed

Maps are available for inspection at the Town Hall, 200 Railroad Street, Speed, NC 27881.

Town of Tarboro

Maps are available for inspection at the Town Hall, 500 Main Street, Tarboro, NC 27886.

                                    Unincorporated Areas of Edgecombe County

Maps are available for inspection at the Edgecombe County Planning Department, 201 Saint Andrews Street, Room
 205, Tarboro, NC 27886
----------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in
                                                                                feet (NGVD) +
                                                                                Elevation in feet
                                                      Source of                                                                        (NAVD) # Depth in
            State              City/town/county       flooding                                   Location                              feet above ground
                                                                                [caret] Elevation
                                                                                in  meters (MSL)
                                                                                Modified
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Unincorporated Areas of Halifax County, North Carolina
                                                                 Docket No.: FEMA-B-1198
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Carolina...............  Unincorporated             Fishing CreApproximately 1.1 miles upstream of the Fishing Creek Tributary                 +59
                                Areas of                              2 confluence.
                                Halifax County.
                                                                     Approximately 1.0 mile downstream of Grammon Road (State Route                  +63
                                                                      1429).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                                        ADDRESSES

                                                         Unincorporated Areas of Halifax County

Maps are available for inspection at the Halifax County Planning Department, 15 West Pittsylvania Street, Halifax, NC 27839.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: April 22, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2015-11584 Filed 5-13-15; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: April 22, 2010 (Volume 75, Number 77)]
[Notices]
[Page 21006]
[DOCID:fr22ap10-69]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Town Hall Discussion With the Director of the Center for Devices
and Radiological Health and Other Senior Center Management

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

    The Food and Drug Administration (FDA) is announcing a public
meeting entitled: ``Town Hall Discussion With the Director of the
Center for Devices and Radiological Health and Other Senior Center
Management.'' The purpose of this meeting is to present the Center for
Devices and Radiological Health (CDRH) fiscal year (FY) 2010
priorities. In addition, FDA is interested in engaging in discussions
about issues that are of importance to the medical device industry.
    Dates and Time: The public meeting will be held on May 18, 2010,
from 9 a.m. to 4 p.m.
    Location: The public meeting will be held at the Hilton
Minneapolis, Saint Paul Airport, 3800 American Blvd. East, Bloomington,
MN, 55425-1658. The meeting will not be videotaped or webcast.
    Contact Person: Heather Howell, Food and Drug Administration,
Center for Devices and Radiological Health, 10903 New Hampshire Ave.,
Bldg. 66 (rm. 4320), Silver Spring, MD 20993,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    Registration and Requests for Oral Presentations: If you wish to
attend the public meeting, you must register online at: http://
www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/
ucm206671.htm. Provide complete contact information for each attendee,
including: Name, title, company or organization, address, e-mail, and
telephone number. Registration requests must be received by 5 p.m. on
Wednesday, May 5, 2010.
    If you wish to make an oral presentation during any of the sessions
at the meeting (see section II of this document), you must indicate
this at the time of registration. FDA will do its best to accommodate
requests to speak. Individuals and organizations with common interests
are urged to consolidate or coordinate their presentations, and to
request time for a joint presentation. FDA will determine the amount of
time allotted to each presenter and the approximate time that each oral
presentation is scheduled to begin.
    Registration is free and will be on a first-come, first-served
basis. Early registration is recommended because seating is limited.
FDA may limit the number of participants from each organization based
on space limitations. Registrants will receive confirmation once they
have been accepted. Onsite registration on the day of the public
meeting will be provided on a space-available basis beginning at 8 a.m.
    If you need special accommodations due to a disability, please
contact Susan Monahan at<PHONE_NUMBER> or<EMAIL_ADDRESS>at
least 7 days in advance of the meeting.
    Comments: FDA is holding this public meeting to share information
and discuss issues of importance to the medical device industry. CDRH
is specifically interested in addressing the following question: What
mechanism(s) would you prefer or suggest for FDA to engage with
industry? The deadline for responding to this question and for
submitting other comments related to this public meeting is Wednesday,
May 5, 2010.
    Regardless of attendance at the public meeting, interested persons
may submit electronic or written comments. Submit electronic comments
to http://www.regulations.gov. Submit written comments to the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit a single copy of
electronic comments or two paper copies of any mailed comments, except
that individuals may submit one paper copy. Comments are to be
identified with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

I. Background

    CDRH has announced four priority areas of activity for fiscal year
2010, each of which presents significant opportunities to improve the
Center's effectiveness in fulfilling our public health mission. More
information, including specific goals and actions associated with each
priority, is available under ``CDRH Strategic Planning'' at:
www.fda.gov/AboutFDA/CentersOffices/CDRH.

II. Public Meeting

    The objective of this public meeting is to present CDRH FY 2010
priorities. In addition, FDA is interested in engaging in discussions
about issues that are of importance to the medical device industry.
CDRH wishes to obtain feedback/ideas for facilitating two-way
communication between CDRH and the medical device industry.
    The meeting will open with an introduction of CDRH Senior Staff in
attendance. Following introductions, Jeffrey Shuren, the Director of
CDRH, will present the FY 2010 CDRH priorities. Industry
representatives and other members of the public will then be given the
opportunity to present comments to CDRH Senior Staff. Attendees from
CDRH may respond to questions presented by industry and other members
of the public.
    In advance of the meeting, additional information, including a
meeting agenda with a speakers' schedule, will be made available on the
Internet. This information will be placed on file in the public docket
(docket number found in brackets in the heading of this document),
which is available at http://www.regulations.gov. This information will
also be available at http://www.fda.gov/MedicalDevices/NewsEvents/
WorkshopsConferences/default.htm (select the appropriate meeting from
the list).

III. Transcripts

    Transcripts of the public meeting may be requested in writing from
the Freedom of Information Office (HFI-35), Food and Drug
Administration, 5600 Fishers Lane, rm. 6-30, Rockville, MD 20857,
approximately 15 working days after the public meeting at a cost of 10
cents per page. A transcript of the public meeting will be available on
the Internet at http://www.regulations.gov.

    Dated: April 16, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-9242 Filed 4-21-10; 8:45 am]
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[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Page 14896]
[FR Doc No: 2017-05783]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX17-3-000]

Vista Energy Storage, LLC; Notice of Filing

    Take notice that on March 14, 2017, pursuant to section 211 of the
Federal Power Act \1\ and section 9.3.3 of the San Diego Gas & Electric
Company Transmission Owner Tariff, Vista Energy Storage, LLC filed an
application for order directing interconnection and transmission
service and request for expedited action.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824j (2012).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 4, 2017.

    Dated: March 15, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-05783 Filed 3-22-17; 8:45 am]
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[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Rules and Regulations]
[Page 50663]
[FR Doc No: 2011-20751]

========================================================================
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. 76, No. 158 / Tuesday, August 16, 2011 /
Rules and Regulations

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 292

[Docket No. RM09-23-000]

Revisions to Form, Procedures and Criteria for Certification of
Qualifying Facility Status for a Small Power Production or Cogeneration
Facility

AGENCY: Federal Energy Regulatory Commission.

ACTION: Correcting amendment.

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SUMMARY:  This document contains corrections to final regulations which
were published in the Federal Register of Tuesday, March 30, 2010. The
final rule document adopted revisions to FERC Form 556 and to
Commission procedures and criteria for the certification of qualifying
facility status for a small power production or cogeneration facility.

DATES: August 16, 2011.

FOR FURTHER INFORMATION CONTACT: S.L. Higginbottom (Legal Information),
Office of the General Counsel, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426, Telephone:<PHONE_NUMBER>,
E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The final regulations amended 18 CFR 292.205
and affect the Commission's criteria and procedures for the
certification of qualifying facility status for small power production
or cogeneration facilities.
    As published, the final regulations contained errors; they
incorrectly removed paragraphs from 18 CFR 292.205(d). These paragraphs
contain critical criteria for new cogeneration facilities.

List of Subjects in 18 CFR Part 292

    Electric power, Electric power plants, Electric utilities.

    Accordingly, 18 CFR part 292 is corrected by making the following
correcting amendment:

Subchapter K--Regulations Under The Public Utility Regulatory Policies
Act of 1978

PART 292--REGULATIONS UNDER SECTION 201 AND 210 OF THE PUBLIC
UTILITY REGULATORY POLICIES ACT OF 1978 WITH REGARD TO SMALL POWER
PRODUCTION AND COGENERATION

0
1. The authority citation for part 292 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Section 292.205 is amended by adding paragraphs (d)(1) through (5)
to read as follows:

Sec.  292.205  Criteria for qualifying cogeneration facilities.

* * * * *
    (d) * * *
    (1) The thermal energy output of the cogeneration facility is used
in a productive and beneficial manner; and
    (2) The electrical, thermal, chemical and mechanical output of the
cogeneration facility is used fundamentally for industrial, commercial,
residential or institutional purposes and is not intended
fundamentality for sale to an electric utility, taking into account
technological, efficiency, economic, and variable thermal energy
requirements, as well as state laws applicable to sales of electric
energy from a qualifying facility to its host facility.
    (3) Fundamental use test. For the purpose of satisfying paragraph
(d)(2) of this section, the electrical, thermal, chemical and
mechanical output of the cogeneration facility will be considered used
fundamentally for industrial, commercial, or institutional purposes,
and not intended fundamentally for sale to an electric utility if at
least 50 percent of the aggregate of such output, on an annual basis,
is used for industrial, commercial, residential or institutional
purposes. In addition, applicants for facilities that do not meet this
safe harbor standard may present evidence to the Commission that the
facilities should nevertheless be certified given state laws applicable
to sales of electric energy or unique technological, efficiency,
economic, and variable thermal energy requirements.
    (4) For purposes of paragraphs (d)(1) and (2) of this section, a
new cogeneration facility of 5 MW or smaller will be presumed to
satisfy the requirements of those paragraphs.
    (5) For purposes of paragraph (d)(1) of this section, where a
thermal host existed prior to the development of a new cogeneration
facility whose thermal output will supplant the thermal source
previously in use by the thermal host, the thermal output of such new
cogeneration facility will be presumed to satisfy the requirements of
paragraph (d)(1).

    Dated: August 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20751 Filed 8-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Notices]
[Page 10009-10010]
[DOCID:fr25fe08-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12979-000]

Kiamichi Hydro, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

February 15, 2008.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-12979-000.
    c. Date Filed: August 31, 2007.
    d. Applicant: Kiamichi Hydro, LLC.
    e. Name of the Project: Hugo Dam Hydroelectric.
    f. Location: The project would be located on the Kiamichi River in
Choctaw County, Oklahoma. The Hugo Dam is owned and maintained by the
U.S. Army Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Brent Smith, Symbiotics, LLC, P.O. Box
535, Rigby, ID 83442, Phone<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12979-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would utilize the
existing U. S. Army Corps of Engineers' Hugo Dam and would consist of:
(1) A proposed 270-foot-long, 144-inch-diameter penstock; (2) a
proposed powerhouse containing one generating unit with an installed
capacity of 3-megawatts; (3) a switchyard; (4) a proposed 0.2-mile-
long, 25-kV transmission line; and (5) appurtenant facilities. The
proposed project would have an estimated annual generation of
approximately 13.5-gigawatts and would be sold to a local utility.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the

particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-3500 Filed 2-22-08; 8:45 am]

BILLING CODE 6717-01-P