[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Rules and Regulations]
[Pages 61766-61770]
[FR Doc No: 2014-24417]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-8355]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
Part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth

column of the table. No direct Federal financial assistance (except
assistance pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    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 rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 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.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region III

Maryland:
    Calvert County,                    240011  July 5, 1973,      November 19, 2014.....  November 19, 2014
     Unincorporated Areas.                      Emerg; September
                                                28, 1984, Reg;
                                                November 19,
                                                2014, Susp.
    Chesapeake Beach, Town of,         240100  September 15,      .....do...............   Do.
     Calvert County.                            1975, Emerg;
                                                November 1,
                                                1984, Reg;
                                                November 19,
                                                2014, Susp.
    Leonardtown, Town of, Saint        240065  April 14, 1975,    .....do...............   Do.
     Mary's County.                             Emerg; September
                                                28, 1984, Reg;
                                                November 19,
                                                2014, Susp.
    North Beach, Town of,              240012  August 30, 1974,   .....do...............   Do.
     Calvert County.                            Emerg; September
                                                28, 1984, Reg;
                                                November 19,
                                                2014, Susp.
    Saint Mary's County,               240064  April 28, 1975,    .....do...............   Do.
     Unincorporated Areas.                      Emerg; February
                                                19, 1987, Reg;
                                                November 19,
                                                2014, Susp.
Pennsylvania:
    Ashland, Borough of,               420765  August 20, 1974,   .....do...............   Do.
     Schuylkill County.                         Emerg; August 1,
                                                1990, Reg;
                                                November 19,
                                                2014, Susp.
    Auburn, Borough of,                420766  July 29, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; May 17,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    Barry, Township of,                421997  August 5, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Blythe, Township of,               420767  March 30, 1973,    .....do...............   Do.
     Schuylkill County.                         Emerg; June 15,
                                                1977, Reg;
                                                November 19,
                                                2014, Susp.
    Branch, Township of,               421998  December 2, 1975,  .....do...............   Do.
     Schuylkill County.                         Emerg; June 4,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.
    Butler, Township of,               421999  September 15,      .....do...............   Do.
     Schuylkill County.                         1975, Emerg;
                                                November 16,
                                                1990, Reg;
                                                November 19,
                                                2014, Susp.
    Cass, Township of,                 422000  December 8, 1975,  .....do...............   Do.
     Schuylkill County.                         Emerg; May 17,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    Cressona, Borough of,              420769  May 23, 1973,      .....do...............   Do.
     Schuylkill County.                         Emerg; August 1,
                                                1977, Reg;
                                                November 19,
                                                2014, Susp.
    Deer Lake, Borough of,             422640  January 22, 1976,  .....do...............   Do.
     Schuylkill County.                         Emerg; February
                                                2, 1989, Reg;
                                                November 19,
                                                2014, Susp.
    Delano, Township of,               422001  April 30, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.

    East Brunswick, Township           422002  April 9, 1975,     .....do...............   Do.
     of, Schuylkill County.                     Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    East Norwegian, Township           422003  August 7, 1975,    .....do...............   Do.
     of, Schuylkill County.                     Emerg; August 3,
                                                1984, Reg;
                                                November 19,
                                                2014, Susp.
    East Union, Township of,           422004  April 21, 1975,     Do...................   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Eldred, Township of,               422005  August 5, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Foster, Township of,               422006  April 21, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Frackville, Borough of,            420771  July 9, 1975,      .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Gilberton, Borough of,             421007  August 18, 1972,   .....do...............   Do.
     Schuylkill County.                         Emerg; May 2,
                                                1977, Reg;
                                                November 19,
                                                2014, Susp.
    Girardville, Borough of,           420772  April 29, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; February
                                                2, 1990, Reg;
                                                November 19,
                                                2014, Susp.
    Gordon, Borough of,                420773  September 6,       .....do...............   Do.
     Schuylkill County.                         1974, Emerg;
                                                November 15,
                                                1978, Reg;
                                                November 19,
                                                2014, Susp.
    Hegins, Township of,               422008  July 15, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Hubley, Township of,               422009  October 15, 1975,  .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Kline, Township of,                422010  December 26,       .....do...............   Do.
     Schuylkill County.                         1975, Emerg;
                                                September 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Landingville, Borough of,          420774  June 28, 1973,     .....do...............   Do.
     Schuylkill County.                         Emerg; August
                                                15, 1977, Reg;
                                                November 19,
                                                2014, Susp.
    Mahanoy, Township of,              422011  August 20, 1975,   .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    McAdoo, Borough of,                420776  June 6, 1973,      .....do...............   Do.
     Schuylkill County.                         Emerg; April 17,
                                                1978, Reg;
                                                November 19,
                                                2014, Susp.
    Mechanicsville, Borough of,        421994  May 12, 1975,      .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Middleport, Borough of,            420777  September 27,      .....do...............   Do.
     Schuylkill County.                         1974, Emerg;
                                                September 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Minersville, Borough of,           420778  April 4, 1974,     .....do...............   Do.
     Schuylkill County.                         Emerg; March 2,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    Mount Carbon, Borough of,          421995  August 28, 1975,   .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    New Castle, Township of,           422012  December 3, 1979,  .....do...............   Do.
     Schuylkill County.                         Emerg; August
                                                13, 1982, Reg;
                                                November 19,
                                                2014, Susp.
    New Philadelphia, Borough          420779  May 25, 1973,      .....do...............   Do.
     of, Schuylkill County.                     Emerg; August
                                                15, 1977, Reg;
                                                November 19,
                                                2014, Susp.
    New Ringgold, Borough of,          421996  August 22, 1975,   .....do...............   Do.
     Schuylkill County.                         Emerg; November
                                                15, 1989, Reg;
                                                November 19,
                                                2014, Susp.
    North Manheim, Township of,        422013  September 29,      .....do...............   Do.
     Schuylkill County.                         1975, Emerg;
                                                November 15,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    North Union, Township of,          422014  July 11, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Norwegian, Township of,            422015  April 21, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; July 9,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.
    Orwigsburg, Borough of,            421204  May 15, 1974,      .....do...............   Do.
     Schuylkill County.                         Emerg; March 2,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    Palo Alto, Borough of,             420780  December 13,       .....do...............   Do.
     Schuylkill County.                         1974, Emerg;
                                                August 3, 1984,
                                                Reg; November
                                                19, 2014, Susp.
    Pine Grove, Borough of,            420781  April 17, 1973,    .....do...............   Do.
     Schuylkill County.                         Emerg; December
                                                4, 1979, Reg;
                                                November 19,
                                                2014, Susp.
    Pine Grove, Township of,           420782  June 14, 1973,     .....do...............   Do.
     Schuylkill County.                         Emerg; April 16,
                                                1990, Reg;
                                                November 19,
                                                2014, Susp.
    Port Carbon, Borough of,           420783  September 15,      .....do...............   Do.
     Schuylkill County.                         1972, Emerg;
                                                January 19,
                                                1978, Reg;
                                                November 19,
                                                2014, Susp.
    Port Clinton, Borough of,          420784  December 15,       .....do...............   Do.
     Schuylkill County.                         1972, Emerg;
                                                February 1,
                                                1980, Reg;
                                                November 19,
                                                2014, Susp.
    Porter, Township of,               422016  August 18, 1975,   .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Pottsville, City of,               420785  June 28, 1973,     .....do...............   Do.
     Schuylkill County.                         Emerg; July 5,
                                                1977, Reg;
                                                November 19,
                                                2014, Susp.
    Reilly, Township of,               422017  April 7, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    Ringtown, Borough of,              422505  May 27, 1975,      .....do...............   Do.
     Schuylkill County.                         Emerg; June 25,
                                                1976, Reg;
                                                November 19,
                                                2014, Susp.

    Rush, Township of,                 422018  April 21, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; January
                                                7, 1983, Reg;
                                                November 19,
                                                2014, Susp.
    Ryan, Township of,                 422019  April 7, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; April 1,
                                                1983, Reg;
                                                November 19,
                                                2014, Susp.
    Schuylkill, Township of,           422020  May 27, 1975,      .....do...............   Do.
     Schuylkill County.                         Emerg; March 11,
                                                1983, Reg;
                                                November 19,
                                                2014, Susp.
    Shenandoah, Borough of,            420788  May 16, 1973,      .....do...............   Do.
     Schuylkill County.                         Emerg; May 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    South Manheim, Township of,        422022  August 6, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; May 4,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    Saint Clair, Borough of,           420786  November 24,       .....do...............   Do.
     Schuylkill County.                         1972, Emerg;
                                                March 15, 1977,
                                                Reg; November
                                                19, 2014, Susp.
    Tamaqua, Borough of,               425389  January 29, 1971,  .....do...............   Do.
     Schuylkill County.                         Emerg; December
                                                3, 1971, Reg;
                                                November 19,
                                                2014, Susp.
    Tower City, Borough of,            420790  April 29, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Tremont, Township of,              422023  March 19, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                5, 1979, Reg;
                                                November 19,
                                                2014, Susp.
    Union, Township of,                422024  July 24, 1975,     .....do...............   Do.
     Schuylkill County.                         Emerg; September
                                                1, 1986, Reg;
                                                November 19,
                                                2014, Susp.
    Walker, Township of,               422026  March 19, 1975,    .....do...............   Do.
     Schuylkill County.                         Emerg; December
                                                5, 1989, Reg;
                                                November 19,
                                                2014, Susp.
    Washington, Township of,           422506  April 4, 1979,     .....do...............   Do.
     Schuylkill County.                         Emerg; February
                                                2, 1990, Reg;
                                                November 19,
                                                2014, Susp.
    Wayne, Township of,                422027  November 13,       .....do...............   Do.
     Schuylkill County.                         1979, Emerg;
                                                September 1,
                                                1986, Reg;
                                                November 19,
                                                2014, Susp.
    West Brunswick, Township           422028  August 1, 1979,    .....do...............   Do.
     of, Schuylkill County.                     Emerg; July 17,
                                                1989, Reg;
                                                November 19,
                                                2014, Susp.
    West Mahanoy, Township of,         420792  May 16, 1973,      .....do...............   Do.
     Schuylkill County.                         Emerg; April 1,
                                                1983, Reg;
                                                November 19,
                                                2014, Susp.
    West Penn, Township of,            422029  April 3, 1979,     .....do...............   Do.
     Schuylkill County.                         Emerg; February
                                                2, 1990, Reg;
                                                November 19,
                                                2014, Susp.
Virginia:
    Gloucester County,                 510071  March 25, 1974,    .....do...............   Do.
     Unincorporated Areas.                      Emerg; August 4,
                                                1987, Reg;
                                                November 19,
                                                2014, Susp.

            Region V
Indiana:
    Brownstown, Town of,               180317  January 29, 1976,  .....do...............   Do.
     Jackson County.                            Emerg; January
                                                3, 1985, Reg;
                                                November 19,
                                                2014, Susp.
    Carmel, City of, Hamilton          180081  August 7, 1975,    .....do...............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg;
                                                November 19,
                                                2014, Susp.
    Cicero, Town of, Hamilton          180320  March 24, 1975,    .....do...............   Do.
     County.                                    Emerg; January
                                                2, 1980, Reg;
                                                November 19,
                                                2014, Susp.
    Crothersville, Town of,            180378  September 23,      .....do...............   Do.
     Jackson County.                            1976, Emerg;
                                                January 3, 1985,
                                                Reg; November
                                                19, 2014, Susp.
    Hamilton County,                   180080  December 15,       .....do...............   Do.
     Unincorporated Areas.                      1988, Emerg;
                                                December 16,
                                                1988, Reg;
                                                November 19,
                                                2014, Susp.
    Jackson County,                    180405  December 13,       .....do...............   Do.
     Unincorporated Areas.                      1974, Emerg;
                                                January 5, 1984,
                                                Reg; November
                                                19, 2014, Susp.
    Medora, Town of, Jackson           180098  May 11, 1976,      .....do...............   Do.
     County.                                    Emerg; January
                                                5, 1984, Reg;
                                                November 19,
                                                2014, Susp.
    Noblesville, City of,              180082  June 12, 1975,     .....do...............   Do.
     Hamilton County.                           Emerg; March 2,
                                                1981, Reg;
                                                November 19,
                                                2014, Susp.
    Seymour, City of, Jackson          180099  April 3, 1975,     .....do...............   Do.
     County.                                    Emerg; November
                                                2, 1983, Reg;
                                                November 19,
                                                2014, Susp.
    Sheridan, Town of, Hamilton        180516  N/A, Emerg; June   .....do...............   Do.
     County.                                    1, 2004, Reg;
                                                November 19,
                                                2014, Susp.
    Westfield, City of,                180083  August 15, 1975,   .....do...............   Do.
     Hamilton County.                           Emerg; March 16,
                                                1981, Reg;
                                                November 19,
                                                2014, Susp.
Minnesota:
  Albert Lea, City of, Freeborn        270135  October 17, 1974,  .....do...............   Do.
   County.                                      Emerg; May 3,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.
    Emmons, City of, Freeborn          270657  March 25, 1977,    .....do...............   Do.
     County.                                    Emerg; May 3,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.
    Freeborn County,                   270134  April 16, 1974,    .....do...............   Do.
     Unincorporated Areas.                      Emerg; May 3,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.
    Glenville, City of,                270137  May 2, 1974,       .....do...............   Do.
     Freeborn County.                           Emerg; May 3,
                                                1982, Reg;
                                                November 19,
                                                2014, Susp.

    Twin Lakes, City of,               270139  September 22,      .....do...............   Do.
     Freeborn County.                           1977, Emerg; May
                                                3, 1982, Reg;
                                                November 19,
                                                2014, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: September 29, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2014-24417 Filed 10-14-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: February 2, 2010 (Volume 75, Number 21)]
[Notices]
[Page 5333-5334]
[DOCID:fr02fe10-80]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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

Pulmonary-Allergy Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Pulmonary-Allergy Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on March 9, 2010, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd, Silver Spring, MD,<PHONE_NUMBER>.
    Contact Person: Kristine T. Khuc, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-7001, FAX:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On March 9, 2010, the committee will discuss new drug
application (NDA) 22-535, pirfenidone, by InterMune. The proposed
indication (purpose) of this drug is the treatment of patients with
idiopathic pulmonary fibrosis (scarring of the lungs without a known
cause) to decrease the decline in lung function associated with this
condition.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background

material on its Web site prior to the meeting, the background material
will be made publicly available at the location of the advisory
committee meeting, and the background material will be posted on FDA's
Web site after the meeting. Background material is available at http://
www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the
appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 23, 2010. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before February 12, 2010. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
16, 2010.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Kristine T. Khuc at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/
AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 25, 2010.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2010-2054 Filed 2-1-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1500]
[DOCID:fr12ja07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2306-098]

Great Bay Hydro Corporation; Notice Dismissing Rehearing Requests
as Moot

January 5, 2007.
    On August 29, 2006, the license for the Great Bay Hydro
Corporation's (Great Bay) 4.80-megawatt Clyde River Hydroelectric
Project No. 2306 was amended to authorize the licensee to remove from
the project boundary certain impoundments, structures, and lands and to
convey in fee a portion of the lands to the Vermont Agency of Natural
Resources (ANR), as well as to convey to the Vermont ANR a conservation
easement on certain lands remaining within the project boundary.\1\
---------------------------------------------------------------------------

    \1\ See 116 FERC ] 62,169 (2006).
---------------------------------------------------------------------------

    On September 28, 2006, Great Bay and Vermont ANR filed timely
requests for rehearing and or clarification of the August 29 order.
However, upon consideration of the record in the proceeding, the August
29 order was rescinded and the proceeding was remanded to Commission
staff for further action.\2\ Accordingly, the requests for rehearing
filed on September 28, 2006, by Great Bay Hydro Corporation and by
Vermont Agency of Natural Resources are dismissed as moot.
---------------------------------------------------------------------------

    \2\ See 117 FERC ] 61,329 (2006).

Magalie R. Salas,
Secretary.
[FR Doc. E7-286 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

		PC Code No.:	 110008

DP Barcode: D357831

		Date:	June 1, 2009

SUBJECT:	Drinking Water Assessment for IR-4 Registration for Use of
Spinetoram on Pineapple, Spice subgroup 19B,  Pomegranate, Dates, Hops,
and Dried Cones

TO:		Tom Bloem

		Mary Clock-Rust

		Health and Effects Division

		Laura Nollen

		Registration Division

FROM:	Larry Liu, Environmental Scientist, Ph.D.

		Environmental Fate and Effects Division

THROUGH:	Mah Shamim, Ph.D., Branch Chief

Environmental Risk Branch V

Environmental Fate and Effects Division

		The previous drinking water assessment for use of spinetoram on
turfgrass, stone fruit, pome fruit, tree nuts (completed on May 14,
2007) can be used for the currently proposed uses of Delegate WG and
Radiant SC Insecticide on pineapple, spice subgroup 19B, pomegranate,
dates, hops, and died cones. The maximum single application rates and
the yearly/seasonal application rates for the proposed uses are lower
than those used in the drinking water assessment completed on May 14,
2007.  The proposed uses and application rates in the IR4 registration
are provided in Table 1.

Attached is the previous drinking water assessment on turfgrass, stone
fruit, pome fruit, tree nuts, etc.

\

Table 1.  Uses and application rates for spinetoram

Crop	Maximum Single

Application Rate

(lb a.i./A)	Maximum Number of

Applications per Season	Minimum

Application Interval (days)	Maximum Application rate per Season

(lb a.i. /A/Season)

Hops/Dried Cones	0.063	5	4	0.305

Dates	0.110	4	7	0.305

Pomegranate	0.110	3	4	0.219

Spices

Including allspice, anise, annatto, black caraway, caper, cinnamon,
mustard, white pepper, etc. 	0.060	5	10	0.305

Pineapple	0.060	6	7	0.305

Uses and application rates for spinetoram (reported in the 2007 review)

Crop	Maximum Single

Application Rate

(lb a.i./A)	Maximum Number of

Applications per Season	Minimum

Application Interval (days)	Maximum Application rate per Season

(lb a.i. spinetoram mixture/A/Season)

Asparagus	0.0625	3	4	0.188

Banana and plantain	0.0859	4	7	0.305

Bulb vegetables	0.0781	5	4	0.234

Bushberries	0.0938	6	6	0.305

Caneberries	0.0938	6	4	0.305

Cereal grains	0.0469	3	4	0.141

Citrus	0.0938	3	7	0.188

Cole crops (brassica vegetables)	0.0781	6	4	0.266

Corn (field and teosinte)	0.0469	3	2	0.125

Corn (sweet, popcorn, corn grown for seed)	0.0469	6	4	0.281

Cotton	0.0625	6	4	0.266

Cranberry	0.0938	6	7	0.305

Cucurbits	0.0781	6	4	0.266

Fig	0.1094	4	7	0.305

Fruiting vegetables and okra	0.0781	6	4	0.266

(It is also a yearly rate if there are more than one growing season in a
year)

Grape	0.0781	5	4	0.305

Herbs and spice	0.0625	5	4	0.305

Leafy vegetables	0.0781	6	4	0.266

Leaves of root, tuber, legume vegetables 	0.0781	6	7	0.266

Legume vegetables (succulent beans and peas)	0.0625	6	4	0.219

Legume vegetables (dried beans and peas)	0.0625	6	3	0.094

Mint	0.0938	4	4	0.305

Peanut	0.0625	3	7	0.188

Pome fruit	0.1094	4	7	0.438

Potatoes, tuberous corn vegetables	0.0625	4	7	0.250

Root vegetables (celeriac, edible burdock, oriental radish, rutabaga,
turnip)	0.0625	3	4	0.188

Root vegetables (carrot + others)	0.0625	4	4	0.219

Soybean	0.0313	4	4	0.109

Stone fruit	0.1094	4	7	0.438

Strawberry	0.0781	5	4	0.305

Tree nuts and pistachios	0.1094	6	7	0.438

Tropical tree fruits	0.1094	3	4	0.219

Tree farms and plantations (non-crop)	0.0859	6	7	0.305

Turf grass typical pests (non-crop)	0.2734	3	7	0.438

Herbaceous and woody ornamentals (non-crop)	0.1531	Not specified

	7	0.438

Commercial aquatic plant production (non-crop)	0.2734	Not specified

	7	0.438

Turf grass fire ant mound treatment (non-crop)	Not specified (spot
treatment of mounds only)	Not specified	Not specified	0.016

Home lawn and garden use  (same rate for all uses)	0.0609	Varies with
crop being treated, number is the same as specified on crop labels
Varies with crop being treated, number is the same as specified on crop
labels	0.367

 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

OFFICE OF

PREVENTION, PESTICIDES AND

TOXIC SUBSTANCES

MEMORANDUM

									DATE:  May 14, 2007

								PC CODE: 110009

								DP BARCODE: 325747

SUBJECT:	Tier 1 Estimated Environmental Concentrations of XDE-175 in
Human Health Risk Assessment

TO:	Bonaventure Akinlosotu

	Registration Division

	Thomas Bloem

	RAB1

	Health Effects Division

FROM:	Larry Liu, Ph.D. Environmental Scientist

ERB5

Environmental Fate and Effects Division (7507P)

THRU:	Mah Shamim, Ph.D. Branch Chief

ERB5

Environmental Fate and Effects Division (7507P)

This memo presents the Environmental Fate and Effects Division’s
(EFED) water assessment of the registration of XDE-175 (an insecticide),
for use on turfgrass, stone fruit, pome fruit, tree nuts, etc. in the
human health risk assessment.

The estimates for drinking water were performed using the model FIRST
for surface water and SCIGROW for ground water and were based on a
combined maximum yearly application rate for turfgrass.  According to
the labels, XDE-175 can be applied under two conditions in turfgrass.
The first condition is that XDE-175 can be applied to turfgrass to
control typical insect pests at a maximum yearly rate of 0.438 lb ai/A.
The second condition is that it can also be applied to control fire ants
at a maximum yearly rate of 0.016 lb ai/A in the same turfgrass.
Therefore, a combined maximum yearly rate of 0.454 lb ai/A (0.438 lb
ai/A for turf pests + 0.016 lb ai/A for fire ants) was used in modeling.
 The environmental fate information for this chemical is relatively
complete.  Since degradates that were either identified or partially
identified in the fate studies still contain the major ring structures
of the parent compound, the total residue method was used in modeling.
The maximum expected concentration of XDE-175 in surface waters is
14.419 ppb for acute risk calculations and 6.171 ppb for chronic risk
and cancer risk calculations.  Concentrations in ground water are not
expected to exceed 0.072 ppb (see table below).

Estimated Tier 1 concentrations of XDE-175 in drinking water.

           Chemical

	       Surface Water (ug/L)

 Groundwater (ug/L)

Acute

Chronic

Acute and Chronic

       XDE-175

14.419

6.171

     0.072

Should the results of this assessment indicate a need for further
refinement, please, contact us as soon as possible so that we may
schedule a Tier II assessment.

Drinking Water Assessment

Since the registrant has not submitted any monitoring studies to support
the registration of XDE-175, the drinking water and surface water
exposure assessment herein is only based on modeling results.  The
assumption of this Tier I Screening Level exposure assessment is that
100% of the applied chemical is expected to be available for runoff.

a.  Surface Water Modeling

The FIRST model was used to estimate concentrations that might occur in
vulnerable surface waters.  FIRST is a new screening model designed to
estimate the pesticide concentrations found in water for use in drinking
water assessments.  It provides high-end values on the concentrations
that might be found in a small drinking water reservoir due to the use
of pesticide.  Like GENEEC, the model previously used for Tier I
screening level, FIRST is a single-event model (one run-off event), but
can account for spray drift from multiple applications.  FIRST uses a
Drinking Water Reservoir instead of a pond as the standard scenario.
The FIRST scenario includes a 427 acres field immediately adjacent to a
13 acres reservoir, 9 feet deep, with continuous flow (two turnovers per
year).  The pond receives a spray drift event from each application plus
one runoff event.  The runoff event moves a maximum of 8% of the applied
pesticide into the pond.  This amount can be reduced due to degradation
on field and the effect of binding to soil.  Spray drift is equal to
6.4% of the applied concentration from the ground spray application and
16% for aerial applications.

FIRST also makes adjustments for the percent crop area. While FIRST
assumes that the entire watershed would not be treated, the use of a PCA
is still a screen because it represents the highest percentage of crop
cover of any large watershed in the US, and it assumes that the entire
crop is being treated.  Various other conservative assumptions of FIRST
include the use of a small drinking water reservoir surrounded by a
runoff-prone watershed, the use of the maximum use rate, no buffer zone,
and a single large rainfall.

b.    SEQ CHAPTER \h \r 1 Background Information on SCIGROW:

SCIGROW is a screening model used by the EPA Office of Pesticide
Programs (OPP) to estimate pesticide concentrations in vulnerable ground
water. The model provides an exposure value that is used to determine
the potential risk to the environment and to human health from drinking
water contaminated with the pesticide. The SCIGROW estimate is based on
environmental fate properties of the pesticide (aerobic soil degradation
half-life and linear adsorption coefficient normalized for soil organic
carbon content), the maximum application rate, and existing data from
small-scale prospective ground-water monitoring studies at sites with
sandy soils and shallow ground water.

Pesticide concentrations estimated by SCIGROW represent conservative or
high-end exposure values because the model is based on ground-water
monitoring studies which were conducted by applying pesticides at
maximum allowed rates and frequency to vulnerable sites (i.e., shallow
aquifers, sandy, permeable soils, and substantial rainfall and/or
irrigation to maximize leaching). In most cases, a large majority of the
use areas will have ground water that is less vulnerable to
contamination than the areas used to derive the SCIGROW estimate.

The SCIGROW value is likely to be exceeded only under exceptional
circumstances in a small percentage of the use area. No more than a few
percent of U.S. agricultural land consists of sandy soils overlying
shallow ground water like those selected for reasonable worst-case,
small-scale prospective groundwater monitoring studies.

c.  Modeling Input Parameters

Table 1 and Table 2 summarize the input values used in the model runs
for FIRST and SCIGROW, respectively.  Fate parameters were obtained from
studies submitted by the registrant and modified, if necessary,
according to the Guidance for Selecting Input Parameters in Modeling the
Environmental Fate and Transport of Pesticides, Version ll (February 28,
2002).  Since degradates that were either identified or partially
identified in the fate studies still contain the major ring structures
of the parent compound, the total residue method was used in modeling.
Attached to this memo are copies of the original printouts generated
from FIRST and SCIGROW runs.

Table 1. Input Parameters for RIRST Model.

Parameter

Input

Source

Crop	Turfgrass	Label

Water solubility (ppm)	11.3	MRID 46695004

Aqueous photolysis t1/2 (days)	Stable	MRID 46695023

Hydrolysis t1/2 @ pH 7 (days)

Stable

MRID 46695022

Aerobic soil t1/2 (days)

Stable

MRID 46695025

Aerobic aquatic t1/2 (days)

Stable

MRID 46695026

Organic carbon partition coefficient – the lowest non-sand Koc (mL/g)

2344

MRID 46695028

Pesticide is Wetted-In	No	Label

PCA	1	Label

Depth of Incorporation (inches)	0	Label

Maximum Application rate per season (the seasonal maximum rate was used
in the modeling; lb a.i./Acre)	0.454 lb a.i./acre

Label

Applications/year	1	Label

Table 2. Input Parameters for SCIGROW Model.

Parameter

Input

Source

Aerobic soil t1/2 (days)

Stable

MRID 46695025

Organic carbon partition coefficient – the lowest Koc (mL/g)

1800

MRID 46695028

Maximum Application rate per season (the seasonal maximum rate was used
in the modeling; lb a.i./Acre)	0.454 lb a.i./acre

Label

Applications/year	1	Label

Modeling Results

Estimated Tier I concentrations of XDE-175 in vulnerable surface water
were

14.419 ppb for acute exposure and up to 6.171 ppb for chronic exposure.
Estimated acute and chronic exposure to XDE-175 from vulnerable
groundwater is 0.072 ppb (Table 3)

Table 3.  Modeling Results for Use of XDE-175.

Parameter	Values

FIRST Peak Untreated Water Concentration (ppb)	14.419

FIRST Annual Average Untreated Water Concentration (ppb)	6.171

SCIGROW Ground Water Concentration (ppb)	0.072

Attachments

First Output:

   RUN No. 111 FOR XDE-175          ON   turfgrass     * INPUT VALUES *

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

    RATE (#/AC)   No.APPS &   SOIL  SOLUBIL  APPL TYPE  %CROPPED INCORP

     ONE(MULT)    INTERVAL    Koc   (PPM )   (%DRIFT)     AREA    (IN)

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

   .454(   .454)   1   1    2344.0   11.3   AERIAL(16.0) 100.0    .0

   FIELD AND RESERVOIR HALFLIFE VALUES (DAYS)

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

   METABOLIC  DAYS UNTIL  HYDROLYSIS   PHOTOLYSIS   METABOLIC  COMBINED

    (FIELD)  RAIN/RUNOFF  (RESERVOIR)  (RES.-EFF)   (RESER.)   (RESER.)

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

       .00        2          N/A       .00-     .00      .00       .00

   UNTREATED WATER CONC (MICROGRAMS/LITER (PPB)) Ver 1.1.0  JAN 1, 2007

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

        PEAK DAY   (ACUTE)                  ANNUAL AVERAGE (CHRONIC)

		CONCENTRATION				CONCENTRATION

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

		   14.419					    6.171

SCIGROW Output (version 2.3):

 chemical: XDE-175

 time is  5/ 3/2007  11:50:58

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

  Application      Number of       Total Use    Koc      Soil Aerobic

  rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism
(days)

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

      0.454           1.0           0.454      1.80E+03     1000.0

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

 groundwater screening conc (ppb) =   7.2E-02

 PAGE  1


[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27748-27752]
[FR Doc No: 2017-12456]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80905; File No. SR-IEX-2017-14]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Continued Listing Standards for Exchange Traded Products

June 12, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 5, 2017, the Investors Exchange LLC (``IEX'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''), and Rule 19b-4 thereunder, Investors
Exchange LLC (``IEX'' or ``Exchange'') is filing with the Commission a
proposed rule change to amend Chapter 16 of IEX Rules to add additional
continued listing requirements for exchange traded products (``ETP'')
listed under those rules, as well as a related amendment to IEX Rule
14.501 (Notification of Deficiency by IEX Regulation), and several
clarifying and conforming changes to IEX Rules 14.101, 14.500, 14.501
and 14.505. The Exchange is also proposing various housekeeping changes
throughout Chapter 16 for improved clarity. In addition, the Exchange
is proposing to revise certain of the initial and continued listing
standards applicable to Linked Securities and Index-Linked Exchangeable
Notes in Rules 16.110 and 16.111 respectively. The Exchange has

designated this proposal as non-controversial and provided the
Commission with the notice required by Rule 19b-4(f)(6)(iii) under the
Act. The text of the proposed rule change is available at the
Exchange's Web site at www.iextrading.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Chapter 16 of IEX Rules to add
additional continued listing standards for products listed under those
rules (i.e., ETPs), as well as a related amendment to IEX Rule 14.501
(Notification of Deficiency by IEX Regulation), and several clarifying
and conforming changes to IEX Rules 14.101, 14.500, 14.501 and 14.505.
The Exchange is also proposing various housekeeping changes throughout
Chapter 16 (e.g., punctuation, formatting, capitalization and
renumbering) for improved clarity.
    The Exchange does not currently list any ETPs.\4\ The proposed rule
changes are based on substantially identical Nasdaq Stock Market
(``Nasdaq'') rule changes that were recently approved by the
Commission, or that have become effective.\5\ The listing rules, as
amended by this proposed rule change, will become operative no later
than October 1, 2017.\6\
---------------------------------------------------------------------------

    \4\ In connection with IEX's Form 1 application for registration
as a national securities exchange, the Commission approved rules
applicable to the listing of ETPs on IEX. See Securities Exchange
Act Release No. 78101 (June 17, 2016), 81 FR 41141 (June 23, 2016).
These IEX rules are modelled on Nasdaq's rules applicable to the
listing of ETPs on Nasdaq, except that IEX rules do not provide for
the listing of currency warrants, alpha index securities and
NextShares. Additionally, the continued listing requirements
applicable to Managed Fund Shares under IEX Rule 16.135 are included
in SR-IEX-2017-03 (See, Securities Exchange Act Release No. 80545
(April 27, 2017), 82 FR 20648 (May 3, 2017)).
    \5\ See, Securities Exchange Act Release No. 79784 (Jan. 12,
2017), 82 FR 6664 (January 19, 2017) (SR-NASDAQ-2016-135). See also,
Securities Exchange Act Release No. 80210 (March 10, 2017), 82 FR
14094 (March 16, 2017) (SR-NASDAQ-2017-023). See also, SR-NASDAQ-
2017-040 filed with the Commission on May 3, 2017 for effectiveness
pursuant to Section 19b(3)(A)(iii) of the Act and Rule 19b-4(f)(6)
thereunder.
    \6\ The Exchange does not intend to list ETPs at this time or in
the near future, but this date ensures the Exchange has sufficient
time to meet its compliance obligations.
---------------------------------------------------------------------------

    In Nasdaq's recent Commission approved rule filing amending its ETP
listing standards, Nasdaq noted that staff of the Commission's Division
of Trading and Markets (``DTM'') requested that Nasdaq adopt certain
additional continued listing standards for ETPs, citing their concern
for potential manipulation of ETPs.\7\ As a result, the Nasdaq rule
change, as well as the Exchange's rule changes proposed in this filing,
reflect guidance provided by DTM that most initial listing standards,
as well as certain representations included in Exchange rule filings
under SEC Rule 19b-4 \8\ to list an ETP (``Exchange Rule Filing''), are
also considered continued listing standards. The Exchange Rule Filing
representations that will also be required to be maintained on a
continuous basis include: (a) The description of the fund; (b) the
fund's investment restrictions; and (c) the applicability of IEX
listing rules specified in an Exchange Rule filing.
---------------------------------------------------------------------------

    \7\ See, Securities Exchange Act Release No. 79784 (Jan. 12,
2017), 82 FR 6664 (January 19, 2017) (SR-NASDAQ-2016-135).
    \8\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule changes would require that ETPs listed by the
Exchange without an Exchange Rule Filing maintain the initial index or
reference asset criteria on a continued basis. For example, in the case
of a domestic equity index, these criteria generally include: (a)
Stocks with 90% of the weight of the index must have a minimum market
value of at least $75 million; (b) stocks with 70% of the weight of the
index must have a minimum monthly trading volume of at least 250,000
shares; (c) the most heavily weighted component cannot exceed 30% of
the index, and the five most heavily weighted stocks cannot exceed 65%;
(d) there must be at least 13 stocks in the index; and (e) all
securities in the index must be listed in the U.S. There are similar
criteria for international indexes, fixed-income indexes and indexes
with a combination of components.
    If an Exchange Rule Filing is made to list a specific ETP, the
proposed rule change would require that the issuer of the security
comply on a continuing basis with any statements or representations
contained in the applicable rule proposal, including: (a) The
description of the portfolio; (b) limitations on portfolio holdings or
reference assets; and (c) the applicability of IEX listing rules
specified in such Exchange Rule Filing.
    As proposed, the Exchange would initiate delisting proceedings for
a product listed under Chapter 16 if any of its continued listing
requirements (including those set forth in an IEX rule and those set
forth in an Exchange Rule Filing) are not continuously maintained.\9\
---------------------------------------------------------------------------

    \9\ Unlike failures to comply with other continued listing
requirements, if there is an interruption to the dissemination of
the reference asset, index, or intraday indicative values for a
listed product, the Exchange would initiate delisting proceedings
under the IEX Rule Series 14.500 only if the interruption persists
past the trading day in which it occurred. See, e.g., proposed
changes to Rules 16.105(a)(9)(B)(i)(d)-(e) and
16.105(b)(9)(B)(i)(d)-(e).
---------------------------------------------------------------------------

    The continued listing rules are also proposed to be amended to
modify ETP compliance with the minimum 50 beneficial holder requirement
for continued listing (the ``ETP Beneficial Holder Rule'').
Specifically, the portion of the ETP Beneficial Holder Rule regarding
when IEX would consider the suspension of trading following the initial
twelve month period beginning upon the commencement of trading will be
amended to delete the ``30 or more consecutive trading days''
requirement. IEX's other shareholder tests in the listing rules do not
prescribe minimum time frames for compliance and the Exchange believes
that more frequent review is not necessary to provide meaningful
assurances of liquidity or trading interest. This modification will
conform the ETP Beneficial Holder Rule to the other shareholder tests
in the listing rules and remove references to a requirement that
necessitates daily monitoring of shareholders.
    The IEX listing rules would also be modified to require that
issuers of securities listed under Chapter 16 must notify the Exchange
regarding instances of non-compliance. In addition, while any listed
ETPs would be subject to the delisting process specified in IEX Rule
Series 14.500, the rules would be clarified to make this explicit.\10\
Specifically, the Exchange proposes to make conforming and technical
changes to Rules 14.500(a), 14.501(a) and (d), Supplementary Material
.01 to Rule 14.501, and 14.505 to specify that the provisions therein
relate to securities

listed under Chapter 16 as well as Chapter 14, and to make several
technical and conforming changes.
---------------------------------------------------------------------------

    \10\ ETPs would also be subject to IEX Rule 11.280, which
governs trading halts.
---------------------------------------------------------------------------

    The Rule Series 14.500 would also be clarified to make explicit
that in cases where IEX Regulation has notified an ETP that it is
deficient under one or more listing standards, the ETP may submit a
plan to regain compliance as set forth under the Exchange's listing
rules. In this regard, consistent with deficiencies from most other
rules that allow issuers to submit a plan to regain compliance,\11\ IEX
proposes to allow issuers of ETPs 45 calendar days to submit such a
plan. IEX staff will review the plan and may grant a limited period of
time for the ETP to regain compliance as permitted under the listing
rules. If IEX staff does not accept the plan, IEX staff would issue a
Delisting Determination, which the company could appeal to the Listings
Review Committee pursuant to Rule 14.502.
---------------------------------------------------------------------------

    \11\ Pursuant to Rule 14.501, a company is provided 45 days to
submit a plan to regain compliance with Rules 14.408((c) (Quorum),
14.411 (Review of Related Party Transactions), 14.412 (Shareholder
Approval), 14.207(c)(3) (Auditor Registration), 14.208(a) (Direct
Registration Program), 14.406 (Code of Conduct), 14.407(a)(4)(E)
(Quorum of Limited Partnerships), 14.407(a)(4)(G) (Related Party
Transactions of Limited Partnerships), 14.413 (Voting Rights), or
14.414 (Internal Audit Function). A company is generally provided 60
days to submit a plan to regain compliance with the requirement to
timely file reports contained in Rule14.207(c)(1) or (2).
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    In addition, proposed amendments to Rule 14.101 would specify that
the Exchange's broad discretionary authority over the initial and
continued listing of securities on the Exchange also applies to
securities listed under Chapter 16 as well as under Chapter 14.
    Additionally, the Exchange proposes to make conforming and
technical changes throughout Chapter 16 to maintain consistency in its
rules. For example, the Exchange proposes to consistently use the
language ``initiate delisting proceedings under the IEX Rule Series
14.500'' when describing the delisting process for a product that fails
to meet continued listing requirements; \12\ consistently state in the
Portfolio Depository Receipts and Index Fund Shares rules that, if the
index that underlies a series of Portfolio Depository Receipts or Index
Fund Shares is maintained by a broker-dealer or fund advisor, the index
shall be calculated by a third party who is not a broker-dealer or fund
advisor; \13\ and consistently reflect that delisting ``following the
initial 12-month period following commencement of trading on IEX only
applies to the record/beneficial holder, number of shares issued and
outstanding, and the market value of shares issued and outstanding
requirements.\14\
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    \12\ See, e.g., proposed changes to Rules 16.105(a)(9)(B)(i) and
16.105(b)(9)(B)(i).
    \13\ See proposed changes to Rules 16.105(a)(4)(B)(i),
16.105(a)(5)(A)(i), 16.105(b)(4)(B)(i), and 16.105(b)(5)(A)(i); see
also Rule 16.105(a)(3)(B)(i) (currently stating that, for certain
Portfolio Depository Receipts, ``[i]f the index is maintained by a
broker-dealer or fund advisor . . . the index shall be calculated by
a third party who is not a broker-dealer or fund advisor'') and
16.105(b)(3)(B)(i) (currently stating that, for certain Index Fund
Shares, ``[i]f the index is maintained by a broker-dealer or fund
advisor . . . the index shall be calculated by a third party who is
not a broker-dealer or fund advisor'').
    \14\ See, e.g., proposed changes to Rule 16.111(d)(6)(B); see
also, e.g., Rule 16.111(h)(4)(B)(i) (currently applying the 12-month
threshold only to the record/beneficial holder, number of units
issued and outstanding, and market value of units issued and
outstanding requirements for Partnership Units).
---------------------------------------------------------------------------

    Further, references in the Chapter 16 continued listing standards
that state that if the requirements set forth in that particular
section are not continuously maintained constitute a reason for IEX to
consider the suspension of trading, covers only listing criteria that
are explicitly considered continued listing standards for that rule.
    Finally, the Exchange is proposing to revise certain of the initial
and continued listing standards applicable to Linked Securities and
Index-Linked Exchangeable Notes in Rules 16.110 and 16.111 respectively
to conform to provisions in comparable Nasdaq rules.
    Specifically, the Exchange proposes to amend paragraph (e) of Rule
16.110 (Securities Linked to the Performance of Indexes and Commodities
(Including Currencies)), which allows the listing of Linked Securities.
In addition to providing that the relevant provisions are considered
continued as well as initial listing standards (as discussed above
generally) the proposed rule change will modify the specific provisions
of Rule 16.110(e) to reflect a substantially identical change
previously made by Nasdaq to Nasdaq Rule 5710(e).\15\ Rule 16.110
states that for the listing of a Linked Security, the issuer will be
expected to have a minimum tangible net worth in excess of $250 million
and income from continuing operations before income taxes of at least
$1,200,000 in the most recently completed fiscal year or in two of the
three most recently completed fiscal years. As proposed, the income
from continuing operations requirement would be deleted, and a
parenthetical will be added following the existing minimum tangible net
worth requirement to state that if the Linked Securities are fully and
unconditionally guaranteed by an affiliate of the Company, IEX will
rely on such affiliate's tangible net worth for purposes of this
requirement. In addition, the Exchange proposes to add the following
provisions that are substantively identical to provisions in Nasdaq
Rule 5710(e). First, with respect to the alternative listing
requirement, the original issue price of the Linked Securities,
combined with all of the company's other Linked Securities listed on a
national securities exchange or otherwise publicly traded in the United
States, must not be greater than 25 percent of the company's tangible
net worth at the time of issuance. Second, a parenthetical will be
added following this provision to state that if the Linked Securities
are fully and unconditionally guaranteed by an affiliate of the
Company, IEX will apply the provisions of this paragraph to such
affiliate instead of the Company and will include in its calculation
all Linked Securities that are fully and unconditionally guaranteed by
such affiliate. Third, as with the Nasdaq provision, a sentence at the
end of this listing standard will state that Government issuers and
supranational entities will be evaluated on a case-by-case basis.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 80348 (March 30,
2017), 82 FR 16651 (April 5, 2017 (SR-NASDAQ-2017-032).
---------------------------------------------------------------------------

    With respect to Rule 16.111(a)(3) relating to the initial and
continued listing standards applicable to Index-Linked Exchangeable
Notes, the Exchange proposes to amend the rule to conform to current
provisions of Nasdaq Rule 5711(a)(iii), as well as to provide that the
relevant provisions are considered continued as well as initial listing
standards (as discussed above generally). Currently, Rule 16.111(a)(3)
provides for two alternative listing standards for Index-Linked
Exchangeable Notes. Each alternative includes a requirement that the
issuer of the Index-Linked Exchangeable Notes have annual income from
continuing operations before income taxes of at least $1,200,000 in the
most recently completed fiscal year or in two of the three most
recently completed fiscal years. The Exchange proposes to replace each
such requirement with a requirement that the issuer of the Index-Linked
Exchangeable Notes have income from continuing operations before income
taxes substantially exceeding $1,000,000 in the most recently completed
fiscal year or in two of the three most recently completed fiscal
years. As proposed, this provision is substantially identical to

corresponding provisions in Nasdaq Rule 5711(a)(iii).\16\
---------------------------------------------------------------------------

    \16\ In relevant part, Nasdaq Rule 5711(a)(iii) provides that
the issuer will be expected to ``substantially exceed the earnings
requirements set forth in Nasdaq Rule 5405(b), which requires
``[a]nnual income from continuing operations before income taxes of
at least $1,000,000 in the most recently completed fiscal year or in
two of the three most recently completed fiscal years.''
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with
Section 6(b) \17\ of the Act in general, and furthers the objectives of
Section 6(b)(5) of the Act,\18\ 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 facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange notes that the
changes proposed herein are substantially similar to Nasdaq rule
changes approved by the Commission or that have become effective. IEX's
listing rules for ETPs are also substantially similar to Nasdaq's
listing rules for ETPs. Accordingly, the Exchange does not believe that
the proposed rule change raises any new or novel issues and is
consistent with the requirements of Section 6(b)(5) of the Act.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule changes
accomplish these objectives by enhancing the current continued listing
standards, as well as by clarifying that most initial listing
standards, as well as certain representations included in Exchange Rule
Filings to list an ETP, would be considered continued listing
standards. In approving comparable Nasdaq changes to its continued
listing standards for ETPs, the Commission found that the proposal is
consistent with the Act, noting the importance of continued listing
criteria to the maintenance of fair and orderly markets. Specifically,
the Commission stated that the proposal is designed to ensure that
stocks with substantial market capitalization and trading volume
account for a substantial portion of the weight of an index or
portfolio underlying a listed ETP, provide transparency regarding the
components of an index or portfolio underlying a listed ETP, ensure
that there is adequate liquidity in a listed ETP itself, and provide
timely and fair disclosure of useful information that may be necessary
to price the listed ETP. Further, the Commission stated that the Nasdaq
proposal would increase transparency regarding the process Nasdaq will
follow if a listed product fails to meet its continued listing
requirements. The Commission also stated that it does not believe
Nasdaq's proposal raises any unique or novel regulatory issues.\19\ The
Exchange believes that the same considerations support that the
proposed rule change is consistent with the Act.
---------------------------------------------------------------------------

    \19\ See generally, Securities Exchange Act Release No. 79784
(Jan. 12, 2017), 82 FR 6664 (January 19, 2017) (SR-NASDAQ-2016-135).
---------------------------------------------------------------------------

    The continued listing rules will be amended to modify ETP
compliance with the ETP Beneficial Holder Rule regarding when IEX would
consider the suspension of trading following the initial twelve month
period beginning upon commencement of trading by deleting the ``30 or
more consecutive trading days'' requirement. The Exchange believes that
this change serves to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general
to protect investors and the public interest since it will conform the
ETP Beneficial Holder Rule with the other shareholder tests in the
listing rules and the Exchange believes that more frequent review is
not necessary to provide meaningful assurances of liquidity or trading
interest.
    Additionally, IEX listing rules will be modified to require that
issuers of any securities to be listed under Chapter 16 must notify the
Exchange regarding instances of non-compliance and to clarify that
deficiencies will be subject to potential trade halts and the delisting
process in the IEX Rule Series 14.500. The Exchange believes that these
amendments will enhance IEX listing rules, thereby serving to improve
the national market system and protect investors and the public
interest.
    Further, IEX listing rules will be amended to clarify the
applicability of the Exchange's broad discretionary authority over the
initial and continued listing of securities on the Exchange to
securities listed under Chapter 16 as well as under Chapter 14. The
Exchange believes that these amendments will enhance IEX listing rules
by clarifying the Exchange authority to make listing decisions
consistent with the protection of investors and the public interest.
    In addition, the Exchange believes that the conforming, technical
and housekeeping changes are designed to further the goals of the
listing standards by providing clarity and consistency in the
Exchange's rules.
    Finally, the Exchange believes that the changes to Rules 16.110 and
16.111 to conform to substantially identical Nasdaq rules are
consistent with the protection of investors and the public interest
since the applicable listing standards as revised will continue to
provide a strong indication of the issuer's ability to make necessary
payments on Linked Securities and Index-Linked Exchangeable Notes.
Moreover, the conforming changes are substantially identical to Nasdaq
rules that were approved by the Commission or that have become
effective and therefore the Exchange does not believe that the proposed
changes raise any new or novel issues not previously considered by the
Commission.
    For these reasons, IEX believes that the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.

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

    IEX 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 proposed rule change is
based on substantially identical Nasdaq rules and is comparable to NYSE
Arca rules, in each case based on DTM Staff guidance. Consequently, the
Exchange believes the proposed rule changes will have no negative
effect on competition.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \20\ and Rule 19b-
4(f)(6) thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.

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

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2017-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2017-14. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-IEX-2017-14 and should be
submitted on or before July 7, 2017.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12456 Filed 6-15-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Notices]
[Page 46089]
[FR Doc No: 2012-18860]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13305-004]

Whitestone Power and Communications; Notice of Availability of
Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for license for the
Whitestone Poncelet River-in-Stream Energy Conversion Project, located
on the Tanana River near the town of Delta Junction, in Alaska, and has
prepared an Environmental Assessment (EA) for the project. The project
would not be located on federal lands.
    The EA contains the staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice. Comments may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed.
    To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT: Dianne Rodman at<PHONE_NUMBER>.

    Dated: July 27, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-18860 Filed 8-1-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]
[Page 386-390]
[DOCID:fr05ja10-80]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0667]
[FDA 225-09-007]

Memorandum of Understanding Between the United States Department
of Health and Human Services, Food and Drug Administration, Center for
Drug Evaluation and Research and Northeastern University

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is providing notice of
a Memorandum of Understanding (MOU) between FDA and Northeastern
University. The purpose of the MOU is to form a collaborative
relationship between FDA and Northeastern University; provide
opportunities for exchanging of graduate and undergraduate students,
faculty, and personnel and for advanced training and outreach;
stimulate cooperative research, and information exchange in biological
product characterization and regulation with Northeastern University's
Barnett Institute of Chemical and Biological Analysis; and develop
training programs for FDA and potentially other Government agencies and
Industry in the broad areas of biotechnology and analytical chemistry.

DATES: The agreement became effective November 19, 2009.

FOR FURTHER INFORMATION CONTACT: Keith O. Webber, Office of
Pharmaceutical Science, Center for Drug Evaluation and Research, Food
and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD
20903,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 20.108(c), which
states that all written agreements and MOUs between FDA and others
shall be published in the Federal Register, the agency is publishing
notice of this MOU.

    Dated: December 17, 2009.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
BILLING CODE 4160-01-S

[GRAPHIC] [TIFF OMITTED] TN05JA10.000

[GRAPHIC] [TIFF OMITTED] TN05JA10.001

[GRAPHIC] [TIFF OMITTED] TN05JA10.002

[GRAPHIC] [TIFF OMITTED] TN05JA10.003

[FR Doc. E9-31195 Filed 1-4-10; 8:45 am]

BILLING CODE 4160-01-C


[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]
[Page 702]
[DOCID:fr07ja09-32]

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

Federal Energy Regulatory Commission

[P-349-158; P-2407-126]

Alabama Power Company; Notice of Application for Temporary
Amendment of License and Soliciting Comments, Motions To Intervene, and
Protests

December 30, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Request for drought-based temporary
variance of the Martin Project rule curve and minimum flow releases at
the Yates and Thurlow Project.
    b. Project Nos.: 349-158 and 2407-126.
    c. Date Filed: December 29, 2008.
    d. Applicant: Alabama Power Company.
    e. Name of Projects: Martin Hydroelectric Project (P-349) and Yates
and Thurlow Hydroelectric Project (P-2407).
    f. Location: The Martin Dam Project is located on the Tallapoosa
River in the counties of Coosa, Elmore and Tallapoosa, Alabama. The
Yates and Thurlow Project is located on the Tallapoosa River in the
counties of Tallapoosa and Elmore Counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jim Crew, Alabama Power Company, P.O. Box
2641, Birmingham, Alabama 35291, Tel:<PHONE_NUMBER>.
    i. FERC Contact: Ms. Rachel Price,<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protests:
January 30, 2009.
    Please include the project numbers (P-349-158 and P-2407-126) on
any comments or motions filed. All documents 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, 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. In lieu of electronic filing, an original and eight
copies of all documents may be mailed to the Secretary at the address
above.
    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 whose name appears on 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. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Alabama Power is requesting a drought-
based temporary variance to the Martin Project rule curve. The rule
curve variance would be in effect from the date of Commission approval
to May 1, 2009, and would include: (1) Maintaining a winter pool
elevation 3 feet higher than normal, at elevation 483 feet instead of
elevation 480 feet; (2) maintaining the winter pool elevation earlier
than normal, upon Commission approval; (3) initiating the filling
process earlier than normal, beginning January 15th instead of February
17th; and (4) reaching and maintaining summer pool elevation earlier
than normal, beginning April 1st rather than April 29th. In association
with the Martin rule curve variance, the minimum flows from the Thurlow
reservoir (P-2407) would be temporarily modified as follows until May
1, 2009: (1) Discharge would be no less than 350 cubic feet per second
(cfs) until the Martin Reservoir elevation reaches the existing rule
curve; (2) when the reservoir elevation is at or above the existing
rule curve but below the temporary rule curve, Alabama Power would
discharge the greater of 350 cfs or inflow at the upstream Heflin gage;
and (3) when Martin Reservoir elevation is at or above the temporary
rule curve, Alabama Power would discharge no less than 1,200 cfs from
Thurlow.
    l. Location of the Application: The filing is available for
inspection and reproduction at the Commission's 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://ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. You may also register online at
http://www.ferc.gov/docsfiling/esubscription.asp to be notified vial e-
mail or new filings and issuances related to this or other pending
projects. For assistance, call 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. 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,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Any filing must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. 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.
    q. 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.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-31436 Filed 1-6-09; 8:45 am]

BILLING CODE 6717-01-P