[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47816-47817]
[FR Doc No: 2022-16685]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Dispose 9.97 Acres of
Airport Land at Manchester-Boston Regional Airport, Manchester, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comments.

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SUMMARY: Notice is being given that the FAA is considering a request
from the City of Manchester to dispose of 9.97 acres of land at
Manchester-Boston Regional Airport, Manchester, NH. The disposal of the
5 parcels corrects a 100-year lease that produced no revenue stream for
the properties over the term of the lease. The 5 parcels are not
required for existing or future aviation development and are currently
developed as non-aeronautical uses. As such, the disposal will not
affect the airport's future development needs. The land disposal
proceeds will be deposited in the airport's operation and maintenance
account.

DATES: Comments must be received on or before September 6, 2022.

ADDRESSES: You may send comments using any of the following methods:

     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts
01803. Telephone:<PHONE_NUMBER>.
    Authority: 49 United States Code 47107(h)(2).

    Issued in Burlington, Massachusetts on August 1, 2022.
Julie Seltsam-Wilps,
Deputy Director, ANE-600.
[FR Doc. 2022-16685 Filed 8-3-22; 8:45 am]
BILLING CODE 4910-13-P


Good Neighbor Environmental Board

The US Grant Hotel

326 Broadway

San Diego, California  92101

619/232-3121

AGENDA

Thursday, June 16

8:00 a.m.		Registration

8:30-9:00		Welcome and Introductions

Mark Joyce

Associate Director and Acting Designated Federal Officer

Office of Federal Advisory Committee Management and Outreach

Cynthia Jones-Jackson

Acting Director

Office of Federal Advisory Committee Management and Outreach

Diane Austin

Acting Chair

Good Neighbor Environmental Board

9:00-10:30	Environmental Impacts of Renewable Energy Development in the

US-Mexico Border Region

Donna Tisdale

Secretary

Protect our Communities Foundation

Pablo Gutierrez

Geothermal Program Technical Lead

California Energy Commission

Bill Powers

Powers Engineering

10:30-10:45	Break

10:45-12:15	Economic Benefits of Renewable Energy Development in the US-Mexico Border Region

Lisa Bicker

President and CEO

Clean TECH San Diego

Kathy MacDougall

Director of Human Resources

Independent Energy Solutions, Inc.

Nicole Capretz

Director

Green Energy/Green Jobs Campaign

Environmental Health Coalition

12:15-12:45		Public Comments

12:45-2:00		Lunch

2:00-3:00	Policy Issues Associated with the Development of Renewable Energy in the US-Mexico Border Region

Andrew McAllister

Director of Policy and Strategy

California Center for Sustainable Energy

Andy Horne

Deputy County Executive Officer

Natural Resources Development

3:00-3:15		Break

3:15-4:00		Update on Cross-Border Electricity Task Force and Other Issues

Georgina Scarlata

Border Affairs Officer

U.S. Department of State

Christopher Lawrence

Electricity Industry Specialist

U.S. Department of Energy

Rick Van Schoik, Director

North American Center for Transborder Studies

Arizona State University

4:00-6:00		Discussion of 14th Report

6:00			Adjourn

Meeting Day 2

Friday, June 17

8:30-9:30		Discussion of Next Meetings and Other Business

Las Cruces, NM – September

Washington, DC - December

9:30-11:00 		Discussion of 14th Report

11:00-11:15		Break

11:15-1:30		Discussion of 14th Report

1:30-2:00		Public Comments

2:00			Adjourn


[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16825-16826]
[FR Doc No: 2017-06839]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER10-2507-011.
    Applicants: Westar Energy, Inc.
    Description: Notice of Non-Material Change in Status of Westar
Energy, Inc.
    Filed Date: 3/29/17.
    Accession Number: 20170329-5285.
    Comments Due: 5 p.m. ET 4/19/17.

    Docket Numbers: ER17-1335-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Two Party Interconnection
Agreement with Nautilus Hydro for Dwight Hydro to be effective 3/29/
2017.
    Filed Date: 3/29/17.
    Accession Number: 20170329-5236.
    Comments Due: 5 p.m. ET 4/19/17.

    Docket Numbers: ER17-1336-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Two Party Interconnection
Agreement with Nautilus Hydro for Gardners Falls to be effective 3/29/
2017.
    Filed Date: 3/29/17.
    Accession Number: 20170329-5245.
    Comments Due: 5 p.m. ET 4/19/17.

    Docket Numbers: ER17-1337-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2017-03-27 Extension of PIRP
Protective Measures Amendment to be effective 5/1/2017.
    Filed Date: 3/29/17.
    Accession Number: 20170329-5249.
    Comments Due: 5 p.m. ET 4/19/17.

    Docket Numbers: ER17-1338-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Two Party Interconnection
Agreement with Nautilus Hydro for Indian Orchard to be effective 3/29/
2017.
    Filed Date: 3/29/17.
    Accession Number: 20170329-5255.
    Comments Due: 5 p.m. ET 4/19/17.

    Docket Numbers: ER17-1339-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Two Party Interconnection
Agreement with Nautilus Hydro for Putts Bridge to be effective 3/29/
2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5000.
    Comments Due: 5 p.m. ET 4/20/17.

    Docket Numbers: ER17-1340-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Two Party Interconnection
Agreement with Nautilus Hydro for Red Bridge to be effective 3/29/2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5001.
    Comments Due: 5 p.m. ET 4/20/17.

    Docket Numbers: ER17-1341-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3313 WAPA & Grand Electric
Coop Interconnection Agreement to be effective 3/1/2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5005.
    Comments Due: 5 p.m. ET 4/20/17.

    Docket Numbers: ER17-1342-000.
    Applicants: Duke Energy Florida, LLC
    Description: Sec.  205(d) Rate Filing: Joint OATT Real Power Loss
(DEF) 2017 to be effective 5/1/2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5036.
    Comments Due: 5 p.m. ET 4/20/17.

    Docket Numbers: ER17-1343-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-03-30_SA 1136 NSP-GM
GIA (G171 G242 G239 J554) to be effective 3/16/2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5091.
    Comments Due: 5 p.m. ET 4/20/17.

    Docket Numbers: ER17-1344-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: OATT Attach T--Form of Svc
Agrmt for BAAS to be effective 5/30/2017.
    Filed Date: 3/30/17.
    Accession Number: 20170330-5095.
    Comments Due: 5 p.m. ET 4/20/17.

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

    Dated: March 30, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-06839 Filed 4-5-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16168-16170]
[FR Doc No: 2016-06777]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-5-000]

Commission Information Collection Activities (FERC-714 and FERC-
730); Comment Request

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collections FERC-714 (Annual Electric Balancing Authority Area and
Planning Area Report) and FERC-730 (Report of Transmission Investment
Activity) to the Office of Management and Budget (OMB) for review of
the information collection requirements. Any interested person may file
comments directly with OMB and should address a copy of those comments
to the Commission as explained below. The Commission previously issued
a Notice in the Federal Register (80 FR 80355, 12/24/2015) requesting
public comments. The Commission received no comments on the FERC-714 or
FERC-730 and is making this notation in its submittal to OMB.

DATES: Comments on the collections of information are due by April 25,
2016.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0140 (FERC-714) and 1902-0239 (FERC-730) should be sent via email
to the Office of Information and Regulatory Affairs:
<EMAIL_ADDRESS>Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk Officer may also be reached via
telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC16-5-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.

    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection
requirements for all collections described below with no changes to the
current reporting requirements. Please note that each collection is
distinct from the next.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collections of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collections; and (4) ways to
minimize the burden of the collections of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

FERC-714 [Annual Electric Balancing Authority Area and Planning Area
Report] \1\
---------------------------------------------------------------------------

    \1\ The renewal request in this IC docket is for the current
FERC-714, with no change to the reporting requirements. The FERC-714
is also part of the Forms Refresh effort (started in Docket No.
AD15-11), which is a separate activity.
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    OMB Control No.: 1902-0140.
    Abstract: The Commission uses the FERC-714 data to analyze power
system operations. These analyses estimate the effect of changes in
power system operations resulting from the installation of a new
generating unit or plant, transmission facilities, energy transfers
between systems, and/or new points of interconnections. The FERC-714
data assists in providing a broad picture of interconnected balancing
authority area operations including comprehensive information of
balancing authority area generation, actual and scheduled inter-
balancing authority area power transfers, and net energy for load,
summer and winter generation peaks and system lambda. The Commission
also uses the data to prepare status reports on the electric utility
industry including a review of inter-balancing authority area bulk
power trade information.
    The Commission uses the collected data from planning areas to
monitor forecasted demands by electric utilities with fundamental
demand responsibilities and to develop hourly demand characteristics.
    Type of Respondent: Electric utility balancing authorities and
planning areas in the United States.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden and cost\2\ (rounded) for the information
collection as follows:
---------------------------------------------------------------------------

    \2\ The hourly cost (wages plus benefits), is based on the
Bureau of Labor Statistics May 2014 National Industry-Specific
Occupational Employment and Wage Estimates (at http://www.bls.gov/oes/current/naics2_22.htm). The average hourly cost (wages plus
benefits) of $68.66/hour is the average of the following:
     Management (Code 11-0000), $78.04/hr.
     Computer and mathematical (Code 15-0000), $58.25/hr.
     Electrical Engineers (Code 17-2071), $66.45/hr.
     Economist (Code 19-3011), $73.04/hr.
     Computer and Information Systems Managers (Code 11-
3021), $94.55/hr.
     Accountants and Auditors (Code 13-2011), $51.11/hr.
     Transportation, Storage, and Distribution Managers
(Code 11-3071), $73.65/hr.
     Power Distributors and Dispatchers (Code 51-8012),
$54.16/hr.

                  FERC-714 (Annual Electric Balancing Authority Area and Planning Area Report)
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                  Annual number    Total number   Average burden  burden hours &     Cost per
     Number of respondents         of responses    of responses     &  cost per    total annual   respondent ($)
                                  per respondent                   response \3\        cost
(1)                                          (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                             (3)                             (5)
----------------------------------------------------------------------------------------------------------------
177............................                1             177              87          15,399          $5,973
                                                                          $5,973      $1,057,295
----------------------------------------------------------------------------------------------------------------

FERC-730 [Report of Transmission Investment Activity]

    OMB Control No.: 1902-0239.
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    \3\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $72.00 per
Hour = Average Cost per Response. The hourly cost figure comes from
the FERC average salary plus benefits ($149,489/year). Commission
staff believes the FERC average salary plus benefits to be
representative wage (plus benefits) for industry respondents.
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    Abstract: Pursuant to Section 219 \4\ of the Federal Power Act, the
Commission issued FERC Order No. 679,\5\ Promoting Transmission
Investment Through Pricing Reform. In Order No. 679 FERC amended its
regulations in 18 CFR 35.35 to establish incentive-based (including
performance-based) rate treatments for the transmission of electric
energy in interstate commerce by public utilities. The Commission
intended the order to benefit consumers by ensuring reliability and to
reduce the cost of delivered power by reducing transmission congestion.
Order No. 679 also adopted an annual reporting requirement (FERC-730)
for utilities that receive incentive rate treatment for specific
transmission projects. The FERC-730 provides annual data on
transmission capital expenditures as well as project status detail. The
Commission requires that filers specify which projects are currently
receiving incentives in the project detail table and that they group
together those facilities receiving the same incentive. Specifically,
in accordance with the statute, public utilities with incentive rates
must file:
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    \4\ Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594,
315 and 1283 (2005).
    \5\ RM06-4-000 (issued 7/20/2006), published at 71 FR 43294.
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     Actual transmission investment for the most recent
calendar year, and projected, incremental investments for the next five
calendar years (in dollar terms); and
     a project by project listing that specifies for each
project the most up to date, expected completion date, percentage
completion as of the date of filing, and reasons for delays for all
current and projected investments over the next five calendar years.
Projects with projected costs less than $20 million are excluded from
this listing.
    To ensure that Commission rules are successfully meeting the
objectives of Section 219, the Commission collects

industry data, projections and related information that detail the
level of investment. FERC-730 information regarding projected
investments as well as information about completed projects allows the
Commission to monitor the success of the transmission pricing reforms
and to determine the status of critical projects and reasons for delay.
    Type of Respondent: Public utilities that have been granted
incentives based rate treatment for specific transmission projects
under the provisions of 18 CFR 35.35(h) must file the FERC-730.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:

                              FERC-730 (Report of Transmission Investment Activity)
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                  Annual number    Total number   Average burden  burden hours &     Cost per
     Number of respondents         of responses    of responses     & cost per     total annual   respondent ($)
                                  per respondent                   response \3\        cost
(1)                                          (2)     (1) * (2) =             (4)     (3) * (4) =       (5) / (1)
                                                             (3)                             (5)
----------------------------------------------------------------------------------------------------------------
63.............................                1              63              30           1,890          $2,160
                                                                          $2,160        $136,080
----------------------------------------------------------------------------------------------------------------

    Dated: March 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-06777 Filed 3-24-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Rules and Regulations]
[Pages 46828-46832]
[FR Doc No: 2016-16968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 108

[Docket No. FDA-2015-N-2819]

Emergency Permit Control Regulations; Technical Amendments

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendments.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending
certain regulations pertaining to registration and process filings
related to acidified foods and thermally processed low-acid foods
packaged in hermetically sealed containers (historically referred to as
``low-acid canned foods'' or ``LACF''). The amendments reflect new FDA
process filing form numbers, make changes to addresses or locations
where such forms can be found or must be sent, remove obsolete
references to the effective dates that occurred years ago, and update a
reference to another Federal Agency.

DATES: This rule is effective August 18, 2016. See section VI for
further information on the filing of objections. Submit either
electronic or written objections and requests for a hearing by August
18, 2016.

ADDRESSES: You may submit objections and requests for a hearing as
follows:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the

instructions for submitting comments. Objections submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on http://www.regulations.gov.
     If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper objections submitted to the Division of
Dockets Management, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2015-N-2819 for ``Emergency Permit Control Regulations; Technical
Amendments.'' Received objections will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an objection with
confidential information that you do not wish to be made publicly
available, submit your objections only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Susan Brecher, Center for Food Safety
and Applied Nutrition (HFS-302), Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Among other things, our current regulations at part 108 (21 CFR
part 108) provide that a commercial processor, when first engaging in
the manufacture, processing, or packing of acidified foods or low-acid
canned foods, must, not later than 10 days after first so engaging,
register and file with FDA information including the name of the
establishment, principal place of business, the location of each
establishment in which that processing is carried on, the processing
method, and a list of foods so processed in each establishment
(Sec. Sec.  108.25(c)(1) and 108.35(c)(1) (21 CFR 108.25(c)(1) and
108.35(c)(1))). In addition, our regulations require the submission of
process filing forms. Specifically, our regulations require that
commercial processors engaged in the processing of acidified foods
must, not later than 60 days after registration, and before packing any
new product, provide FDA with information on the scheduled processes
for each acidified food in each container size (Sec.  108.25(c)(2)). An
analogous requirement for process filing applies to commercial
processors of low-acid canned foods (Sec.  108.35(c)(2)). The
regulations specify the specific process filing forms to be used (Forms
FDA 2541a and 2541c), and also state where the forms can be obtained
and where the forms should be sent.
    We recently engaged in an effort to modernize our forms and to
provide a means for submitting the forms using electronic ``smart
form'' technology. This effort involved the drafting of four new
process filing forms: Forms FDA 2541d, FDA 2541e, FDA 2541f, and FDA
2541g. (For more information about the new process filing forms, see
``Guidance for Industry: Submitting Form FDA 2541 (Food Canning
Establishment Registration) and Forms FDA 2541d, FDA 2541e, FDA 2541f,
and FDA 2541g (Food Process Filing Forms) to FDA in Electronic or Paper
Format,'' available at http://www.fda.gov/FoodGuidances.) We announced
that drafts of the new forms were available for public comment in a
notice published in the Federal Register of January 14, 2014 (79 FR
2448). After considering public comment, we modified the content of the
forms where appropriate and announced the availability of the finalized
new process filing forms in a notice published in the Federal Register
of October 8, 2015 (80 FR 60909).

II. Legal Authority

    We are issuing this final rule under the Federal Food, Drug, and
Cosmetic Act (the FD&C Act). Section 404(a) of the FD&C Act (21 U.S.C.
344(a)) provides that whenever the Secretary of Health and Human
Services (the Secretary) finds after investigation that the
distribution in interstate commerce of any class of food may, by reason
of contamination with micro-organisms during the manufacture,
processing, or packing thereof in any locality, be injurious to health,
and that such injurious nature cannot be adequately determined after
such articles have entered interstate commerce, the Secretary then
shall issue regulations providing for the issuance, to manufacturers,
processors, or packers of such class of food in such locality, of
permits to which shall be attached such conditions governing the
manufacture, processing, or packing of such class of food, for such
temporary period of time, as may be necessary to protect the public
health. Under section 404 of the FD&C Act, our regulations in part 108
have long required registration of food processing establishments,
filing of process information, and maintenance

of processing and production records for acidified foods and low-acid
canned foods. Under section 701(e) of the FD&C Act (21 U.S.C. 371(e)),
any action for the issuance, amendment, or repeal of any regulation
under section 404(a) of the FD&C Act shall be begun by a proposal made
either by the Secretary on his own initiative or by petition of any
interested persons, showing reasonable grounds therefor, filed with the
Secretary. The Secretary shall publish such proposal and shall afford
all interested persons an opportunity to present their views thereon,
orally or in writing. As soon as practicable thereafter, the Secretary
shall by order act upon the proposal and make such order public. Except
as provided in section 701(e)(2) of the FD&C Act, the order shall
become effective at such time as may be specified therein, but not
before the day following the last day on which objections may be filed
under section 701(e)(2) of the FD&C Act.

III. The Proposed Rule

    The new process filing forms described in section I will make it
easier for firms to submit information to us and will improve the
accuracy of the information submitted in the forms. In conjunction with
these changes in the forms, in the Federal Register of September 22,
2015 (80 FR 57137), we proposed to make technical amendments to Sec.
108.25, ``Acidified Foods,'' and Sec.  108.35, ``Thermal Processing of
Low-Acid Foods Packaged in Hermetically Sealed Containers.''
Specifically, we proposed to incorporate the new FDA form numbers. By
incorporating the new FDA form numbers into part 108, the proposed rule
would cause the new forms to fully replace the forms currently listed
in part 108.
    In addition, we proposed to make changes to the addresses or
locations where forms can be found or must be sent. Finally, we
proposed to remove obsolete references to dates that occurred years ago
and update the name of the Agency of the U.S. Department of Agriculture
that administers the meat and poultry inspection programs under the
Federal Meat Inspection Act and the Poultry Products Inspection Act.

IV. Public Comments

    We received one comment on the proposed rule. This comment alerted
us to the omission of the word ``and'' in the name of the Federal
Agency that administers the meat and poultry inspection programs under
the Federal Meat Inspection Act and the Poultry Products Inspection
Act. The name of that Federal Agency is the ``Food Safety and
Inspection Service,'' not the ``Food Safety Inspection Service,'' and
we have revised the rule accordingly.

V. Description of the Final Rule

    The final rule makes those technical amendments to Sec.  108.25,
``Acidified Foods,'' and Sec.  108.35, ``Thermal Processing of Low-Acid
Foods Packaged in Hermetically Sealed Containers'' that we described in
the proposed rule and summarized in section I of this document, with
the correction noted in section IV of this document. See the amended
regulatory text of Sec. Sec.  108.25(c)(1) and (2) and 108.35(c)(1) and
(2) and (i). The final rule will cause the new process filing forms to
fully replace the forms currently listed in part 108 (i.e. Forms FDA
2541a and FDA 2541c).

VI. Objections

    This rule is effective as shown in the DATES section, except as to
any provisions that may be stayed by the filing of proper objections.
If you will be adversely affected by one or more provisions of this
regulation, you may file with the Division of Dockets Management (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) to which you object, and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov. We will publish notice of the objections that we
have received or lack thereof in the Federal Register.

VII. Economic Analysis of Impacts

    We are publishing this final rule under the formal rulemaking
process. Executive Order 12866 does not require us to analyze the costs
and benefits of final rules that we publish under this rulemaking
process.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. The final rule amends Sec. Sec.  108.25 and 108.35
to delete obsolete references to long-expired effective dates, make
changes to FDA addresses or locations, and reflect new process filing
forms. With regard to the new process filing forms, we are replacing
references to Forms FDA 2541a and FDA 2541c with references to four new
process filing forms: Forms FDA 2541d, FDA 2541e, FDA 2541f, and FDA
2541g. Some of the data entry fields on the four new process filing
forms are not on current Forms FDA 2541a and FDA 2541c. The new forms
add certain data entry fields to improve the efficiency of our review
of the process filings. For example, the new forms include data entry
fields for the ``food product group'' (such as liquid, ready-to-eat
``breakfast foods''). In addition, the new forms provide for ``smart
form'' technology using an electronic submission system. The updated
process filing portion of the electronic submission system queries the
processor about the processes used to produce the food and presents
only those data entry fields that are applicable. As a result,
processors will no longer need to evaluate whether particular data
entry fields are applicable to their products. For example, when a
processor submits a process filing for a product that is processed
using a low-acid retorted method with a process mode of ``agitating,''
smart form technology would bypass questions that are not applicable to
this process mode option. We estimate that the additional time it would
take processors to complete the new information requested on the new
forms would be offset by the time processors will save by not having to
evaluate whether certain data entry fields on Form FDA 2541a or FDA
2541c are applicable to their products. Hence, we certify that the rule
will not have a significant economic impact on a substantial number of
small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before issuing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold

after adjustment for inflation is $146 million, using the most current
(2015) Implicit Price Deflator for the Gross Domestic Product. FDA does
not expect this final rule to result in any 1-year expenditure that
would meet or exceed this amount.

VIII. Analysis of Environmental Impact

    FDA has determined, under 21 CFR 25.30(i), that this final rule is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

IX. Paperwork Reduction Act of 1995

    This final rule contains information collection provisions that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). These
collections of information have been previously approved under OMB
control number 0910-0037, which expires September 30, 2017.

X. Federalism

    We have analyzed this final rule in accordance with the principles
set forth in Executive Order 13132. FDA has determined that the rule
does not contain policies that have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Accordingly, we conclude that the rule
does not contain policies that have federalism implications as defined
in the Executive order and, consequently, a federalism summary impact
statement is not required.

List of Subjects in 21 CFR Part 108

    Administrative practice and procedure, Foods, Reporting and
recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, part 108 is
amended as follows:

PART 108--EMERGENCY PERMIT CONTROL

0
1. The authority citation for part 108 continues to read as follows:

    Authority: 21 U.S.C. 342, 344, 371.

0
2. In Sec.  108.25, revise paragraphs (c)(1) and (2) to read as
follows:

Sec.  108.25  Acidified foods.

* * * * *
    (c)(1) Registration. A commercial processor, when first engaging in
the manufacture, processing, or packing of acidified foods in any
State, as defined in section 201(a)(1) of the act, shall, not later
than 10 days after first so engaging, register and file with the Food
and Drug Administration on Form FDA 2541 (food canning establishment
registration) information including, but not limited to, the name of
the establishment, principal place of business, the location of each
establishment in which that processing is carried on, the processing
method in terms of acidity and pH control, and a list of foods so
processed in each establishment. These forms are available from the
LACF Registration Coordinator (HFS-303), Center for Food Safety and
Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, or at any Food and Drug Administration district
office. The completed form shall be submitted to the Center for Food
Safety and Applied Nutrition (HFS-565), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740. These forms also are available
on the Food and Drug Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. For electronic submission go
to FDA's Industry Systems Web site at www.access.fda.gov. Foreign
processors shall register before any offering of foods for import into
the United States. Commercial processors duly registered under this
section shall notify the Food and Drug Administration not later than 90
days after the commercial processor ceases or discontinues the
manufacture, processing, or packing of the foods in any establishment,
except that this notification shall not be required for temporary
cessations due to the seasonal character of an establishment's
production or by temporary conditions including, but not limited to,
labor disputes, fire, or acts of God.
    (2) Process filing. A commercial processor engaged in the
processing of acidified foods shall, not later than 60 days after
registration, and before packing any new product, provide the Food and
Drug Administration information on the scheduled processes including,
as necessary, conditions for heat processing and control of pH, salt,
sugar, and preservative levels and source and date of the establishment
of the process, for each acidified food in each container size. Filing
of this information does not constitute approval of the information by
the Food and Drug Administration, and information concerning processes
and other data so filed shall be regarded as trade secrets within the
meaning of 21 U.S.C. 331(j) and 18 U.S.C. 1905. This information shall
be submitted on Form FDA 2541e (Food Process Filing for Acidified
Method). Forms are available from the LACF Registration Coordinator
(HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr., College Park, MD 20740, or at any Food
and Drug Administration district office. The completed form shall be
submitted to the LACF Registration Coordinator (HFS-618), Center for
Food Safety and Applied Nutrition, Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740. These forms also are available on
the Food and Drug Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. For electronic submission go to FDA's Industry Systems
Web site at www.access.fda.gov.
* * * * *
0
3. In Sec.  108.35, revise paragraphs (c)(1), (c)(2) introductory text,
(c)(2)(ii), and (i) to read as follows:

Sec.  108.35  Thermal processing of low-acid foods packaged in
hermetically sealed containers.

* * * * *
    (c) * * *
    (1) Registration. A commercial processor when first engaging in the
manufacture, processing, or packing of thermally processed low-acid
foods in hermetically sealed containers in any State, as defined in
section 201(a)(1) of the act, shall, not later than 10 days after first
so engaging, register with the Food and Drug Administration on Form FDA
2541 (food canning establishment registration) information including
(but not limited to) his name, principal place of business, the
location of each establishment in which such processing is carried on,
the processing method in terms of the type of processing equipment
employed, and a list of the low-acid foods so processed in each such
establishment. These forms are available from the LACF Registration
Coordinator (HFS-303), Center for Food Safety and Applied Nutrition,
Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740,
or at any Food and Drug Administration district office. The completed
form shall be submitted to the LACF Registration Coordinator (HFS-618),
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,

College Park, MD 20740. These forms also are available on the Food and
Drug Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/default.htm. For electronic submission go to FDA's Industry Systems Web
site at www.access.fda.gov. Commercial processors duly registered in
accordance with this section shall notify the Food and Drug
Administration not later than 90 days after such commercial processor
ceases or discontinues the manufacture, processing, or packing of
thermally processed foods in any establishment: Provided, that such
notification shall not be required as to the temporary cessation
necessitated by the seasonal character of the particular
establishment's production or caused by temporary conditions including
but not limited to strikes, lockouts, fire, or acts of God.
    (2) Process filing. A commercial processor engaged in the thermal
processing of low-acid foods packaged in hermetically sealed containers
shall, not later than 60 days after registration and prior to the
packing of a new product, provide the Food and Drug Administration
information as to the scheduled processes including but not limited to
the processing method, type of retort or other thermal processing
equipment employed, minimum initial temperatures, times and
temperatures of processing, sterilizing value (Fo), or other equivalent
scientific evidence of process adequacy, critical control factors
affecting heat penetration, and source and date of the establishment of
the process, for each such low-acid food in each container size:
Provided, that the filing of such information does not constitute
approval of the information by the Food and Drug Administration, and
that information concerning processes and other data so filed shall be
regarded as trade secrets within the meaning of 21 U.S.C. 331(j) and 18
U.S.C. 1905. This information shall be submitted on the following forms
as appropriate: Form FDA 2541d (Food Process Filing for Low-Acid
Retorted Method), Form FDA 2541f (Food Process Filing for Water
Activity/Formulation Control Method), or Form FDA 2541g (Food Process
Filing for Low-Acid Aseptic Systems). These forms are available from
the LACF Registration Coordinator (HFS-303), Center for Food Safety and
Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, or at any Food and Drug Administration district
office. The completed form(s) shall be submitted to the LACF
Registration Coordinator (HFS-303), Center for Food Safety and Applied
Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park,
MD 20740. These forms also are available on the Food and Drug
Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/default.htm. For electronic submission, go to FDA's Industry Systems
Web site at www.access.fda.gov.
* * * * *
    (ii) If a packer intentionally makes a change in a previously filed
scheduled process by reducing the initial temperature or retort
temperature, reducing the time of processing, or changing the product
formulation, the container, or any other condition basic to the
adequacy of scheduled process, he shall prior to using such changed
process obtain substantiation by qualified scientific authority as to
its adequacy. Such substantiation may be obtained by telephone,
telegram, or other media, but must be promptly recorded, verified in
writing by the authority, and contained in the packer's files for
review by the Food and Drug Administration. Within 30 days after first
use, the packer shall submit to the LACF Registration Coordinator (HFS-
303), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr., College Park, MD 20740 a complete
description of the modifications made and utilized, together with a
copy of his file record showing prior substantiation by a qualified
scientific authority as to the safety of the changed process. Any
intentional change of a previously filed scheduled process or
modification thereof in which the change consists solely of a higher
initial temperature, a higher retort temperature, or a longer
processing time, shall not be considered a change subject to this
paragraph, but if that modification is thereafter to be regularly
scheduled, the modified process shall be promptly filed as a scheduled
process, accompanied by full information on the specified forms as
provided in this paragraph.
* * * * *
    (i) This section shall not apply to the commercial processing of
any food processed under the continuous inspection of the meat and
poultry inspection program of the Food Safety and Inspection Service of
the Department of Agriculture under the Federal Meat Inspection Act (34
Stat. 1256, as amended by 81 Stat. 584 (21 U.S.C. 601 et seq.)) and the
Poultry Products Inspection Act (71 Stat. 441, as amended by 82 Stat.
791 (21 U.S.C. 451 et seq.)).
* * * * *

    Dated: July 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16968 Filed 7-18-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45511-45512]
[DOCID:fr05au08-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58254; File No. SR-NYSE-2008-58]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Make Permanent a Pilot
Program Under Which the Exchange Excludes From Its Earnings Standard
Gains or Losses From Extinguishment of Debt Prior to Maturity

July 30, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on July 22, 2008, New York Stock Exchange LLC (the
``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule changes as described
in Items I, II, and III below, which items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule changes from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt on a permanent basis an amendment to
the earnings standard of section 102.01C(I) of the Exchange's Listed
Company Manual (the ``Manual'') which is currently in force pursuant to
a pilot program (the ``Pilot Program''). The amendment will enable the
Exchange to adjust the earnings of companies listing in conjunction
with an IPO by reversing the income statement effects for all periods
of changes in fair value of financial instruments classified as a
liability recorded by the company in earnings, provided such financial
instrument is either being redeemed with the proceeds of an offering
occurring in conjunction with the listing or converted into or
exercised for common stock of the company at the time of listing.
    The text of the proposed rule change is available at http://
www.nyse.com, the NYSE, and 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 statements may be examined at
the places specified in Item IV below. The NYSE 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 the earnings standard of section
102.01C(I) of the Manual. The amendment will enable the Exchange to
adjust the earnings of companies for purposes of its pre-tax earnings
standard by excluding gains or losses recognized in connection with the
extinguishment of debt prior to its maturity. The adjustment will
relate only to gains or losses incurred in the three-year period under
examination for purposes of the earnings standard. The proposed
amendment was originally implemented for a six-month period as a Pilot
Program.\3\ The Pilot Program expired and was subsequently renewed for
an additional three months, expiring on September 2, 2008.\4\
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 55974 (July 6, 2007), 72 FR
37067 (June 28, 2007) (SR-NYSE-2007-52). [sic]
    \4\ See Exchange Act Release No. 57903 (June 2, 2008), 73 FR
32610 (June 9, 2008) (SR-NYSE-2008-43).
---------------------------------------------------------------------------

    Prior to the promulgation of Statement of Financial Accounting
Standards No. 145 (``SFAS No. 145'') in 2002, Financial Accounting
Standards Board Statement No. 4 (``FASB No. 4'') required that gains
and losses from the extinguishment of debt prior to its maturity that
were included in the determination of net income be aggregated and, if
material, classified as an extraordinary item, net of related income
tax effect. SFAS No. 145 rescinded FASB No. 4 and, as a result, gains
or losses in connection with the extinguishment of debt prior to its
maturity are now generally included in the calculation of operating
earnings under generally accepted accounting principles (``GAAP''). As
a result, some companies that would not otherwise be qualified to list
may qualify as a result of the inclusion in pre-tax income of gains
from the extinguishment of debt prior to its maturity. In addition,
some prospective listed companies whose operating earnings would have
met the requirements of the Exchange's pre-tax earnings test prior to
2002 are now not qualified to list as they are required to include
losses from the extinguishment of debt prior to its maturity in pre-tax
income. In the Exchange's experience, these gains and losses are
primarily noncash in nature. The gains generally represent the
accelerated accrual of original issue discount, while the losses
generally represent the remaining unamortized portion of costs incurred
at the time of initial borrowing.
    The Exchange believes that it is appropriate to return to its pre-
2002 approach of excluding gains and losses from debt extinguishment
from pre-tax earnings as calculated for purposes of its earnings
standard. The purpose of the earnings standard is to determine the
suitability for listing of companies on a

forward-looking basis in light of a sustained demonstration of strong
earnings. As such, the Exchange does not believe that it is relevant to
include in pre-tax earnings gains and losses from the extinguishment of
debt prior to its maturity that are principally nonrecurring in nature.
Additionally, we note that the analyst community also routinely exclude
these gains and losses from their analyses in making recommendations as
to the desirability of investing in companies' publicly-traded equity
securities. The Exchange believes that adjusting company earnings for
gains and losses from the extinguishment of debt prior to its maturity
is consistent with the adjustments that are currently permitted under
Section 102.01C for a number of other nonrecurring charges to earnings
that are included in net income as recorded under GAAP, such as the
exclusion of impairment charges on long-lived assets, the exclusion of
gains and losses on sales of a subsidiary's or investee's stock and the
exclusion of in-process purchased research and development charges. The
Exchange also believes that this adjustment is reasonable given the
purpose of the earnings standard, which is to determine the suitability
for listing of companies on a forward-looking basis.
    As with all companies listed on the Exchange, the Financial
Compliance staff of NYSE Regulation, Inc. will monitor on an ongoing
basis the compliance with the Exchange's continued listing standards of
any companies listed in reliance upon the proposed amendment. Such
companies will be subject to delisting if they are found at any time to
be below the Exchange's continued listing standards.
    As the Exchange gains experience in listing companies in reliance
upon the proposed amendment, we will continue to carefully reevaluate
its appropriateness. If we become aware that companies listed pursuant
to the proposed amendment have difficulty complying with our continued
listing standards, we will inform the Commission and discuss with the
Commission the desirability of the continued use of the provision.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) \5\ of the Exchange Act, in general, and furthers the
objectives of section 6(b)(5) of the Exchange Act,\6\ in particular, in
that it is designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Exchange believes that the proposed amendment is
consistent with the investor protection objectives of the Exchange Act
in that it provides for an adjustment to listing applicants' historical
financial results that is consistent with other adjustments already
permitted under the Exchange's earnings standard and is reasonable
given the purpose of the earnings standard, which is to determine the
suitability for listing of companies on a forward-looking basis.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-58. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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-NYSE-2008-58 and should be
submitted on or before August 26, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17892 Filed 8-4-08; 8:45 am]

BILLING CODE 8010-01-P