[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Page 44384]
[FR Doc No: 2022-16005]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2428-000]

SR McKellar Lessee, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
SR McKellar Lessee, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 9, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16005 Filed 7-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77784-77785]
[FR Doc No: 2013-30716]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0184] [4910-EX-P]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 26 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective December 24, 2013. The exemptions
expire on December 24, 2015.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).

Background

    On October 28, 2013, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 26 individuals and requested
comments from the public (78 FR 64267). The public comment period
closed on November 27, 2013, and one comment was received.
    FMCSA has evaluated the eligibility of the 26 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).

    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 26 applicants have had ITDM over a range of 1 to 37 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 28, 2013, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is
considered and discussed below.
    Ted Whitish is in favor of granting an exemption to Sean T.
McMahon.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 26 exemption applications, FMCSA
exempts Daniel L. Alcaraz (IL), John Baltich (PA), Rodney G. Bell (IA),
John D. Clark, 4th (NJ), Theeir L. Coleman (VA), Michael W. Denney
(KY), Charles G. Garabedian (NH), William I. Harbolt (MT), Ryan L.
Harrier (MI), John D. Heffington (KS), Matthew L. Herscowitz (CA),
Larry W. Hines (NM), Mark G. Kahler (TX), Roger B. Larson (MN), Michael
W. McCrary (GA), Sean T. McMahon (MN), David S. Monroe (KS), Steven M.
Oliver (AZ), John E. Parker (KS), Thomas B. Quirk (CT), Michael R.
Shields (ND), David G. Shultz (PA), Donald A. Spivey (TN), James S.
Tracy (ID), James S. Wolfe (IA), and Jerry D. Zimmerman (ND) from the
ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the 1/exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: December 16, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-30716 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13128-13130]
[FR Doc No: 2023-04270]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-0517]

Blood Products Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Blood Products Advisory
Committee. The general function of the committee is to provide advice
and recommendations to the Agency on FDA's regulatory issues related to
blood and products derived from blood. At least one portion of the
meeting will be closed to the public. FDA is establishing a docket for
public comment on this document.

DATES: The meeting will be held virtually on April 26, 2023, from 9:30
a.m. to 1 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings may be accessed
at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    The online web conference meeting will be available at the
following link on the day of the meeting: https://youtube.com/live/avlyUZDDfCQ?feature=share.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2023-N-0517. Please note that late, untimely
filed comments will not be considered. The docket will close on April
25, 2023. The https://www.regulations.gov electronic filing system will
accept comments until 11:59 p.m. Eastern Time at the end of April 25,
2023. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are received on or
before that date.
    Comments received on or before April 19, 2023, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is canceled, FDA
will continue to evaluate any relevant

applications or information, and consider any comments submitted to the
docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-N-0517 for ``Blood Products Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information 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 the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christina Vert or Marie DeGregorio,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 1244, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>, [email protected], or FDA
Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in
the Washington, DC area). 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 FDA's website at
https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
joining the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On April 26,
2023, the committee will meet in open session to hear an overview of
the research programs in the Division of Hemostasis, Office of Plasma
Protein Therapeutics Chemistry, Manufacturing, and Controls, Office of
Therapeutic Products, Center for Biologics Evaluation and Research.
After the open session, the meeting will be closed to the public for
committee deliberations.
    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 website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: On April 26, 2023, from 9:30 a.m. to 12:05 p.m. Eastern
Time, the meeting is open to the public. Interested persons may present
data, information, or views, orally or in writing, on issues pending
before the committee. All electronic and written submissions to the
Docket (see ADDRESSES) on or before April 19, 2023, will be provided to
the committee. Oral presentations from the public will be scheduled
between approximately 11:05 a.m. and 12:05 p.m. Eastern Time. Those
individuals interested in making 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
April 11, 2023. 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 April 12, 2023.
    Closed Committee Deliberations: On April 26, 2023, from 12:05 p.m.
to 1 p.m. Eastern Time, the meeting will be closed to permit discussion
where disclosure would constitute a clearly unwarranted invasion of
personal privacy (5 U.S.C. 552b(c)(6)). The recommendations of the
advisory committee regarding the progress of the individual
investigators' research programs, along with other information, will be
discussed during this session. We believe that public discussion of
these recommendations on individual scientists would constitute an
unwarranted invasion of personal privacy.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Christina Vert or Marie DeGregorio at [email protected] (see
FOR FURTHER INFORMATION CONTACT) at least 7 days in advance of the
meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://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: February 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-04270 Filed 3-1-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39691-39693]
[DOCID:fr10jy08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-5-009]

Empire Pipeline, Inc. and Empire State Pipeline; Notice of Intent
To Prepare an Environmental Assessment for the Amended Empire Connector
Project and Request for Comments on Environmental Issues

July 2, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the amended portion of the Empire
Connector Project involving construction and operation of facilities by
Empire Pipeline, Inc. (EPI) and Empire State Pipeline (Empire), a
subsidiary of National Fuel Gas Company, in Ontario County, New
York.\1\ These amended facilities would consist of about 1 mile of 24-
inch-diameter pipeline. This EA will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
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    \1\ EPI and Empire's application was filed with the Commission
under section 7 of the Natural Gas Act and Part 157 of the
Commission's regulations.
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    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice EPI provided to landowners. This fact sheet addresses a
number of typically asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings. It is
available for viewing on the FERC Internet Web site (http://
www.ferc.gov).

Summary of the Proposed Project

    EPI and Empire's Empire Connector Project (project) which expands
Empire's pipeline system in New York was approved by the FERC on
December 21, 2006, and is a part of the Northeast-07 Project (NE-07
Project) \2\ and is currently under construction. Through its recent
easement negotiations about the crossing of the New York State Thruway
(Thruway) with the New York State Department of Transportation
(NYSDOT), Empire learned that a portion of the approved route between
approximate mileposts (MPs) 4.0 and 4.8 along Crowley Road lies within
the NYSDOT property and is part of the Thruway easement. The NYSDOT's
policy prohibiting lateral occupancy of limited access highways by
utilities (other than communication utilities) applies to this
location. Empire has developed the proposed alternative pipeline route
to avoid construction within the easement. Empire seeks authority to
construct and operate:
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    \2\ The notice of availability for the final supplemental
environmental impact statement for the NE-07 Project was issued
October 13, 2006. It will be incorporated by reference into the EA
for this amendment project.
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     About 1 mile of 24-inch-diameter pipeline between MPs 3.8
and 4.8 of the project.
    The location of the project facilities is shown in Appendix 1.\2\

Land Requirements for Construction

    Construction of the proposed facilities would require about 11.0
acres of land. Following construction, about 5.3 acres would be
maintained within the

permanent right-of-way. The remaining 6.7 acres of land would be
restored and allowed to revert to its former use.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as ``scoping''. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this Notice of Intent, the Commission staff
requests public comments on the scope of the issues to address in the
EA. All comments received are considered during the preparation of the
EA. State and local government representatives are encouraged to notify
their constituents of this proposed action and encourage them to
comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and Soils
     Land Use
     Water Resources, Fisheries, and Wetlands
     Cultural Resources
     Vegetation and Wildlife
     Endangered and Threatened Species
     Hazardous Waste
     Public Safety
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to federal, state, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section beginning on page 3.

Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the proposed facilities and
the environmental information provided by EPI and Empire. This
preliminary list of issues may be changed based on your comments and
our analysis.
     About 0.6 acre and 0.3 acre of agricultural land would be
impacted by construction and operation of the proposed project,
respectively.
     About 1.1 acres of forest would be impacted by
construction of the project, respectively.
     About 1.7 acres and 0.9 acre of residential property would
be affected by construction and operation of the project, respectively.
     About 0.9 acre and 0.6 acre of wetland would be impacted
by construction and operation of the project, respectively.
     One irrigation water supply well would be within 150 feet
of the proposed alternative pipeline alignment.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send in your comments
so that they will be received in Washington, DC, on or before August 1,
2008.
    For your convenience, there are three methods in which you can use
to submit your comments to the Commission. In all instances please
reference the project docket number CP06-5-009 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426; label one copy of the comments for the
attention of Gas Branch 2, PJ11.2.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding, or ``intervenor''. To
become an intervenor you must file a motion to intervene according to
Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR
385.214). Intervenors have the right to seek rehearing of the
Commission's decision. Motions to Intervene should be electronically
submitted using the Commission's eFiling system at http://www.ferc.gov.
Persons without Internet access should send an original and 14 copies
of their motion to the Secretary of the Commission at the address
indicated previously. Persons filing Motions to Intervene on or before
the comment deadline indicated above must send a copy of the motion to
the Applicant. All filings, including late interventions, submitted
after the comment deadline must be served on the Applicant and all
other intervenors identified on the Commission's service list for this
proceeding. Persons on the service list with email addresses may be
served electronically; others must be served a hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do

not need intervenor status to have your environmental comments
considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities. By this
notice we are also asking governmental agencies, especially those in
Appendix 2, to express their interest in becoming cooperating agencies
for the preparation of the EA.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-15703 Filed 7-9-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69092-69093]
[FR Doc No: 2016-24016]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78992; File Nos. SR-NYSE-2016-57; SR-NYSEMKT-2016-80;
SR-NYSEArca-2016-119]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; NYSE Arca, Inc.; Order Approving Proposed Rule Change, as
Modified by Amendment No. 2 Thereto, Amending and Restating the Second
Amended and Restated Certificate of Incorporation of the Exchanges'
Ultimate Parent Company, Intercontinental Exchange, Inc.

September 29, 2016.

I. Introduction

    On August 17, 2016, each of New York Stock Exchange LLC (``NYSE''),
NYSE MKT LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'' and,
with NYSE and NYSE MKT, the ``Exchanges'') filed with the Securities
and Exchange Commission (``Commission''), pursuant to Section 19(b)(1)
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend and restate the Second
Amended and Restated Certificate of Incorporation (``ICE Certificate'')
of the Exchanges' ultimate parent company, Intercontinental Exchange,
Inc. (``ICE''), to increase ICE's authorized share capital and to make
other, non-substantive changes. The proposed rule changes were
published for comment in the Federal Register on August 30, 2016.\3\ On
August 25, 2016, the Exchanges each filed Amendment No. 1 to its
respective proposed rule change.\4\ On August 29, 2016, the Exchanges
each filed Amendment No. 2 to its respective proposed rule change.\5\
The Commission received no comments on the proposed rule changes, as
amended. This order approves the proposed rule changes, as modified by
Amendment No. 2.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 78661 (August 24,
2016), 81 FR 59699 (August 30, 2016) (``NYSE Notice''); 78663
(August 24, 2016), 81 FR 59696 (August 30, 2016); and 78662 (August
24, 2016), 81 FR 59674 (August 30, 2016).
    \4\ On August 26, 2016, the Exchanges withdrew Amendment No. 1.
    \5\ Amendment No. 2 made technical, non-substantive changes to
the ICE Certificate to remove unnecessary underlining and to
italicize a comma. Because Amendment No. 2 adds clarification and
does not materially alter the substance of the proposed rule changes
or raise unique or novel regulatory issues, Amendment No. 2 is not
subject to notice and comment.
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II. Description of the Proposed Rule Change

    The Exchanges propose to revise the ICE Certificate \6\ to increase
the total number of authorized shares of ICE common stock, par value
$0.01 per share (``Common Stock''), and to make other, non-substantive
changes. More specifically, the Exchanges propose to make the following
amendments to the ICE Certificate:
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    \6\ ICE owns 100% of the equity interest of Intercontinental
Exchange Holdings, Inc., which in turn owns 100% of the equity
interest of NYSE Holdings LLC. NYSE Holdings LLC owns 100% of the
equity interest of NYSE Group, Inc., which in turn directly owns
100% of the equity interest of each Exchange. ICE is a publicly
traded company listed on the NYSE.
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     In Article IV, Section A, the total number of shares of
stock that ICE is authorized to issue would be changed from 600,000,000
to 1,600,000,000 shares, and the portion of that total constituting
Common Stock would be changed from 500,000,000 to 1,500,000,000 shares.
     In Article V, Section A.5, the reference to ``this Section
A of ARTICLE VI'' would be corrected to refer to ``this Section A of
ARTICLE V''.
     References to the ``Second Amended and Restated
Certificate of Incorporation'' would be changed throughout to refer to
the ``Third Amended and Restated Certificate of Incorporation,'' and
related technical and conforming changes would be made to the recitals
and signature page of the ICE Certificate.
    The Exchanges state that the proposed amendments to the ICE
Certificate were approved by the board of directors of ICE (``ICE
Board'') on August 1, 2016.\7\ The Exchanges further state that the
amendments to the ICE Certificate would be effective when filed with
the Department of State of Delaware, which would not occur until
approval of the amendments by the stockholders of ICE is obtained at a
Special Meeting of Stockholders on October 12, 2016.\8\
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    \7\ See, e.g., NYSE Notice, supra note 3.
    \8\ See id.
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    According to the Exchanges, the trading price of ICE's Common Stock
has risen significantly since ICE's initial public offering in 2005,
and the ICE Board believes that such price appreciation may impact the
liquidity of ICE's Common Stock, making it more difficult to
efficiently trade and potentially less attractive to certain
investors.\9\ Accordingly, the ICE Board approved pursuing a 5-for-1
stock split by way of a stock dividend, pursuant to which the holders
of record of shares of Common Stock would receive, by way of a
dividend, four shares of Common Stock for each share of Common Stock
held by such holder (``Stock Dividend''). The Exchanges state that the
ICE Board's approval of the Stock Dividend was contingent upon
Commission and ICE stockholder approval of the proposed amendments to
the ICE Certificate.
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    \9\ See id.
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    Further, the Exchanges state that the number of shares of Common
Stock proposed to be issued in the Stock Dividend exceeds ICE's
authorized but unissued shares of Common Stock. The proposed rule
changes would increase ICE's authorized shares of Common Stock and
shares of capital stock to allow ICE to effectuate the Stock Dividend.
    According to the Exchanges, the proposed changes to the ICE
Certificate would not alter the limitations on voting and ownership set
forth in Section V of the ICE Certificate.\10\ Such limitations were
introduced at the time of ICE's acquisition of the Exchanges, to
``minimize the potential that a person could improperly interfere with
or restrict the ability of the Commission, the Exchange, or its
subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \11\
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    \10\ See id.
    \11\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758 (August 21, 2013) (SR-NYSE-2013-42; SR-NYSEMKT-
2013-50; and SR-NYSEArca-2013-62), at 51760.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
changes, as modified by Amendment No. 2, are consistent with the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\12\
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    \12\ In approving the proposed rule changes, the Commission has
considered their impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
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    The Commission finds that the proposed rule changes by the
Exchanges to modify the ICE Certificate are consistent with the
requirements of Section 6 of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\13\ In

particular, the Commission finds that the proposed rule changes are
consistent with Section 6(b)(1) of the Act, which, among other things,
requires a national securities exchange to be so organized and have the
capacity to carry out the purposes of the Act and to enforce compliance
by its members with the provisions of the Act, the rule and regulations
thereunder, and the rules of the exchange.\14\ The proposed revisions
to the ICE Certificate are intended to increase ICE's authorized shares
of Common Stock and shares of capital stock and thus would allow ICE to
effectuate the Stock Dividend. The Exchanges represent that the
proposed rule changes would not alter the limitations on voting and
ownership set forth in Section V of the ICE Certificate, which are
designed to ``minimize the potential that a person could improperly
interfere with or restrict the ability of the Commission, the Exchange,
or its subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Act.'' \15\
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    \13\ Certain provisions of the ICE Certificate are considered
rules of NYSE, NYSE MKT, and NYSE Arca if they are stated policies,
practices, or interpretations, as defined in Rule 19b-4 under the
Act, of NYSE, NYSE MKT, and NYSE Arca, and must be filed with the
Commission pursuant to Section 19(b)(4) of the Act and Rule 19b-4
thereunder. See 15 U.S.C. 78c(a)(27); 15 U.S.C. 78s(b); and 17 CFR
240.19b-4.
    \14\ 15 U.S.C. 78f(b)(1).
    \15\ See supra note 11.
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    In addition, the Commission finds that the proposed rule changes
are consistent with Section 6(b)(5) of the Act,\16\ which requires,
among other things, that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. As noted above, the proposed
rule changes would revise the ICE Certificate to increase ICE's
authorized share capital and thus would facilitate ICE's proposed Stock
Dividend. In addition, the proposed rule changes would correct an
erroneous reference, which may reduce potential confusion and enhance
the clarity of the ICE Certificate.
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    \16\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule changes (SR-NYSE-2016-57; SR-NYSEMKT-
2016-80; SR-NYSEArca-2016-119), as modified by Amendment No. 2, be, and
hereby are, approved.
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    \17\ 15 U.S.C. 78s(b)(2).
    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24016 Filed 10-4-16; 8:45 am]
 BILLING CODE 8011-01-P