[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices]
[Page 68641-68643]
[DOCID:fr28de09-97]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61197; File No. SR-BX-2009-081]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Update
Rule 1160 to Reflect the Availability of the FINRA Contact System to
NASDAQ OMX BX Members That Are Not Also Members of FINRA

December 17, 2009.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 9, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. BX has designated the proposed rule
change as constituting a non-controversial rule change under Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    BX submits this proposed rule change to Rule 1160 to extend the
availability of the FINRA Contact System to BX members that are not
also members of FINRA.
    The text of the proposed rule change is below. Proposed new
language is in italics and proposed deletions are in brackets.

1160. Contact Information Requirements

    (a) Each member shall report to the Exchange all contact
information required by the Exchange via the FINRA [NASD] Contact
System [(in the case of Exchange members that are FINRA members) or via
electronic mail or paper mail (in the case of Exchange members that are
not FINRA members)].
    (b)-(c) No change.
* * * * *

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

    In its filing with the Commission, BX 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. BX 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
    BX is proposing to update Rule 1160 to reflect the availability of
the FINRA Contact System (``System'') to BX members that are not also
members of FINRA, and to make a technical change to the name of the
System. The System maintains contact information records required by
both BX and NASD Rules 1120, 1150, 3011, and 3520. Both BX

and FINRA use this information for regulatory communications, and
compliance purposes, among other things. The information is provided to
FINRA as part of the membership application. If the applicant is
approved for membership, the new member is provided access to the
System and is responsible for entering the required information into
the System as well as keeping it current thereafter. Historically,
FINRA permitted access to the System only to members of FINRA. A BX
member that was already a member of FINRA could access the System to
fulfill its ongoing obligation to keep the required information
current; however, BX members that were not also members of FINRA were
not permitted access to the System. As a consequence, such firms could
only fulfill their obligation to keep the required information current
by submitting the information to BX via e-mail or paper mail.
    FINRA recently made changes to the System so that BX-only members
may also access the System, thus eliminating the need for the existing
methods of providing such information. BX believes that having a
central electronic location for this information is superior to the
paper and e-mail-based methods of warehousing the information. BX will
have access to the information maintained in the System for BX-only
members in the same way as it has historically had with respect to BX
members that are also members of FINRA. As such, BX is proposing to
eliminate the language from Rule 1160 that requires BX-only members to
provide required information by means other than the System. BX is also
proposing to update the rule to reflect the new name of the System
adopted by FINRA.\5\
---------------------------------------------------------------------------

    \5\ http://www.finra.org/Industry/Compliance/RegulatoryFilings/
FCS/P005662.
---------------------------------------------------------------------------

2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\6\ in general and with Sections
6(b)(5) of the Act,\7\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change is
consistent with these provisions in that it will make available to all
BX members an efficient means by which they may provide information
required by Exchange rules.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that BX has satisfied the five-day
pre-filing notice requirement.
---------------------------------------------------------------------------

    Normally, a proposed rule change filed under 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. BX has requested that the Commission
waive the 30-day operative delay. In its filing, BX noted that the
proposal would provide a means for firms to comply with regulatory
requirements more easily and quickly, and that keeping such information
in a centralized, electronic location would enhance BX's and FINRA's
oversight of these members.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative period
is consistent with the protection of investors and the public interest.
The proposed rule change would allow contact information, utilized for
regulatory communications and compliance purposes, among other things,
to be more efficiently collected in a centralized location. In
addition, the modification of the rule to reflect the new name of the
System will add clarity to BX's rules. Finally, the Commission notes
that it recently published and waived the 30-day pre-operative delay
for a substantially similar proposal submitted by Nasdaq which was
filed for immediate effectiveness.\11\ Accordingly, the Commission
designates the proposal to be effective upon filing with the
Commission.\12\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 61151 (December 10,
2009) (SR-NASDAQ-2009-109).
    \12\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-081 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-081. 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 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-BX-2009-081 and should be
submitted on or before January 19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30595 Filed 12-24-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63848-63850]
[FR Doc No: 2013-25206]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0776; Special Conditions No. 25-498-SC]

Special Conditions: Embraer S.A., Model EMB-550 Airplanes;
Sidestick Controllers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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

SUMMARY: These special conditions are issued for the Embraer S.A. Model
EMB-550 airplane. This airplane will have a novel or unusual design
feature associated with sidestick controllers. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is October 25,
2013. We must receive your comments by December 9, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0776
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West

Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 8 a.m. and 5 p.m., Monday through
Friday, except federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Loran Haworth, FAA, Airplane and
Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
unnecessary because the substance of these special conditions has been
subject to the public comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
publication.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds of thrust for normal
takeoff. The primary flight controls consist of hydraulically powered
fly-by-wire elevators, ailerons and rudder, controlled by the pilot or
copilot sidestick.
    The Model EMB-550 airplane will use passive sidestick controllers
for pitch and roll control instead of a conventional control column and
wheel. The main characteristics of a sidestick controller are:
     Passive inceptor (i.e., the hand grip returns to the null
position after in/out movements),
     Artificial tactile feedback,
     Located on the side of the pilot, and
     No mechanical interconnection.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer, S.A. must show that the Model EMB-550 airplane
meets the applicable provisions of part 25, as amended by Amendment 25-
1 through 25-127 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-550 airplane because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-550 airplane must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36; and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 airplane will incorporate the following novel or
unusual design features: The Model EMB-550 airplane has a sidestick
controller for pitch and roll control.

Discussion

    Regulatory requirements for conventional wheel and column
controllers, such as requirements pertaining to pilot strength and
controllability, are not directly applicable to sidestick controllers.
Certain ergonomic considerations such as armrest support, freedom of
arm movement, controller displacement, handgrip size and accommodations
for a range of pilot sizes are not addressed in the regulations. In
addition, pilot control authority may be uncertain, because the
sidestick controllers are not mechanically interconnected as with
conventional wheel and column controls. Pitch and roll control force
and displacement sensitivity must be compatible so that normal inputs
on one control axis do not cause significant unintentional inputs on
the other. As a result, a special condition is issued to require that
the unique features of the sidesstick controller must be demonstrated
through flight and simulator tests to have suitable handing and control
characteristics.

Applicability

    As discussed above, these special conditions are applicable to the
Model EMB-550 airplane. Should Embraer S.A. apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability.

    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary, and good cause
exists for adopting these special conditions upon issuance. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Embraer S.A. Model EMB-550 airplanes.
    In the absence of specific requirements for sidestick controllers,
the following Special Conditions apply:
    1. Pilot strength: In lieu of the control force limits shown in
Sec.  25.143(d) for pitch and roll and in lieu of the specific pitch
force requirements of Sec. Sec.  25.143(i)(2), 25.145(b), and
25.175(d), it must be shown that the temporary and maximum prolonged
force levels for the sidestick controllers are suitable for all
expected operating conditions and configurations, whether normal or
non-normal.
    2. Pilot control authority: The electronic sidestick controller
coupling design must provide for corrective and/or overriding control
inputs by either pilot with no unsafe characteristics. Annunciation of
the controller status must be provided and must not be confusing to the
flightcrew.
    3. Pilot control: It must be shown by flight tests that the use of
sidestick controllers does not produce unsuitable pilot-in-the-loop
control characteristics when considering precision path control/tasks
and turbulence. In addition, pitch and roll control force and
displacement sensitivity must be compatible, so that normal inputs on
one control axis will not cause significant unintentional inputs on the
other.

    Issued in Renton, Washington, on September 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-25206 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Pages 78800-78802]
[FR Doc No: 2010-31403]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue,
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.

    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

    N--New application.
    M--Modification request.
    PM--Party to application with modification request.

    Issued in Washington, DC, on December 9, 2010.
Donald Burger,
Chief, Special Permits and Approvals Branch.

------------------------------------------------------------------------
                                           Reason for    Estimated date
 Application No.         Applicant            delay       of completion
------------------------------------------------------------------------
                     Modification to Special Permits
------------------------------------------------------------------------
10922-M..........  FIBA Technologies,                4        12-31-2010
                    Inc. Millbury, MA.
14167-M..........  Trinityrail, Dallas,              4        03-31-2011
                    TX.
13736-M..........  ConocoPhillips,                   4        03-31-2011
                    Anchorage, AK.
6293-M...........  ATK Space Systems,                4        03-31-2011
                    Inc. (Former
                    Grantee: ATK
                    Thiokol, Inc.),
                    Corine, UT.
14741-M..........  Weatherford                       4        03-31-2011
                    International, Fort
                    Worth, TX.
14650-M..........  Air Transport                     4        03-31-2011
                    International,
                    L.L.C., Little Rock,
                    AR.
14926-M..........  Lynden Air Cargo,                 4        11-30-2010
                    Anchorage, AK.
8826-M...........  Phoenix Air Group,                4        03-31-2011
                    Inc., Cartersville,
                    GA.
10869-M..........  Norris Cylinder                   4        03-31-2011
                    Company, Longview,
                    TX.
10049-M..........  Martin Transport,                 4        01-31-2011
                    Inc., Kilgore, TX.
8815-M...........  Florex Explosives,                4        01-31-2011
                    Inc., Crystal River,
                    FL.
14447-M..........  SNF Holding Company ,             4        01-31-2011
                    Riceboro, GA.
12561-M..........  Rhodia, Inc.,                     4        01-31-2011
                    Cranbury. NJ.
14617-M..........  Western                           4        01-31-2011
                    International, Gas
                    Cylinders, Inc.,
                    Bellville, TX.
3121-M...........  Department of                     4        02-15-2011
                    Defense, Scott Air
                    Force Base, IL.
12783-M..........  CryoSurgery, Inc.,                4        02-15-2011
                    Nashville, TN.
14573-M..........  Polar Tank Trailer,               4        02-15-2011
                    LLC-FC, Holdingford,
                    MN.
I0407-M..........  Thermo Process                    4        02-15-2011
                    Instruments, LP
                    (Former Grantee:
                    Thermo MeasureTech),
                    Sugar Land, TX.
14546-M..........  Linde Gas North                   4        02-15-2011
                    America LLC-FC
                    Murray Hill, NJ.
14763-M..........  Weatherford                       4        02-15-2011
                    International, Forth
                    Worth, TX.
10646-M..........  Schlumberger                      4        02-15-2011
                    Technologies
                    Corporation, Sugar
                    Land, TX.
12929-M..........  Air Products &                    4        02-15-2011
                    Chemicals, Inc.,
                    Allentown, PA.
11789-M..........  Mallard Creek                     4        02-15-2011
                    Polymers, Inc.,
                    Charlotte, NC.
8445-M...........  Clean Harbors                     4        02-15-2011
                    Environmental
                    Services, Inc.--
                    Fails MEF, Norwell,
                    MA.
14860-M..........  Alaska Airlines,                  4        01-31-2011
                    Seattle, WA.
------------------------------------------------------------------------
                     New Special Permit Applications
------------------------------------------------------------------------
14810-N..........  Olin Corporation,                 4        03-31-2011
                    Chior Alkai Products
                    Division, Cleveland,
                    TN.
14813-N..........  Organ Recovery                    4        03-31-2011
                    Systems, Des
                    Plaines, IL.
14835-N..........  The Reusable                      4        03-31-2011
                    Industrial Packaging
                    Assoc., Washington,
                    DC.
14839-N..........  Matheson Tn-Gas,                  3        11-30-2010
                    Inc., Basking Ridge,
                    NJ.
14851-N..........  Alaska Airlines,                  4        03-31-2011
                    Inc., Seattle, WA.
14868-N..........  Wal-Mart Stores,                  4        03-31-2011
                    Inc., Bentonville,
                    AR.
14878-N..........  Humboldt County Waste             4        03-31-2011
                    Management
                    Authority, Eureka,
                    CA.
14872-N..........  Arkema, Inc.,                     4        03-31-2011
                    Philadelphia, PA.
14929-N..........  Alaska Island Air,                4        11-30-2010
                    Inc., Togiak, AK.
14945-N..........  Vulcan Construction               4        03-31-2011
                    Materials LP SE dlb/
                    a Vulcan Materials
                    Company, Atlanta, GA.
1495 1-N.........  Lincoln Composites,               1        11-30-2010
                    Lincoln, NE.
14960-N..........  Cheltec, Inc.,                    4        03-31-2011
                    Sarasota, FL.
14965-N..........  JiangXi Oxygen Plant              4        11-30-2010
                    Co., Ltd., Jiangxi
                    Province.
14972-N..........  Air Products and                  4        11-30-2010
                    Chemicals,
                    Allentown, PA.
14977-N..........  Air Products and                  4        03-31-2011
                    Chemicals, Inc.,
                    Allentown, PA.
14985-N..........  Southern States, LLC,             4        02-15-2011
                    Atlanta, GA.
14992-N..........  VIP Transport, Inc.,              4        02-28-2010
                    Corona, CA.
14989-N..........  Vinci-technologies...             4        02-28-2011
14994-N..........  Auto Chior System,                4        02-28-2010
                    Memphis, TN.
15003-N..........  Gebauer Company,                  4        02-28-2011
                    Cleveland, OH.
15027-N..........  Northrop Grumman                  4        02-28-2011
                    Corporation,
                    Baltimore, MD.
15028-N..........  Roeder Cartage                    4        02-28-2011
                    Company, LIMA, OH.
15031-N..........  Euro Asia Packaging               4        02-28-2011
                    (Guangdong) Co.,
                    Ltd. ZhongShan,
                    Canton.
15036-N..........  UTLX Manufacturing,               4        02-28-2011
                    Incorporated,
                    Alexandria, LA.
15175-N..........  Horizon Air                       4        02-28-2011
                    Industries, Inc.,
                    Seattle, WA.
------------------------------------------------------------------------

[FR Doc. 2010-31403 Filed 12-15-10; 8:45 am]
BILLING CODE 4910-60-M


                      Department of Environmental Quality

                                 Amanda Smith
Executive Director

                            DIVISION OF AIR QUALITY
                                  Rusty Ruby
Acting Director

                      Department of Environmental Quality

                                 Amanda Smith
Executive Director

                            DIVISION OF AIR QUALITY
                                  Rusty Ruby
Acting Director

                                State of Utah

                                GARY R. HERBERT
Governor

                                   GREG BELL
Lieutenant Governor

                                State of Utah

                                GARY R. HERBERT
Governor

                                   GREG BELL
Lieutenant Governor

195 North 1950 West :: Salt Lake City, UT                                                                                Mailing Address:  P.O. Box 144820 :: Salt Lake City, UT  84114-4820                                                                                Telephone<PHONE_NUMBER> :: Fax<PHONE_NUMBER> :: T.D.D.<PHONE_NUMBER>                                                                                www.deq.utah.gov
Printed on 100% recycled paper

                                                           DAQE-GN0130310010-11

May 4, 2011

Bill Lawson
PacifiCorp Energy
1407 W. North Temple
Suite 310
Salt Lake City, UT 84116

Dear Mr. Lawson:

RE:	Emission Credit Order for PacifiCorp's Lake Side Power Plant
	Project Number:  N013031-0010

This Order confirms the use, as requested by PacifiCorp Energy, of 23.08 tons/year PM10, 119.00 tons/
year PM2.5, 171.48 tons/year NOx, and 34.32 tons/year SOx banked emissions from the Utah County Emissions Credit Registry.  This banked emissions transfer is associated with Approval Order DAQE-AN0130310010-11, dated May 4, 2011.  The transfer results in the following emissions balance for PacifiCorp Energy in the Utah County Emissions Credit Registry.

                     Utah County Emissions Credit Registry
                                   Pollutant
                         Previous Credits (tons/year)
                    Credits Used by this Order (tons/year)
                      Total Emission Credits (tons/year)
                                     PM10
                                     46.41
                                    (23.08)
                                     23.33
                                     PM2.5
                                    175.13
                                   (119.00)
                                     56.13
                                      NOx
                                    666.30
                                   (171.48)
                                    494.82
                                      SOx
                                     41.60
                                    (34.32)
                                     7.28

Should you have any questions, please feel free to call Camron Harry at<PHONE_NUMBER>, or Email<EMAIL_ADDRESS>

Sincerely,

Rusty Ruby, Acting Executive Secretary
Utah Air Quality Board

RR:CAH:kw

cc:    Utah County Health Department
         Mike Owens, EPA Region VIII
         John Jenks, NSR Engineer


[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39040-39041]
[FR Doc No: 2016-14146]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-131-000.
    Applicants: Beacon Solar 4, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, Request for Expedited Consideration and Confidential
Treatment of Beacon Solar 4, LLC.
    Filed Date: 6/8/16.
    Accession Number: 20160608-5237.
    Comments Due: 5 p.m. ET 6/29/16.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-116-000.
    Applicants: Rush Springs Wind Energy, LLC.
    Description: Notification of Self-Certification of Exempt Wholesale
Generator Status of Rush Springs Wind Energy, LLC.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5179.
    Comments Due: 5 p.m. ET 6/30/16.

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

    Docket Numbers: ER15-1825-007.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2016-06-09 Filing in Compliance
with May 31 Order Delaying RSI Effective Date to be effective 11/1/
2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5260.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1378-001.
    Applicants: Rocky Mountain Reserve Group.
    Description: Compliance filing: 20160609_Bylaws Compliance Filing
to be effective 4/15/2016.
    Filed Date: 6/9/16.

    Accession Number: 20160609-5182.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1897-000.
    Applicants: Summer Solar LLC.
    Description: Baseline eTariff Filing: Co-Tenancy Agreement to be
effective 7/7/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5007.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1898-000.
    Applicants: Antelope Big Sky Ranch LLC.
    Description: Baseline eTariff Filing: Antelope Big Sky Ranch LLC
Co-Tenancy Agreement to be effective 7/7/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5008.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1899-000.
    Applicants: Summer Solar LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement
to be effective 7/7/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5009.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1900-000.
    Applicants: Antelope Big Sky Ranch LLC.
    Description: Baseline eTariff Filing: Antelope Big Sky Ranch LLC
SFA to be effective 7/7/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5010.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1901-000.
    Applicants: Elevation Solar C LLC.
    Description: Baseline eTariff Filing: Elevation Solar C LLC MBR
Tariff to be effective 6/10/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5160.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1902-000.
    Applicants: Celesta Energy, Inc.
    Description: Tariff Cancellation: Celesta Energy, Inc. Cancellation
of Tariff to be effective 6/10/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5176.
    Comments Due: 5 p.m. ET 6/30/16.

    Docket Numbers: ER16-1903-000.
    Applicants: Lighthouse Energy Group, LLC.
    Description: Tariff Cancellation: Lighthouse Energy Group, LLC
Cancellation of Tariff to be effective 6/10/2016.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5180.
    Comments Due: 5 p.m. ET 6/30/16.

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

    Docket Numbers: RD16-8-000.
    Applicants: North American Electric Reliability Corporation,
Northeast Power Coordinating Council.
    Description: Joint Petition of the North American Electric
Reliability Corporation and Northeast Power Coordinating Council for
Approval of Retirement of Regional Reliability Standard PRC-002-NPCC-
01.
    Filed Date: 6/9/16.
    Accession Number: 20160609-5162.
    Comments Due: 5 p.m. ET 7/11/16.

    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: June 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-14146 Filed 6-14-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Rules and Regulations]
[Pages 16691-16696]
[FR Doc No: 2011-7040]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

Docket No. RM09-19-000; Order No. 746]

Western Electric Coordinating Council Qualified Transfer Path
Unscheduled Flow Relief Regional Reliability Standard

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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

SUMMARY: Under section 215 of the Federal Power Act, the Commission
approves regional Reliability Standard of the Western Electricity
Coordinating Council (WECC) IRO-006-WECC-1 (Qualified Transfer Path
Unscheduled Flow Relief) and six associated new definitions submitted
to the Commission for approval by the North American Electric
Reliability Corporation. This Reliability Standard is intended to
mitigate transmission overloads due to unscheduled flow on a transfer
path designated by WECC as being qualified for unscheduled flow
mitigation.

DATES: Effective Date: This rule will become effective May 24, 2011.

FOR FURTHER INFORMATION CONTACT:
Terence Burke (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.
Danny Johnson (Technical Information), Office of Electric Reliability,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer, Philip
D. Moeller, John R. Norris, and Cheryl A. LaFleur.

Final Rule

    1. Under section 215 of the Federal Power Act (FPA),\1\ the
Commission approves regional Reliability Standard of the Western
Electricity Coordinating Council (WECC) IRO-006-WECC-1 (Qualified
Transfer Path Unscheduled Flow Relief) and six associated new
definitions submitted to the Commission for approval by the North
American Electric Reliability Corporation (NERC), the Electric
Reliability Organization (ERO) certified by the Commission. The
approved

Reliability Standard is intended to mitigate transmission overloads due
to unscheduled flow on Qualified Transfer Paths.\2\
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824o.
    \2\ The term ``Qualified Transfer Path'' is defined as ``[a]
transfer path designated by the WECC Operating Committee as being
qualified for WECC unscheduled flow mitigation.'' When the Standard
becomes effective, this definition will be added to the NERC
Glossary of Terms Used in Reliability Standards.
---------------------------------------------------------------------------

I. Background

A. NERC Reliability Standard IRO-006

    2. On March 16, 2007, the Commission issued Order No. 693 approving
83 Reliability Standards proposed by NERC, including Interconnection
Reliability Operations and Coordination (IRO) Reliability Standard IRO-
006-3, titled ``Reliability Coordination--Transmission Loading
Relief.'' \3\ In addition, under section 215(d)(5) of the FPA, the
Commission directed the ERO to develop modifications to IRO-006-3 and
other approved Reliability Standards to address specific issues
identified by the Commission.
---------------------------------------------------------------------------

    \3\  Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, FERC Stats. & Regs. ] 31,242, order on reh'g, Order
No. 693-A, 120 FERC ] 61,053 (2007).
---------------------------------------------------------------------------

    3. NERC Reliability Standard IRO-006-3 establishes a Transmission
Loading Relief (TLR) process for use in the Eastern Interconnection to
alleviate loadings on the system by curtailing or changing transactions
based on their priorities and according to different levels of TLR
procedures. Requirement R2.2 provides that ``the equivalent
Interconnection-wide transmission loading relief procedure for use in
the Western Interconnection is the WECC Unscheduled Flow Mitigation
Plan.'' This document provides detailed instructions for addressing
unscheduled flows, i.e., parallel path flows, based on the topography
and configuration of the Bulk-Power System in the Western
Interconnection. The Unscheduled Flow Mitigation Plan identifies nine
``steps'' to address unscheduled flows. In the first three steps, the
Mitigation Plan relies on phase angle regulators, series capacitors,
and back-to-back DC lines to mitigate contingencies without curtailing
transactions. Steps four through nine involve curtailment of
transactions.
    4. On March 19, 2009, the Commission approved IRO-006-4, which
modified the prior version of the Reliability Standard and addressed
the Commission's directives from Order No. 693.\4\ The Commission
subsequently accepted an erratum to that Reliability Standard that
corrected the reference in Requirement R1.2 to the Unscheduled Flow
Mitigation Plan (Mitigation Plan).\5\
---------------------------------------------------------------------------

    \4\ Modification of Interchange and Transmission Loading Relief
Reliability Standards; and Electric Reliability Organization
Interpretation of Specific Requirements of Four Reliability
Standards, Order No. 713-A, 126 FERC ] 61,252 (2009), reh'g denied,
Order No. 713-B, 130 FERC ] 61,032 (2010).
    \5\ North American Electric Reliability Corp., Docket No. RD09-
9-000 (Dec. 10, 2009) (unpublished letter order). Note that
Reliability Standard IRO-006-4.1, Requirement R1.2 refers to the
``WECC Unscheduled Flow Reduction Procedure,'' which is Attachment 1
to the Mitigation Plan, the term we use herein.
---------------------------------------------------------------------------

B. WECC Delegation Agreement and WECC Regional Reliability Standard
IRO-STD-006-0

    5. On April 19, 2007, the Commission approved delegation agreements
between NERC and each of the eight Regional Entities, including
WECC.\6\ In that approval, the Commission accepted WECC as a Regional
Entity organized on an Interconnection-wide basis and accepted WECC's
Standards Development Manual, which sets forth the process for
development of WECC's Reliability Standards.\7\
---------------------------------------------------------------------------

    \6\ See North American Electric Reliability Corp., 119 FERC ]
61,060, order on reh'g, 120 FERC ] 61,260 (2007).
    \7\ Id. P 469-470.
---------------------------------------------------------------------------

    6. On June 8, 2007, the Commission approved eight WECC regional
Reliability Standards that apply in the Western Interconnection,
including IRO-STD-006-0.\8\ The regional Reliability Standard applies
to transmission operators, load-serving entities and balancing
authorities within the Western Interconnection. It addresses the
mitigation of transmission overloads due to unscheduled line flow on
specified paths. Specifically, Requirement R1 of IRO-STD-006-0 states
that:
---------------------------------------------------------------------------

    \8\ North American Electric Reliability Corp., 119 FERC ] 61,260
(2007) (June 8, 2007 Order).

    WECC's Unscheduled Flow Mitigation Plan (Plan) * * * specifies
that members shall comply with requests from (Qualified) Transfer
Path Operators to take actions that will reduce unscheduled flow on
the Qualified Path in accordance with the table entitled ``WECC
Unscheduled Flow Procedure Summary of Curtailment Actions,'' which
is located in Attachment 1 of the Plan.\9\
---------------------------------------------------------------------------

    \9\ Regional Reliability Standard IRO-STD-006-0, available at
http://www.wecc.biz/Standards/Approved%20Standards/IRO-STD-006-0.pdf.

The regional Reliability Standard then provides excerpts from the plan
that describe actions entities must take to address unscheduled flow.
    7. The June 8, 2007 Order directed WECC to develop certain
modifications to the eight WECC Reliability Standards to address issues
identified by the Commission. With respect to IRO-STD-006-0, the
Commission directed WECC to clarify the term ``receiver'' used in the
Reliability Standard. The Commission also directed WECC to address
concerns raised by a commenter regarding WECC's inclusion of load-
serving entities, which may be unable to meet the Reliability
Standard's requirements, in the applicability section of the
Reliability Standard.\10\ The Commission directed WECC to remove a
Sanctions Table that is inconsistent with the NERC Sanctions
Guidelines. The Commission also directed WECC to address NERC's
concerns regarding formatting, use of standard terms, and the need for
greater specificity in the actions that a responsible entity must take.
---------------------------------------------------------------------------

    \10\ June 8, 2007 Order, 119 FERC ] 61,260 at P 70-71.
---------------------------------------------------------------------------

C. Proposed Regional Reliability Standard

    8. In a June 17, 2009 filing (NERC Petition), NERC requested
Commission approval of proposed regional Reliability Standard IRO-006-
WECC-1, which was developed in response to the Commission's directives
in the June 8, 2007 Order, to replace the currently effective regional
Standard. NERC stated that the purpose of IRO-006-WECC-1 is to mitigate
transmission overloads due to unscheduled flow on Qualified Transfer
Paths. Under the Reliability Standard, reliability coordinators are
responsible for initiating schedule curtailments, and balancing
authorities are responsible for implementing the curtailments.
Specifically, proposed regional Reliability Standard IRO-006-WECC-1
contains the following two Requirements:

    R.1. Upon receiving a request of Step 4 or greater (see
Attachment 1-IRO-006-WECC-1) from the Transmission Operator of a
Qualified Transfer Path, the Reliability Coordinator shall approve
(actively or passively) or deny that request within five minutes.
    R.2. The Balancing Authorities shall approve curtailment
requests to the schedules as submitted, implement alternative
actions, or a combination there of that collectively meets the
Relief Requirement.

An attachment to IRO-006-WECC-1 summarizes the nine steps and related
actions to address unscheduled flows.

D. Notice of Proposed Rulemaking

    9. On October 29, 2010, the Commission issued its Notice of
Proposed Rulemaking proposing to approve the regional IRO Reliability
Standard IRO-006-WECC-1.\11\ In

addition, the Commission raised concerns with respect to: (1) How
entities will know whether to follow the national or regional Standard
in a given situation; (2) WECC's and NERC's reliance on TOP-007-WECC-1
to ensure that entities manage power flows using steps one through
three of the Mitigation Plan prior to requesting curtailments; (3) how
the webSAS \12\ tool will work with respect to the national and
regional Standard; and (4) the potential reliability impact of
reliability coordinators' inability to request curtailments.
---------------------------------------------------------------------------

    \11\ Western Electric Coordinating Council Qualified Transfer
Path Unscheduled Flow Relief Regional Reliability Standard, Notice
of Proposed Rulemaking, 75 FR 66702 (Oct. 29, 2010), FERC Stats &
Regs. ] 32,663 (2010) (NOPR).
    \12\ The webSAS (Security Analysis System) is a proprietary
internet based application that is used by WECC to analyze,
initiate, communicate, and provide compliance reports for
implementation of the Unscheduled Flow Reduction Procedure. It is
available by subscription through the vendor to provide notification
of Unscheduled Flow Events, calculate and display required relief,
and provide a rapid method of transaction curtailments.
---------------------------------------------------------------------------

    10. In response to the NOPR, comments were filed by NERC, WECC, and
Nevada Power Company and Sierra Pacific Power Company, both d/b/a NV
Energy (NV Energy). In the discussion below, we address these comments.

II. Discussion

A. Approval of IRO-006-WECC-1

    11. In the NOPR, the Commission proposed to approve regional
Reliability Standard IRO-006-WECC-1 stating that it adequately
addresses a number of the directives identified in the June 8, 2007
Order and represents an improvement to the current Standard. As stated
in the NOPR, the Standard addresses our concern regarding the use of
the term ``receiver'' by removing the term, thus removing potential
confusion arising from the use of the undefined term. The Reliability
Standard also provides additional clarity by removing load-serving
entities from its applicability section since load-serving entities may
not be able to meet the Standard's requirements regarding curtailment
procedures. Further, the Standard includes reliability coordinators as
an applicable entity and addresses their role in curtailment
procedures. The Standard goes beyond the corresponding NERC Reliability
Standard by requiring a reliability coordinator to approve or deny a
transmission operator's curtailment request within five minutes.
Finally, the WECC Reliability Standard addresses formatting concerns,
conformance with NERC's Violation Severity Level and Violation Risk
Factor matrix, and the elimination of a WECC sanction table. NERC,
WECC, and NV Energy all support approval. Accordingly the Commission
adopts the NOPR proposal and approves regional Reliability Standard
IRO-006-WECC-1 as just, reasonable, not unduly discriminatory or
preferential, and in the public interest.
    12. We raised in the NOPR several concerns regarding how the
regional Reliability Standard would work in practice to ensure Reliable
Operation in the Western Interconnect. As a result of the comments
submitted, our concerns have been adequately addressed, and we do not
direct any modifications to the regional Reliability Standard.

B. Issues Raised in NOPR

1. Consistency Between NERC and WECC
    13. Requirement R1.2 in NERC Reliability Standard IRO-006-4 refers
to the WECC Unscheduled Flow Reduction Procedure with regard to
transmission loading relief in the Western Interconnection. In the
NOPR, the Commission requested comment on the interaction between the
differing requirements contained in the regional versus the national
Reliability Standards, on which of the two Standards' requirements take
precedence, and on how NERC intends to ensure compliance and consistent
enforcement with regard to the Standards.
Comments
    14. WECC and NV Energy comment that the Standards differ in their
applicability. They state that NERC's IRO-006-4 addresses the
obligations of the reliability coordinator and the balancing authority
if an Interconnection-wide procedure is selected for the mitigation of
overloads on transmission facilities. According to WECC and NV Energy,
Regional Reliability Standard IRO-006-WECC-1 sets out reliability
obligations for the reliability coordinator and balancing authority
regarding transmission loading relief on the narrow subset of Western
Interconnect transmission facilities designated as Qualified Transfer
Paths. The two commenters assert there is no conflict between the NERC
Reliability Standard and the regional Standard, as they work together.
    15. NERC states that it recognized some potential for confusion in
this matter and will soon file for approval a proposed Reliability
Standard IRO-006-5 \13\ that, among other things, eliminates reference
to the WECC Unscheduled Flow Reduction Procedure as a procedure that
may be selected by the reliability coordinator to achieve loading
relief and, instead, mentions the procedure as an example for which
coordination must occur.
---------------------------------------------------------------------------

    \13\ Subsequent to filing its comments in this Docket, NERC
filed its Petition for Approval of Proposed New Interconnection
Reliability Operations and Coordination Reliability Standards,
Glossary Term and Implementation Plan on January 13, 2011 in Docket
No. RD11-2-000.
---------------------------------------------------------------------------

Commission Determination
    16. The Commission finds that NERC's plan to eliminate the
opportunity for confusion with respect to this Reliability Standard
adequately addresses the concerns raised in the NOPR.
2. TOP-007-WECC-1 and the Mitigation Plan
    17. In the June 8, 2007 Order, the Commission determined that the
regional Reliability Standard IRO-STD-006-0 is superior to the NERC
Standard based in part on the specified pre-curtailment steps one
through three of the Mitigation Plan.\14\ As stated above, the
Mitigation Plan is no longer referenced in IRO-006-WECC-1. The NERC
Petition stated that proposed WECC regional Reliability Standard TOP-
007-WECC-1, would work in conjunction with IRO-006-WECC-1 to ensure
that pre-curtailment steps one through three of the Mitigation Plan are
performed.\15\ In the NOPR, the Commission requested comment as to
whether WECC's reliance on proposed regional Standard TOP-007-WECC-1 or
currently effective Reliability Standard TOP-STD-007-0 (whichever is in
effect) is an adequate replacement for the currently required pre-
curtailment actions set forth in steps one through three of the
Mitigation Plan.
---------------------------------------------------------------------------

    \14\ June 18, 2007 Order, 119 FERC ] 61,260 at P 69.
    \15\ NERC's petition for approval of regional Reliability
Standard TOP-007-WECC-1 is currently pending before the Commission
in Docket No. RM09-14-000.
---------------------------------------------------------------------------

Comments
    18. Each of the commenters note that Reliability Standard IRO-006-
WECC-1 and the proposed regional Standard TOP-007-WECC-1 were intended
to meet the performance objective of enhanced reliability but not to
prescribe a specific method for achieving that objective. WECC and NV
Energy assert that the pre-curtailment steps were not mandatory, but,
as before, they remain tools available to transmission operators for
the mitigation of transmission facility overloading. WECC states that
reliability would suffer if transmission operators were limited in
their action by a mandatory adherence to the Mitigation Plan.

Commission Determination
    19. The Commission acknowledges the comments offered and is
satisfied that IRO-006-WECC-1 does not present a reduction in
reliability. The Commission also highlights the comment made by WECC
that the Standard is applicable to reliability coordinators and
balancing authorities, not to transmission operators. Under the
Standard, the reliability coordinator must approve or deny the
implementation of a step four or higher action, and the balancing
authority must grant relief so the transmission operator does not
violate a system operating limit (SOL) or an interconnection
reliability operating limit (IROL) operating limit. But transmission
operator's obligations remain unchanged by IRO-006-WECC-1. They
continue to be required to take immediate steps to relieve an SOL or
IROL operating limit violation.
3. Operation of webSAS
    20. According to the NERC Petition, the webSAS tool calculates
curtailment and, unless the reliability coordinator actively denies the
request, approves the curtailment within five minutes. The Commission
requested in the NOPR additional information regarding how the webSAS
program works in relation to WECC's proposed IRO-006-WECC-1 as well as
the currently effective IRO-006-4, and whether conflicts could arise
between the webSAS programming and the Mitigation Plan.
Comments
    21. NV Energy and WECC comments describe of the webSAS program,
explaining that it utilizes impedance modeling of the transmission
network in the Western Interconnection and is able to determine
transmission distribution factors that correspond to discrete
transactions. It is configured to prescribe curtailments in accordance
with the curtailment table in the WECC Unscheduled Flow Reduction
Procedure, and is only one of the methods a balancing authority might
use in devising curtailments. WECC notes that webSAS merely suggests
strategies; the responsible balancing authority must implement those
strategies. WECC further comments that WebSAS operates similarly
whether utilized under the regional or the national Reliability
Standard.
Commission Determination
    22. The Commission is satisfied with the commenters' explanation of
the operation of webSAS, as well as its proposed use within the
mitigation process set out in Reliability Standard IRO-006-WECC-1.
4. Reliability Coordinators' Role in Curtailment
    23. In the NOPR the Commission stated that, because reliability
coordinators are the only entities with the wide-area view, the
Commission believes it is appropriate that they, as the entities with
the highest level of authority to ensure reliability, have the ability
to initiate relief procedures.\16\ In the NOPR, the Commission
requested comment regarding its concerns that the proposed regional
Reliability Standard does not mention the reliability coordinators'
ability to request curtailments, and that automatic approval of
curtailments may occur through the webSAS tool without reliability
coordinator review.
---------------------------------------------------------------------------

    \16\ NOPR, FERC Stats. & Regs. ] 32,663 at P 30.
---------------------------------------------------------------------------

Comments
    24. WECC and NV Energy comment that the reliability coordinator
always has the ability to issue directives or take other actions to
ensure Reliable Operations under the authority granted in Reliability
Standard IRO-001-1.1. NV Energy states that the automatic approval of
requested curtailments after five minutes is an appropriate balance
between allowing for the reliability coordinators' participation and
adequately ensuring that transmission loading relief is obtained for
the next hour.
Commission Determination
    25. The Commission agrees with the commenters that NERC Reliability
Standard IRO-001-1.1 provides the reliability coordinator authority to
take actions to ensure Reliable Operations, and no further
clarification is required.
5. Alternative Revisions
    26. Because of the concerns expressed in the NOPR, the Commission
questioned whether it might be more efficient and appropriate if all
the WECC rules and procedures with respect to unscheduled flow
mitigation were incorporated in a single document.
Comments
    27. WECC asserts that regional Reliability Standard IRO-006-4 does
not mandate following the Mitigation Plan but only suggests that the
Mitigation Plan is a procedure available to a reliability coordinator.
Therefore, incorporating the WECC rules and procedures into the
Mitigation Plan would not eliminate the need for an enforceable
regional Reliability Standard. WECC also comments that the differing
purposes of the Mitigation Plan, IRO-006-WECC-1, and TOP-007-WECC-1
would thwart efforts to combine them. NERC notes that it has already
undertaken eliminating the regional differences from the continent-wide
standard in its proposed IRO-006-5.
Commission Determination
    28. The clarification provided by WECC adequately addresses the
Commission's concerns. Accordingly, the Commission finds that IRO-006-
WECC-1 represents an improvement to reliability.

III. Information Collection Statement

    29. The following collections of information contained in this
Reliability Standard have been submitted to the Office of Management
and Budget (OMB) for review under section 3507(d) of the Paperwork
Reduction Act of 1955.\17\ OMB's regulations require OMB to approve
certain information collection requirements imposed by agency rule.\18\
---------------------------------------------------------------------------

    \17\ 44 U.S.C. 3507(d).
    \18\ 5 CFR 1320.11.
---------------------------------------------------------------------------

    30. The Commission solicited comments on the burden to implement
IRO-006-WECC-1 which, rather than creating entirely new requirements,
instead modifies the existing regional Reliability Standard governing
qualified transfer path unscheduled flow relief and thus imposes a
minimal additional burden on the affected entities. The Commission
received no comments as to the issue of reporting burden estimates. The
Commission has not directed any modifications to the Requirements of
the Reliability Standard being approved. Thus this Final Ruled does not
materially or adversely affect the burden estimates provided in the
NOPR.
    31. Burden Estimate: The burden for the requirements in this final
rule follow:

----------------------------------------------------------------------------------------------------------------
                                                     Number of       Number of       Hours per     Total annual
            Data collection FERC-725E               respondents      responses       response          hours
----------------------------------------------------------------------------------------------------------------
35 Balancing Authorities and 1 Reliability                    36               1               1              36
 Coordinator--Reporting Requirement.............
35 Balancing Authorities and 1 Reliability                    36               1               1              36
 Coordinator--Recordkeeping Requirement.........
                                                 ---------------------------------------------------------------
    Total.......................................  ..............  ..............  ..............              72
----------------------------------------------------------------------------------------------------------------

    Total Annual hours for Collection: 36 reporting +36 recordkeeping =
72 hours.
    Reporting = 36 hours @ $120/hour = $4320.
    Recordkeeping = 36 hours @ $40/hour = $1440.
    Total Costs = Reporting ($4320) + Recordkeeping ($1440) = $5760.
    Title: FERC 725E, Mandatory Reliability Standards for the Western
Electric Coordinating Council.
    Action: Proposed collection of information.
    OMB Control No: 1902-0246.
    Respondents: Balancing Authorities and Reliability Coordinator in
the Western Electricity Coordinating Council.
    Frequency of Responses: On Occasion.
    Necessity of the Information: This Final Rule would approve a
revised Reliability Standard modifying the existing requirement for
entities to respond to requests for curtailment. The proposed
Reliability Standard requires entities to maintain documentation
evidencing their response to such requests.
    Internal review: The Commission has reviewed the requirements
pertaining to proposed regional Reliability Standard IRO-006-WECC-1 and
believes it to be just, reasonable, not unduly discriminatory or
preferential, and in the public interest. These requirements conform to
the Commission's plan for efficient information collection,
communication and management within the energy industry. The Commission
has assured itself, by means of internal review, that there is
specific, objective support for the burden estimates associated with
the information requirements.
    32. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, Phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>Comments on the requirements of this
Final Rule may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by e-mail to OMB at: oira
<EMAIL_ADDRESS>Please reference OMB Control Number 1902-0246
and the docket number of this final rulemaking in your submission.

IV. Environmental Analysis

    33. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\19\ The
action taken in the Final Rule fall within the categorical exclusion in
the Commission's regulations for rules that are clarifying, corrective
or procedural, for information gathering, analysis, and
dissemination.\20\ Accordingly, neither an environmental impact
statement nor an environmental assessment is required.
---------------------------------------------------------------------------

    \19\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \20\ 18 CFR 380.4(a)(5).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    34. The Regulatory Flexibility Act of 1980 (RFA) \21\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on a substantial number of small
entities. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\22\
The SBA has established a size standard for electric utilities, stating
that a firm is small if, including its affiliates, it is primarily
engaged in the transmission, generation and/or distribution of electric
energy for sale and its total electric output for the preceding twelve
months did not exceed four million megawatt hours.\23\
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 601-612.
    \22\ 13 CFR 121.101.
    \23\ 13 CFR 121.201, Sector 22, Utilities & n. 1.
---------------------------------------------------------------------------

    35. Most of the entities (i.e., reliability coordinators and
balancing authorities) to which the requirements of this Rule would
apply do not fall within the definition of small entities. The
Commission estimates that only 2-4 of the 35 balancing authorities are
small and that the economic impact on each of these is $160 per year.
The Commission does not consider this to be a significant economic
impact. Based on the foregoing, the Commission certifies that this Rule
will not have a significant impact on a substantial number of small
entities. Accordingly, no regulatory flexibility analysis is required.

VI. Document Availability

    36. 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 FERC's Home Page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
    37. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    38. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>
VII. Effective Date and Congressional Notification

    39. These regulations are effective May 24, 2011. The Commission
notes

that although the determinations made in this Final Rule are effective
May 24, 2011, regional Reliability Standard IRO-006-WECC-1 approved in
this Final Rule will not become effective until the first day of the
first quarter after applicable regulatory approval. The Commission has
determined, with the concurrence of the Administrator of the Office of
Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.

    By the Commission.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7040 Filed 3-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7761-7762]
[DOCID:fr14fe06-52]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2216-066]

New York Power Authority; Notice of Application Ready for
Environmental Analysis, and Soliciting Comments, Terms and Conditions,
Recommendations, and Prescriptions

February 7, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: P-2216-066.
    c. Date Filed: August 18, 2005.
    d. Applicant: New York Power Authority.
    e. Name of Project: Niagara Power Project, which consists of the
Lewiston Pump Generating Plant and the Robert Moses Niagara Power
Plant.
    f. Location: The Niagara Power Project is located on the Niagara
River in the City of Niagara Falls and the Towns of Niagara and
Lewiston, in Niagara County, New York.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Frederick E. Chase, Executive Director of
Hydropower Relicensing, Power Authority of the State of New York, 30
South Pearl Street, Albany, NY 12207-3425,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    i. FERC Contact: Steve Kartalia,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Deadline for filing comments, terms and conditions,
recommendations, and prescriptions: 60 days from the issuance of this
notice. All reply comments must be filed with the Commission within 105
days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Comments, terms and conditions, recommendations, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``eFiling'' link.

    k. This application has been accepted and is now ready for
environmental analysis.
    l. Description of Project: The existing project has a conventional
development and a pumped storage development for a total current
installed capacity of 2,538 megawatts (based on currently completed
upgrades). Existing project facilities include: (a) Two 700-foot-long
intake structures located on the upper Niagara River about 2.6 miles
upstream from the American Falls; (b) two 4.3-mile-long concrete
underground water supply conduits, each measuring 46 feet wide by 66.5
feet high; (c) a forebay; (d) the Lewiston Pump-Generating Plant,
measuring 975 feet long by 240 feet wide by 160 feet high; (e) the
1,900-acre Lewiston Reservoir at a maximum water surface elevation of
658 feet United States Lake Survey Datum; (f) the Robert Moses Niagara
power plant, including an intake structure, measuring 1,100 feet long
by 190 feet wide by 100 feet high; (g) a switch yard; and (h)
appurtenant facilities.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances

related to this or other pending projects. For assistance, contact FERC
Online Support.
    All filings must (1) Bear in all capital letters the title
``COMMENTS;'' ``REPLY COMMENTS'', ``RECOMMENDATIONS'', ``TERMS AND
CONDITIONS'', or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accomplished by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    n. Procedural schedule and final amendments: At this time we
anticipate preparing a draft environmental impact statement (DEIS).
Recipients will have 45 days to provide the Commission with any written
comments on the DEIS. All comments filed with the Commission will be
considered in the final environmental impact statement (FEIS). The
application will be processed according to the following Hydro
Licensing Schedule. Revisions to the schedule will be made as
appropriate.
    Notice of the Availability of the DEIS: June 2006.
    Notice of the Availability of the FEIS: November 2006.
    Ready for Commission's decision on the application: February 2007.
    Final amendments to the application must be filed with the
Commission no later than 60 days from the issuance date of this notice.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-2037 Filed 2-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5087-5089]
[FR Doc No: 2019-02751]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0013]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Sanitary Transportation of Human and Animal Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection requirements
associated with the sanitary transportation of human and animal food.

DATES: Submit either electronic or written comments on the collection
of information by March 22, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 22, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 22, 2019. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

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-2013-N-0013 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Sanitary Transportation of Human
and Animal Food.'' 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.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the

information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

Sanitary Transportation of Human and Animal Food--21 CFR 1.900

OMB Control Number 0910-0773--Extension

    This information collection supports FDA regulations regarding the
sanitary transportation of human and animal food. The regulations are
intended to focus on preventing food safety problems throughout the
food chain and were issued under the Sanitary Food Transportation Act
of 2005 (2005 SFTA), and the FDA Food Safety Modernization Act, enacted
in 2011. The 2005 SFTA amended the Federal Food, Drug, and Cosmetic Act
(FD&C Act), in part, by creating section 416 (21 U.S.C. 350e), which
directs us to issue regulations to require shippers, carriers by motor
vehicle or rail vehicle, receivers, and other persons engaged in the
transportation of food to use prescribed sanitary transportation
practices to ensure that food is not transported under conditions that
may render the food adulterated. Section 416 also directs that we
prescribe appropriate human and animal food transportation practice
requirements relating to: (1) Sanitation; (2) packaging, isolation, and
other protective measures; (3) limitations on the use of vehicles; (4)
information to be disclosed to carriers and to manufacturers; and (5)
recordkeeping.
    In addition, the 2005 SFTA created section 402(i) of the FD&C Act
(21 U.S.C. 342(i)), which provides that food that is transported or
offered for transport by a shipper, carrier by motor vehicle or rail
vehicle, receiver, or any other person engaged in the transportation of
food under conditions that are not in compliance with the regulations
issued under section 416 is adulterated and section 301(hh) of the FD&C
Act (21 U.S.C. 331(hh)), which prohibits the failure by a shipper,
carrier by motor vehicle or rail vehicle, receiver, or any other person
engaged in the transportation of food to comply with the regulations
issued under section 416.
    The 2005 SFTA also amended section 703 of the FD&C Act (21 U.S.C.
373) by providing that a shipper, carrier by motor vehicle or rail
vehicle, receiver, or other person subject to section 416 shall, on
request of an officer or employee designated by FDA, permit the officer
or employee, at reasonable times, to have access to and to copy all
records that are required to be kept under the regulations issued under
section 416.
    Accordingly, we issued regulations in 21 CFR 1.900 that establish
requirements for the sanitary transportation of human and animal food,
as well as procedures for respondents who wish to request a waiver for
any requirement.
    We estimate the burden of the information collection as follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
           21 CFR section; activity               Number of      records per    Total annual        Average burden per recordkeeping        Total hours
                                                recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.912; Record retention......................       1,502,032               1       1,502,032  0.083 (5 minutes)........................         124,669
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We estimate an annual recordkeeping burden of 124,669 hours,
consistent with the estimate found in our 2016 Final Regulatory Impact
Analysis and used to establish the information collection. This assumes
1,502,032 workers will spend an average of 5 minutes on activities
related to the record retention requirements under 21 CFR 1.912. We
expect these activities will likely include documenting procedures and
training, as well as sanitary transportation operations and
specification requirements.

                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                      21 CFR section; activity                          Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.914; Waiver petitions............................................               2                1                2               24               48
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We estimate one waiver petition from each of two firms will be
submitted and respondents will spend 24 hours to prepare and submit the
petition to FDA.

                                               Table 3--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                      21 CFR section; activity                          Number of     disclosures per    Total annual    Average burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.908; Disclosure of sanitary specifications; operating temperature             226                1              226         * 0.5833              132
 conditions........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
* ~35 mins.

    Finally, we estimate an annual third-party disclosure burden of 132
hours, consistent with the currently approved burden estimate for this
collection of information. We assume each of 226 firms will spend an
average of 35 minutes, annually, disclosing written records as required
under 21 CFR 1.908.
    Cumulatively, we have reduced our burden estimate for the
information collection. We made this adjustment to reflect the removal
of one-time burden associated with implementation of the new regulatory
requirements. Because these provisions have since become effective, the
one-time estimates previously included have been removed.

    Dated: February 13, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-02751 Filed 2-19-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Page 75229]
[FR Doc No: 2014-29269]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver for Aeronautical Land-Use Assurance at
New Braunfels Regional Airport, New Braunfels, TX

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent for waiver of aeronautical land-use.

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

SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of the airport from aeronautical use to
nonaeronautical use and to authorize the conversion of the airport
property. The proposal consists of one parcel of land containing a
total of approximately 3.09 acres located on the east side of the
airport, along FM 758.
    The parcel was originally acquired as federal surplus property in
1969. The land comprising this parcel is outside the forecasted need
for aviation development and, thus, is no longer needed for indirect or
direct aeronautical use. The airport wishes to develop this land for
compatible commercial, nonaeronautical use. The income from the
conversion of this parcel will benefit the aviation community by
reinvestment in the airport.
    Approval does not constitute a commitment by the FAA to financially
assist in the conversion of the subject airport property nor a
determination of eligibility for grant-in-aid funding from the FAA. The
disposition of proceeds from the conversion of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999. In accordance with Section 47107(h) of Title 49, United
States Code, this notice is required to be published in the Federal
Register 30 days before modifying the land-use assurance that requires
the property to be used for an aeronautical purpose.

DATES: Comments must be received on or before January 16, 2015.

ADDRESSES: Send comments on this document to Mr. Edward N. Agnew,
Federal Aviation Administration, Manager, Texas Airports Development
Office, 2601 Meacham Boulevard, Fort Worth, TX 76137.

FOR FURTHER INFORMATION CONTACT: Mr. Vinicio Llerena, Airport Director,
City of New Braunfels, 2333 FM 758, New Braunfels, TX 78130, telephone
(830) 221-4295, or Mr. Anthony Mekhail, Federal Aviation
Administration, Texas Airports Development Program Manager, 2601
Meacham Boulevard, Fort Worth, TX 76137, telephone<PHONE_NUMBER>, FAX
(817) 222-5989. Documents reflecting this FAA action may be reviewed at
the above locations.

    Issued in Fort Worth, Texas, on December 5, 2014.
Edward N. Agnew,
Acting Manager, Airports Division, FAA, Southwest Region.
[FR Doc. 2014-29269 Filed 12-16-14; 8:45 am]
BILLING CODE P