[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50142-50145]
[FR Doc No: 2023-16303]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2287-053, Project No. 2288-057, Project No. 2300-052,
Project No. 2311-067, Project No. 2326-054, Project No. 2327-047,
Project No. 2422-058, Project No. 2423-031]

Central Rivers Power NH, LLC, Great Lakes Hydro America, LLC;
Notice of Applications Accepted for Filing, Soliciting Motions To
Intervene and Protests, Ready for Environmental Analysis, and
Soliciting Comments, Recommendations, Preliminary Terms and Conditions,
and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Applications: New Major Licenses
    b. Project Nos.: 2287-053, 2288-057, 2300-052, 2311-067, 2326-054,
2327-047, 2422-058, 2423-031
    c. Dates filed: 2287-053, 2288-057: July 28, 2022. Supplemented on
April 12 and July 14, 2023.
    2300-052, 2311-067, 2326-054, 2327-047, 2422-058, 2423-031: August
1, 2022. Supplemented on April 12 and July 14, 2023.
    d. Applicants: Central Rivers Power NH, LLC and Great Lakes Hydro
America, LLC
    e. Names of Projects: J. Brodie Smith, Gorham, Shelburne, Upper
Gorham, Cross Power, Cascade, Sawmill, and Riverside Hydroelectric
Projects
    f. Location: On the Androscoggin River, in Coos County, New
Hampshire.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)--825(r).
    h. Applicant Contacts: Mr. Curtis R. Mooney, Project Manager,
Central Rivers Power NH, LLC, 59 Ayers Island Road, Bristol, New
Hampshire 03222,<PHONE_NUMBER>, Mr. Luke Anderson, Great Lakes Hydro
America, LLC, Brookfield Renewable, 150 Main St., Lewiston, Maine,
04240,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Ryan Hansen at<PHONE_NUMBER> or email at
[email protected].
    j. Deadline for filing motions to intervene and protests, comments,

recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
FERCOnline[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Submissions sent via any other
carrier must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852. All filings must clearly identify the project name and docket
number on the first page: J. Brodie Smith (2287-053), Gorham (2288-
057), Shelburne (2300-052), Upper Gorham (2311-067), Cross Power (2326-
054), Cascade (2327-047), Sawmill (2422-058), and/or Riverside (2423-
031) Hydroelectric Projects.
    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 commentor documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. These applications have been accepted for filing and are now
ready for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on
April 20, 2022, revising the regulations under 40 CFR parts 1502, 1507,
and 1508 that Federal agencies use to implement the National
Environmental Policy Act (NEPA) (see National Environmental Policy Act
Implementing Regulations Revisions, 87 FR 23,453-70). The final rule
became effective on May 20, 2022. Commission staff intends to conduct
its NEPA review in accordance with CEQ's new regulations.
    l. Project Descriptions:
    J. Brodie Smith: The existing J. Brodie Smith Hydroelectric Project
consists of: (1) a 500-foot-long masonry and concrete U-shaped gravity
dam with a maximum height of 24 feet that includes: (a) a 170-foot-long
spillway with a crest elevation of 1003 feet and topped with 6.7-foot-
high hinged steel flashboards and two 17-foot-high, 25-foot-wide steel
roller-type sluice gates with a sill elevation of 993 feet; (b) a 256-
foot-long spillway with a crest elevation of 1006.7 feet and topped
with 3-foot-high pin supported wooden flashboards; and (c) two waste
gates located immediately to the west of an opening in the flashboards;
(2) an impoundment with a surface area of 8 acres at a normal headwater
elevation of 1009.7 feet; (3) an intake structure consisting of a 500-
foot-long by 100-foot-wide power canal fitted with trashracks; (4) a
1,440-foot-long, 18-foot-diameter steel penstock; (5) a 1.15 million
gallon steel surge tank; (6) a 65-foot-long, 53-foot-wide powerhouse
containing one generating unit with a rated capacity of 15 MW; (7) a
400-foot-long tailrace; (8) a 1,500-foot-long, 115-kV transmission line
conveying power from the powerhouse to the regional grid; and (9)
appurtenant facilities. The project creates an approximately 0.5-mile-
long bypassed reach of the Androscoggin River.
    Gorham: The existing Gorham Hydroelectric Project consists of: (1)
a 417-foot-long, 20-foot-high timber crib, L-shaped dam that includes:
(a) a 90-foot-long spillway topped with a 12-inch-long, 12-inch-wide
wooden flashboard with a crest elevation of 772.2 feet (b) a 252-foot-
long spillway topped with 5.4-foot-high hinged wooden flashboards; (c)
a 15-foot-wide sluice gate; and (d) a 75-foot-long reinforced concrete
sluiceway topped with 5.33 foot-high hinged wooden flashboards; (2) an
impoundment with a surface area of 32 acres; (3) a 415-foot-long, 60-
foot-wide, 20-foot-deep earthen power canal conveying flow from the
impoundment to the powerhouse; (4) a 37.8-foot-long, 27.1-foot-wide
powerhouse containing two vertical Francis turbines and two generators
with a total installed capacity of 2.15 MW; (5) an 850-foot-long
tailrace; (6) a 200-foot-long, 33-kV transmission line that transmits
power from the powerhouse to a nearby substation; and (6) appurtenant
facilities. The project creates an approximately 850-foot-long bypassed
reach of the Androscoggin River.
    Shelburne: The existing Shelburne Hydroelectric Project consists
of: (1) a 51-foot-long concrete gravity dam that includes: (a) a 70-
foot-long, 3-foot-wide concrete retaining wall along the northern shore
of the Androscoggin River; (b) a 171-foot-long gated spillway section
comprised of an 83-foot-long section with 9-foot-high hinged steel and
wood flashboards; (c) an 88-foot-long section containing three 25-foot-
long, 10-foot-high wastegates separated by 5-foot-wide concrete piers;
and (d) a 27-foot-wide sluiceway ; (2) an impoundment with a surface
area of approximately 250 acres at the normal full pond elevation of
734.2 feet; (3) 259 feet of dikes along the south shore of the
impoundment; (4) a 17-foot-long by 14-foot-wide gate controller
building located on the island adjacent to the sluiceway housing; (5) a
15-foot-long by 112-foot-high intake conveying flow from the
impoundment to the powerhouse fitted with a steel bar trashrack with 3-
inch clear spacing; (6) a 110-foot-long, 48.6-foot-wide powerhouse
integral with the dam containing three turbines and generators a total
installed capacity of 3.72 MW; (7) a 130-foot-long tailrace; (8) a 5.5-
mile-long, 22-kV transmission line conveying power from the powerhouse
to the regional grid; and (9) appurtenant facilities.
    Upper Gorham: The existing Upper Gorham Hydroelectric Project
consists of: (1) a 775-foot-long timber crib and earthen dam that
includes: (a) a western 133-foot-long, earthen dike with concrete core
wall and a crest elevation of 820.0 feet USGS; (b) a 300-foot-long, 18-
foot-high rock-filled timber crib spillway section with 5-foot-high
flashboards; (c) a 122-foot-long headgate section that regulates flow
into the power canal; (d) a 113-foot-long by 16-foot-wide gatehouse
integral with dam; (e) an eastern 220-foot-long earthen dike with
concrete core wall; and (f) a headgate section containing ten 7.5-foot-
wide stoplog gates fitted with trashracks; (2) an impoundment that is
approximately 45 acres at a normal full

pond elevation of 812.3 feet USGS; (3) a 3,350-foot-long, 220-foot-
wide, 18-foot-deep excavated earthen power canal with riprap lining;
(4) a 126-foot-long by 18-foot-wide gatehouse with 14 operable gates
and trashracks with 3-inch clear spacing; (5) a 127-foot-long, 74-foot-
wide, 26-foot-high powerhouse containing four horizontal shaft Francis
turbines and four generators with a total installed capacity of 4.8 MW;
(6) a 370-foot-long tailrace; (7) a 22-kV, 50-foot-long transmission
line transmits power from the powerhouse to three 2500 kVA transformers
sitting on a 46-foot long by 20-foot-wide transformer pad; and (8)
appurtenant facilities. The project creates an approximately 1-mile-
long bypassed reach of the Androscoggin River.
    Cross Power: The existing Cross Power Hydroelectric Project
consists of: (1) an approximately 467-foot-long concrete and rock fill
dam that includes: (a) two concrete non-overflow sections, separated by
an outcropping ledge; (b) a stoplog opening; (c) a 276-foot-long, 25-
foot-high spillway with a crest elevation that ranges from 918.2 feet
to 921.7 feet and topped with 42-inch-high flashboards; (d) a 19-foot-
wide, 124-foot-long gatehouse equipped with a 21.6-feet-wide, 18.4-
feet-high trashrack in each bay; and (e) a concrete retaining wall; (2)
an impoundment with a surface area of 22 acres at a normal full pond
elevation of 921.7 feet USGS; (3) an original 47-foot-wide, 146-foot-
long concrete and brick powerhouse with a 47-foot-wide, 50-foot-long
addition on the downstream shore side that contains five propeller
turbines and five horizontal generators with a combined installed
capacity of 3.22 MW; (4) a 50-foot-long tailrace; (5) a 20-foot-long
transmission line transmitting power from the powerhouse to a 3,750 kVA
transformer located adjacent to the eastern side of the powerhouse; and
(6) appurtenant facilities.
    Cascade: The existing Cascade Hydroelectric Project consists of:
(1) a 583-foot-long concrete gravity dam with a maximum height of 53
feet consisting of: (a) a 313-foot-long spillway section with a crest
elevation of 898.4 feet fitted with 3-foot-high flashboards for a total
elevation of 901.4 feet, and (b) three non-overflow abutment sections
located between the spillway and forebay gate structure on each side of
the dam; (2) an impoundment with a surface area of 28 acres at a normal
full pond elevation of 901.4 feet; (3) an approximately 168-foot long,
15-foot-wide forebay gate structure with fourteen 9-foot-wide, 11-foot-
high wooden forebay gates; (4) a 300-foot-long and 240-foot-wide
forebay with a normal water surface elevation of 901.2 feet; (5) a 4-
foot-wide, 2-inch-long, 6-inch-high sluiceway; (6) a 135-foot-long, 43-
foot-wide, 67-foot-high powerhouse with a 41-foot-long, 16-foot-wide
addition containing three Francis turbines and three generators with a
combined installed capacity of 7.92 MW; (7) a 40-foot-long tailrace;
(8) a 430-foot-long, 22-kV transmission line transmitting power from
the powerhouse to the regional grid; and (9) appurtenant facilities.
The project creates an approximately 350-foot-long bypassed reach of
the Androscoggin River.
    Sawmill: The existing Sawmill Hydroelectric Project consists of:
(1) an approximately 720-foot-long concrete dam with a maximum height
of 15 feet that includes: (a) a 169-foot-long spillway section with a
crest elevation of 1094.1 feet USGS; (b) a 134-foot-long, 22-foot-wide
wastegate section, topped with five 18-foot-wide, 13-foot-high wooden
gates; (c) a 99.4-foot-long, 2-foot-high spillway section with a crest
elevation of 1094.2 feet; (d) a 145-foot-long, 11-foot-high spillway
section topped with permanent 21-inch-high steel flashboards and a
crest elevation of 1093.2 feet; (e) a 36-foot-long, 2-foot-high
spillway section with crest elevation of 1094.2 feet; and (f) a 137-
foot-long spillway section topped with hinged 7.5-foot-high flashboards
and a crest elevation of 1087.0 feet; (2) an impoundment with a surface
area of 72.5 acres at a normal full pond elevation of 1094.5 feet; (3)
a headwork structure including four 9.5-foot-wide, 12-foot-high steel
wheeled gates conveying flow from the impoundment to the powerhouse;
(4) a 115-foot-long, 65-foot-wide, 27-foot-high powerhouse integral to
the western side of the dam containing four turbines and generators
with a total installed capacity of 3.2 MW; (5) a 120-foot-long tailrace
at an elevation of 1077.3 feet conveying flow from the powerhouse back
to the Androscoggin River; (6) a substation located approximately 25
feet west of the powerhouse; (7) an 1,800-foot-long, 22-kilovolt (kV)
transmission line connecting the substation to the regional grid; and
(8) appurtenant facilities. The project creates an approximately 550-
foot-long bypassed reach of the Androscoggin River.
    Riverside: The existing Riverside Hydroelectric Project consists
of: (1) an approximately 846-foot-long, 21-foot-high rock-filled timber
and concrete dam that includes: (a) a 660-foot-long spillway consisting
of a 248-foot-long concrete gravity section with 30-inch-high
flashboards and a crest elevation of 1076.8 feet; (b) a 235-foot-long
concrete gravity section with a maximum height of 20 feet and a crest
elevation of 1076.6 feet; (c) a 177-foot-long timber crib section with
29-inch-high flashboards and a crest elevation of 1076.9 feet; and (d)
an integral 91-foot-long, 33-foot-wide, 54-foot-high gatehouse; (2) an
impoundment with a surface area of 7 acres at a normal full pond
elevation of 1076.8 feet; (3) two 9-foot-high, 16-foot-wide headgates
with trashracks with 2.5 inch spacing; (4) two 1,400-foot-long, 11-
foot-diameter steel penstocks; (5) a 104-foot-long, 51-foot-wide, 80-
foot-tall concrete and brick powerhouse containing two vertical Francis
turbines and accompanying generators rated at 3.8 and 4.1 MW for a
total installed capacity of 7.9 MW; (6) a 40-foot-long tailrace; (7) a
400-foot-long, 22-kV transmission line transmitting power from the
powerhouse to the regional grid; and (8) appurtenant facilities. The
project creates an approximately 2,350-foot-long bypassed reach of the
Androscoggin River.
    m. The application filings may be viewed on the Commission's
website 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. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the application.
    All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY 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

protesting or intervening; 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 the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    o. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of Comments, Recommendations,        September 25, 2023.
 Preliminary Terms and Conditions, and
 Preliminary Fishway Prescriptions.
Filing of Reply Comments..................  November 8, 2023.
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    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. The applicants must file no later than 60 days following the
date of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.

    Dated: July 26, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16303 Filed 7-31-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Notices]
[Page 16031-16033]
[DOCID:fr08ap09-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59685; File No. SR-NYSEAmex-2009-04]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC To Modify Its
Annual Report Distribution Requirements

April 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on March 23, 2009, NYSE Amex LLC (``NYSE Amex'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Exchange has designated this proposal eligible for immediate
effectiveness pursuant to Rule 19b-4(f)(6) \3\ under the Exchange Act.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the requirements of the Company
Guide with respect to the distribution of annual reports. The text of
the proposed rule change is available on the Exchange's Web site
(http://www.nyse.com), at the Exchange's

Office of the Secretary and at the Commission's Public Reference room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. NYSE Amex 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
    Section 610(a) of the Company Guide provides that a listed company
is required to publish and furnish to its shareholders (or to holders
of any other listed security when its common stock is not listed on a
national securities exchange) an annual report containing audited
financial statements prepared in conformity with the requirements of
the SEC. The Exchange interprets this rule as requiring companies to
physically distribute their annual reports to shareholders. The
Exchange proposes to amend this requirement in response to the SEC's
adoption of amendments to its proxy rules to permit the electronic
delivery of financial statements.\4\ Section 610(a) is also amended to
conform its requirements to those of Section 203.01 of the NYSE's
Listed Company Manual.
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    \4\ See Securities Exchange Act Release No. 56135 (July 26,
2007), 72 FR 42221 (August 1, 2007).
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    Under Section 610(a) as amended, any company listed on the Exchange
that is required to file with the SEC an annual report that includes
audited financial statements (including on Forms 10-K, 20-F, 40-F or N-
CSR) will be required to simultaneously make such annual report
available to shareholders of such securities on or through the
company's Web site. A company must also post to its Web site a
prominent undertaking in the English language to provide all holders
(including preferred stockholders and bondholders) the ability, upon
request, to receive a hard copy of the company's complete audited
financial statements free of charge and simultaneously issue a press
release stating that its annual report has been filed with the SEC.
This press release must also specify the company's Web site address and
indicate that shareholders have the ability to receive a hard copy of
the company's complete audited financial statements free of charge upon
request. The company must provide such hard copies within a reasonable
period of time following the request. Moreover, the press release must
be published pursuant to the Exchange's press release policy.\5\
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    \5\ See Section 401 of the Company Guide.
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    A listed company that:
     Is subject to the U.S. proxy rules that provides its
audited financial statements (as included on Forms 10-K, 20-F and 40-F)
to beneficial shareholders in a manner that is consistent with the
physical or electronic delivery requirements applicable to annual
reports set forth in Rules 14a-3 and 14a-16 of the U.S. proxy rules, or
     Is an issuer not subject to the U.S. proxy rules that
provides its audited financial statements (as included on Forms 10-K,
20-F and 40-F) to beneficial shareholders in a manner that is
consistent with the physical or electronic delivery requirements
applicable to annual reports set forth in Rules 14a-3 and 14a-16 of the
U.S. proxy rules, will not be required to issue the press release or
post the undertaking required above.\6\ A company that fails to file
its annual report on Forms 10-K, 20-F, 40-F or N-CSR with the SEC in a
timely manner will be subject to delisting pursuant to Section 1002(d)
of the Company Guide.
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    \6\ The Commission notes that while the Exchange will not have
independent undertakings for companies complying with Rules 14a-3
and 14a-16, these Commission rules do contain their own requirements
for making a hard copy available in addition to other requirements.
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    The Exchange proposes to eliminate the requirement of Section
610(a) that companies must provide three copies of their annual report
to the Exchange. The Exchange relies on the publicly filed annual
report available on EDGAR for all of its regulatory purposes and does
not need to receive physical copies.
    Section 110(a) of the Company Guide sets forth the Exchange's
annual report requirements for foreign companies. Section 110(a)
currently permits foreign companies to follow home country practices
regarding the distribution of annual reports to shareholders, if, at a
minimum, shareholders (i) are provided at least summary annual reports,
including summary financial information, and (ii) have the ability,
upon request, to receive a complete annual report, and the financial
information contained in the summary annual report is reconciled to
U.S. generally accepted accounting principles to the extent that such
reconciliation would be required in the full annual report. The
Exchange proposes to amend Section 110(a) to provide that foreign
companies must comply with the requirements of Section 610(a) as
amended. In doing so, the Exchange is conforming its annual report
requirements applicable to foreign companies to those of the NYSE.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \7\ Exchange Act in general, and furthers the
objectives of Section 6(b)(5) of the Exchange Act \8\\\ in particular
in that it is designed to promote just and equitable principles of
trade, to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The proposed rule change is designed to facilitate compliance
with NYSE Amex rules by aligning NYSE Amex's disclosure requirements
with those of the SEC.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section

19(b)(3)(A) of the Exchange Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Exchange Act, the Exchange is required to give 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 Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Exchange Act \11\ normally does not become operative for 30 days after
the date of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest. In
making this determination, the Commission notes that the NYSE recently
adopted a substantially similar listing requirement governing the
distribution of annual reports,\13\ and the Commission believes that
the NYSE Amex's proposed rule change raises no new regulatory issues.
The Commission also notes that the NYSE's proposal was subject to full
notice and comment, and the Commission received no comments on the
NYSE's rule proposal. In addition, the Commission believes that waiving
the 30-day operative delay will immediately give issuers that have just
filed, or are about to file, their annual reports with the Commission
the option to comply with NYSE Amex's distribution of annual reports
requirement by satisfying the requirements for furnishing an annual
report contained in Rules 14a-3 and 14a-16 under the Exchange Act. For
these reasons, the Commission designates that the proposed rule change
become operative immediately upon filing.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 59123 (December 19,
2008), 73 FR 7991 (December 30, 2008) (SR-NYSE-2008-128).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Exchange Act.

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-NYSEAmex-2009-04 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-NYSEAmex-2009-04. 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-NYSEAmex-2009-04 and should be submitted on or before
April 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7871 Filed 4-7-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Proposed Rules]
[Pages 6468-6469]
[FR Doc No: 2015-02239]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2015-C-0245]

Signature Brands, LLC; Filing of Color Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that we have filed a petition, submitted by Signature Brands, LLC,
proposing that the color additive regulations be amended to provide for
the safe use of mica-based pearlescent pigments in egg decorating kits
for coloring shell eggs.

DATES: The color additive petition was filed on December 22, 2014.

FOR FURTHER INFORMATION CONTACT: Ellen Anderson, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379e(d)(1)), we are giving notice
that we have filed a color additive petition (CAP 5C0301), submitted by
Signature Brands, LLC, c/o Keller and Heckman, LLP, 1001 G Street NW.,
Suite 500 West, Washington, DC 20001. The petition proposes to amend
the color additive regulations in Sec.  73.350 Mica-based pearlescent
pigments (21 CFR 73.350), to provide for the safe use of mica-based
pearlescent pigments in egg decorating kits for coloring shell eggs.
    We have determined under 21 CFR 25.32(r) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

    Dated: January 30, 2015.
Dennis M. Keefe,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. 2015-02239 Filed 2-4-15; 8:45 am]
BILLING CODE P


[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Notices]
[Page 29667]
[FR Doc No: 2012-12164]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Blood Products Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). At least one
portion of the meeting will be closed to the public.
    Name of Committee: Blood Products Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 12, 2012, from 12
p.m. to 4:30 p.m.
    Location: National Institutes of Health (NIH), Bldg. 29, Conference
Room 121, 9000 Rockville Pike, Bethesda, MD 20892. The public is
welcome to attend the meeting at the specified location where a
speakerphone will be provided. Public participation in the meeting is
limited to the use of the speakerphone in the conference room.
Important information about transportation and directions to the NIH
campus, parking, and security procedures is available on the Internet
at http://www.nih.gov/about/visitor/index.htm. Visitors must show two
forms of identification, one of which must be a government-issued photo
identification such as a Federal employee badge, driver's license,
passport, green card, etc. Detailed information about security
procedures is located at http://www.nih.gov/about/visitorsecurity.htm.
Due to the limited available parking, visitors are encouraged to use
public transportation.
    Contact Person: LCDR Bryan Emery or Rosanna Harvey, Center for
Biologics Evaluation and Research (HFM-71), Food and Drug
Administration, 1401 Rockville Pike, Rockville, MD 20852,<PHONE_NUMBER>,
or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-
0572 in the Washington, DC area), to find out further information
regarding FDA advisory committee information. A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
Agency's Web site and call the advisory committee information line, or
visit our Web site at http://www.fda.gov/AdvisoryCommittees/default.htm
to learn about possible modifications before coming to the meeting.
    Agenda: On June 12, 2012, the Committee will meet in open session
to hear updates on the research programs of the Laboratory of Emerging
Pathogens and the Laboratory of Bacterial and Transmissible Spongiform
Encephalopathy Agents, Division of Emerging and Transfusion Transmitted
Diseases, Office of Blood Research and Review, Center for Biologics
Evaluation and Research, FDA.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: On June 12, 2012, from 12 p.m. to approximately 3:45
p.m., the meeting is open to the public. Interested persons may present
data, information, or views, orally or in writing, on issues pending
before the committee. Written submissions may be made to the contact
person on or before June 1, 2012. Oral presentations from the public
will be scheduled between approximately 2:30 p.m. and 3:30 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before May
24, 2012. Time allotted for each presentation may be limited. If the
number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by May 25, 2012.
    Closed Committee Deliberations: On June 12, 2012, from
approximately 3:45 p.m. to 4:30 p.m., the meeting will be closed to
permit discussion where disclosure would constitute a clearly
unwarranted invasion of personal privacy (5 U.S.C. 552b(c)(6)). The
committee will discuss the site visit report of the intramural research
programs and make recommendations regarding personnel staffing
decision.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact LCDR Bryan Emery or
Rosanna Harvey at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 15, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-12164 Filed 5-17-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Page 35864]
[FR Doc No: 2017-16107]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81211; File No. SR-FICC-2017-010]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Withdrawal of a Proposed Rule Change To Amend the Mortgage-
Backed Securities Division Rules Concerning Use of Clearing Fund for
Losses, Liabilities or Temporary Needs for Funds Incident to the
Clearance and Settlement Business and Make Other Related Changes

July 26, 2017.
    On April 11, 2017, Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-FICC-2017-010 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ According to FICC, FICC proposed to amend FICC's
Mortgage-Backed Securities Division (``MBSD'') Clearing Rule 4, Section
5 to (i) delete language that would potentially limit FICC's access to
MBSD clearing fund cash and collateral to address losses, liabilities,
or temporary needs for funds incident to its clearance and settlement
business and (ii) make additional changes to correct grammar errors,
delete superfluous words and otherwise align the text of MBSD Rule 4,
Section 5 to the text of FICC's Government Securities Division
(``GSD'') Rulebook Rule 4, Section 5. The proposed rule change was
published for comment in the Federal Register on April 28, 2017.\3\ On
June 7, 2017, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ The Commission did not receive any comments on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 80517 (April 24, 2017),
82 FR 19771 (April 28, 2017) (SR-FICC-2017-010) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
    \5\ Securities Exchange Act Release No. 80879 (June 7, 2017), 82
FR 27090 (June 13, 2017) (SR-FICC-2017-010).
---------------------------------------------------------------------------

    On June 21, 2017, FICC filed a withdrawal of its proposed rule
change (SR-FICC-2017-010) from consideration by the Commission. The
Commission is hereby publishing notice of the withdrawal.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16107 Filed 7-31-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Proposed Rules]
[Page 50955-50958]
[DOCID:fr18au10-40]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1066]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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

SUMMARY: On September 8, 2009, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in lieu of the information
published at 74 FR 46047. The table provided here represents the
flooding sources, location of referenced elevations, effective and
modified elevations, and communities affected for York County, Maine
(All Jurisdictions). Specifically, it addresses the following flooding
sources: Atlantic Ocean, Bonny Eagle Pond, Cape Porpoise Harbor,
Cleaves Cove, Coffin Brook, Coffin Brook Tributary 1, Driscoll Brook,
Ferguson Brook, Goosefare Brook, Great East Lake, Jones Brook
(backwater effects from Scarborough River), Keay Brook, Kennebunk
River, Little Ossipee River, Little River, Little River (backwater
effects from Scarborough River), Mill Brook (backwater effects from
Scarborough River), Mousam River, Mulloy Brook, Piscataqua River,
Portsmouth Harbor, Province Lake, Saco River, Salmon Falls River,
Sampson Cove, Spruce Creek, Stump Pond, The Pool, Worster Brook, and
Worster Brook Tributary 3.

DATES: Comments are to be submitted on or before November 16, 2010.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1066, to Roy E. Wright, Deputy Director, Risk Analysis Division,
Federal Insurance and Mitigation Administration, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3461 or (e-mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER> or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs,
together with the floodplain management criteria required by 44 CFR
60.3, are minimum requirements. They should not be construed to mean
that the community must change any existing ordinances that are more
stringent in their floodplain management requirements. The community
may at any time enact stricter requirements of its own or pursuant to
policies established by other Federal, State, or regional entities.
These proposed elevations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after these
elevations are made final, and for the contents in those buildings.

Corrections

    In the proposed rule published at 74 FR 46047 in the September 8,
2009, issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table entitled ``York County, Maine (All
Jurisdictions)'' addressed the following flooding sources: Atlantic
Ocean, Cape Porpoise Harbor, Cleaves Cove, Coffin Brook, Coffin Brook
Tributary 1, Driscoll Brook, Ferguson Brook, Goosefare Brook, Keay
Brook, Kennebunk River, Little River, Mulloy Brook, Piscataqua River
(Town of Kittery), Portsmouth Harbor, Saco River, Sampson Cove, Spruce
Creek, The Pool, Worster Brook, and Worster Brook Tributary 3. That
table contained inaccurate information as to the location of referenced
elevations, effective and modified elevations in feet, or communities
affected for the flooding sources ``Little River'' and ``Piscataqua
River.'' In addition, it did not include the following flooding
sources: Bonny Eagle Pond, Great East Lake, Jones Brook (backwater
effects from Scarborough River), Little Ossipee River, Little River
(backwater effects from Scarborough River), Mill Brook (backwater
effects from Scarborough River), Mousam River, Piscataqua River (Town
of Eliot), Province Lake, Salmon Falls River, and Stump Pond. In this
notice, FEMA is publishing a table containing the accurate information,
to address these prior errors. The information provided below should be
used in lieu of that previously published.

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                             elevation            Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                     York County, Maine (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Atlantic Ocean......................  Along the shoreline, at          +11          +12  City of Biddeford, Town
                                       the intersection of                                of Kennebunk, Town of
                                       Great Hill Road and                                Kennebunkport, Town of
                                       Sand Dollar Lane.                                  Kittery, Town of
                                                                                Ogunquit, Town of Old
                                                                                Orchard Beach, Town of
                                                                                Wells, Town of York.

                                      Along the shoreline,             +14          +33
                                       approximately 230 feet
                                       east of the
                                       intersection of Ocean
                                       View Lane and Ontio
                                       Way.
Bonny Eagle Pond....................  Entire shoreline within         None         +268  Town of Buxton.
                                       the Town of Buxton.
Cape Porpoise Harbor................  Along the shoreline, at           +8           +9  Town of Kennebunkport.
                                       the intersection of
                                       Paddy Creek Road and
                                       Paddy Creek Hill Road.
                                      Along the shoreline,             +13          +17
                                       approximately 330 feet
                                       east of the terminus
                                       of Harbor Drive.
Cleaves Cove........................  Along the shoreline,            None          +13  Town of Kennebunkport.
                                       approximately 400 feet
                                       from the intersection
                                       of Turbats Creek Road
                                       and Field Point Road.
                                      Along the shoreline, at          +13          +22
                                       the terminus of
                                       Halcyon Drive.
Coffin Brook........................  Just upstream of the            None         +133  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Approximately 1.63 mile         None         +254
                                       upstream of the
                                       confluence with
                                       Worster Brook.
Coffin Brook Tributary 1............  Just upstream of the            None         +141  Town of Berwick.
                                       confluence with Coffin
                                       Brook.
                                      Just downstream of              None         +320
                                       Cemetery Road.
Driscoll Brook......................  Approximately 465 feet          None          +85  Town of Berwick, Town
                                       east of the                                        of South Berwick.
                                       intersection of State
                                       Route 236 and railroad.
                                      Just downstream of              None         +159
                                       Blackberry Hill Road.
Ferguson Brook......................  Just upstream of the            None         +117  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Just downstream of              None         +326
                                       Cemetery Road.
Goosefare Brook.....................  Along the shoreline, at           +8           +9  Town of Old Orchard
                                       the intersection of                                Beach.
                                       Royal Street and
                                       Massachusetts Avenue.
                                      Along the shoreline, at         None          +15
                                       the intersection of
                                       New Salt Road and
                                       Grand Avenue.
Great East Lake.....................  Entire shoreline within         None         +575  Town of Acton.
                                       the Town of Acton.
Jones Brook (backwater effects from   From the Cumberland               +7           +9  Town of Old Orchard
 Scarborough River).                   County boundary to                                 Beach.
                                       approximately 0.7 mile
                                       upstream of the
                                       Cumberland County
                                       boundary.
Keay Brook..........................  Just upstream of the            None         +186  Town of Berwick.
                                       confluence with the
                                       Salmon Falls River..
                                      Approximately 890 feet          None         +250
                                       south of the terminus
                                       of Richardson Drive.
Kennebunk River.....................  Approximately 340 feet          None           +9  Town of Arundel.
                                       south of the terminus
                                       of Old Boston Road.
Little Ossipee River................  Approximately 0.6 mile          None         +287  Town of Hollis.
                                       upstream of Sand Pond
                                       Road.
                                      Approximately 0.9 mile          None         +287
                                       upstream of Sand Pond
                                       Road.
Little River........................  Just upstream of the            None         +183  Town of Berwick, Town
                                       confluence with the                                of North Berwick.
                                       Salmon Falls River.
                                      Just upstream of the            None         +249
                                       intersection of Little
                                       River Road and Dark
                                       Hollow Lane.
Little River (backwater effects from  From the confluence               +7           +9  Town of Old Orchard
 Scarborough River).                   with Mill Brook to                                 Beach.
                                       approximately 1.4 mile
                                       upstream of the
                                       confluence with Mill
                                       Brook.
Mill Brook (backwater effects from    From the confluence               +7           +9  Town of Old Orchard
 Scarborough River).                   with Jones Brook to                                Beach.
                                       approximately 0.8 mile
                                       upstream of the
                                       confluence with Jones
                                       Brook.
Mousam River........................  Approximately 1,900             None           +9  Town of Kennebunk.
                                       feet downstream of
                                       Main Street (U.S.
                                       Route 1).
                                      Approximately 1,000             None          +89
                                       feet upstream of Mill
                                       Street.
Mulloy Brook........................  Just upstream of the            None         +142  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Approximately 1.1 mile          None         +304
                                       upstream of the
                                       confluence with
                                       Worster Brook.
Piscataqua River....................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 270 feet
                                       south of the
                                       intersection of
                                       Langston Street and
                                       Prince Avenue.
                                      Along the shoreline,              +8          +14
                                       approximately 560 feet
                                       west of the
                                       intersection of
                                       Langston Street and
                                       Prince Avenue.
Piscataqua River....................  Just upstream of I-95,            +8           +9  Town of Eliot.
                                       at the confluence with
                                       Spinney Creek.
                                      Approximately 100 feet            +8           +9
                                       downstream of Leach
                                       Road.
Portsmouth Harbor...................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 165 feet
                                       east of the
                                       intersection of Haley
                                       Road and Pepperrell
                                       Road.
                                      Along the shoreline,             +14          +22
                                       approximately 390 feet
                                       east of the
                                       intersection of
                                       Bellamy Lane and
                                       Pepperrell Road.
Province Lake.......................  Entire shoreline within         None         +481  Town of Parsonsfield.
                                       the Town of
                                       Parsonsfield.

Saco River..........................  Along the shoreline, at           +8           +9  City of Biddeford.
                                       the terminus of
                                       Crestwood Drive.
                                      Along the shoreline, at          +13          +16
                                       the terminus of
                                       Reserved Lane.
Salmon Falls River..................  Approximately 2.7 miles         None         +420  Town of Acton.
                                       upstream of New Bridge
                                       Road, at the corporate
                                       limits.
                                      Just downstream of              None         +511
                                       State Route 109.
Sampson Cove........................  Along the shoreline,              +8          +14  Town of Kennebunkport.
                                       approximately 1,200
                                       feet east of the
                                       intersection of
                                       Marshall Point Road
                                       and Mills Road.
                                      Along the shoreline,             +15          +17
                                       approximately 720 feet
                                       east of the
                                       intersection of
                                       Fishers Lane and
                                       Agamenticus Avenue.
Spruce Creek........................  Along the shoreline,              +8           +9  Town of Kittery.
                                       approximately 920 feet
                                       north of the
                                       intersection of
                                       Whipple Road and
                                       Newson Avenue.
                                      Along the shoreline,              +8          +13
                                       approximately 920 feet
                                       north of the
                                       intersection of
                                       Whipple Road and
                                       Newson Avenue.
Stump Pond..........................  Entire shoreline within         None         +559  Town of Newfield.
                                       the Town of Newfield..
The Pool............................  Along the shoreline,            None           +9  City of Biddeford.
                                       approximately 560 feet
                                       from the intersection
                                       of Days Landing and
                                       Dory Lane.
                                      Along the shoreline,              +8          +11
                                       approximately 490 feet
                                       from the intersection
                                       of Winter Harbor Lane
                                       and Bridge Road.
Worster Brook.......................  Just upstream of the            None          +76  Town of Berwick.
                                       confluence with the
                                       Salmon Falls River.
                                      Approximately 5.8 miles         None         +228
                                       upstream of the
                                       confluence with the
                                       Salmon Falls River.
Worster Brook Tributary 3...........  Just upstream of the            None         +194  Town of Berwick.
                                       confluence with
                                       Worster Brook.
                                      Just downstream of              None         +310
                                       Thompson Hill Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Biddeford
Maps are available for inspection at City Hall, 205 Main Street, Biddeford, ME 04005.

Town of Acton
Maps are available for inspection at 35 H Road, Acton, ME 04001.

Town of Arundel
Maps are available for inspection at the Town Hall, 468 Limerick Road, Arundel, ME 04046.

Town of Berwick
Maps are available for inspection at the Town Hall, 11 Sullivan Square, Berwick, ME 03901.

Town of Buxton
Maps are available for inspection at the Town Hall, 185 Portland Road, Buxton, ME 04093.

Town of Eliot
Maps are available for inspection at the Town Hall, 1333 State Road, Eliot, ME 03903.

Town of Hollis
Maps are available for inspection at the Town Hall, 34 Town Farm Road, Hollis, ME 04042.

Town of Kennebunk
Maps are available for inspection at the Town Hall, 1 Summer Street, Kennebunk, ME 04043.

Town of Kennebunkport
Maps are available for inspection at the Town Hall, 6 Elm Street, Kennebunkport, ME 04046.

Town of Kittery
Maps are available for inspection at the Town Hall, 200 Rogers Road, Kittery, ME 03904.

Town of Newfield
Maps are available for inspection at 637 Water Street, West Newfield, ME 04095.

Town of North Berwick

Maps are available for inspection at the Town Hall, 21 Main Street, North Berwick, ME 03906.

Town of Ogunquit
Maps are available for inspection at the Town Hall, 23 School Street, Ogunquit, ME 03907.

Town of Old Orchard Beach
Maps are available for inspection at the Town Hall, 1 Portland Avenue, Old Orchard Beach, ME 04064.

Town of Parsonsfield
Maps are available for inspection at the Town Hall, 62 Federal Road, Parsonsfield, ME 04047.

Town of South Berwick
Maps are available for inspection at the Town Hall, 180 Main Street, South Berwick, ME 03908.

Town of Wells
Maps are available for inspection at the Town Hall, 208 Sanford Road, Wells, ME 04090.

Town of York
Maps are available for inspection at the Town Hall, 186 York Street, York, ME 03909.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 10, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-20410 Filed 8-17-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Proposed Rules]
[Pages 54672-54674]
[FR Doc No: 2014-21763]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0624 Directorate Identifier 2014-NM-005-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 717-200 airplanes; Model DC-10-10, DC-10-10F,
DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40 and DC-10-
40F airplanes; Model MD-10-10F and MD-10-30F airplanes; Model DC-9-81
(MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87)
airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes. This
proposed AD was prompted by reports of latent air data transducer
degradation. This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate special compliance
items (SCIs). We are proposing this AD to prevent erroneous air data
information, which could lead to a mid-air collision within reduced
vertical separation minimum (RVSM) airspace.

DATES: We must receive comments on this proposed AD by October 27,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0624; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jen Pei, Aerospace Engineer, Systems
and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5320; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2014-0624;
Directorate Identifier 2014-NM-005-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports of latent air data transducer degradation.
This condition, if not corrected, could result in erroneous air data
information, which could lead to a mid-air collision within reduced
vertical separation minimum (RVSM) airspace.

Relevant Service Information

    We reviewed the following service information, which describes
procedures for doing a functional test of the captain's and first
officer's altimeters.
     Boeing Report No. MDC-02K1003, Trijet Special Compliance
Item (SCI) Report 34-4, ``Functional Test of the Captain and First
Officer's Altimeter,'' Revision K, dated February 1, 2013.
     Boeing Report No. MDC-92K9145, Twinjet SCI Report 34-1--
``Functional Test of the Captain and First Officer's Altimeter,''
Revision M, dated February 5, 2013.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require revising the maintenance or
inspection program, as applicable, to incorporate special compliance
items (SCIs).
    This proposed AD requires revisions to certain operator maintenance
documents to include new inspections. Compliance with these inspections
is required by section 91.403(c) of the Federal Aviation Regulations
(14 CFR 91.403(c)). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by these inspections, an
operator might not be able to accomplish the inspections described in
the revisions. In this situation, to comply with 14 CFR

91.403(c), the operator must request approval of an alternative method
of compliance (AMOC) in accordance with the provisions of paragraph (i)
of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
operational safety of the airplane.

Differences Between This Proposed AD and the Service Information

    Boeing Report No. MDC-02K1003, Trijet SCI Report 34-4, ``Functional
Test of the Captain and First Officer's Altimeter,'' Revision K, dated
February 1, 2013, describes actions that apply to The Boeing Company
Model MD-11 and MD-11F airplanes. Based on in-service data, we have
determined that rulemaking action is unnecessary at this time for these
airplanes. However, we might consider additional rulemaking if further
data is received that identifies an unsafe condition on these
airplanes.

Costs of Compliance

    We estimate that this proposed AD affects 716 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program     1 work-hour x $85 per                $0              $85          $60,860
 revision.                             hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2014-0624; Directorate Identifier
2014-NM-005-AD.

(a) Comments Due Date

    We must receive comments by October 27, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category.
    (1) The Boeing Company Model 717-200 airplanes.
    (2) The Boeing Company Model DC-10-10, DC-10-10F, DC-10-15, DC-
10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F
airplanes; and Model MD-10-10F and MD-10-30F airplanes.
    (3) The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82),
DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88
airplanes; and Model MD-90-30 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of latent air data transducer
degradation. We are issuing this AD to prevent erroneous air data
information, which could lead to a mid-air collision within reduced
vertical separation minimum (RVSM) airspace.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Operations Program Revision

    Within 30 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, by incorporating
the information specified in paragraphs (g)(1), (g)(2), or (g)(3) of
this AD, as applicable. The initial compliance time for the tasks is
within 18 months after the effective date of this AD.
    (1) For Model 717-200 airplanes; Model DC-9-81 (MD-81), DC-9-82
(MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88
airplanes; and Model MD-90-30 airplanes: Incorporate Special
Compliance Item (SCI) 34-1, ``Functional Test of the Captain and
First Officer's Altimeter'' into the Boeing Modification Services
MDC-92K9145, ``Twinjet Special Compliance Items Report,'' Revision
M, dated February 5, 2013.
    (2) For Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40 and DC-10-40F airplanes; Incorporate
SCI 34-4, ``Functional Test of the Captain and First Officer's
Altimeter'' into the Boeing Modification Services MDC-02K1003,
``Trijet Special Compliance Item Report,'' Revision K, dated
February 1, 2013.
    (3) For and Model MD-10-10F and MD-10-30F airplanes: Incorporate
SCI 34-4, ``Functional Test of the Captain and First Officer's
Altimeter'' into the Boeing Modification Services MDC-02K1003,
``Trijet Special Compliance Item Report,'' Revision K, dated
February 1, 2013.

(h) No Alternative Actions and Intervals

    After accomplishment of the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections) or intervals
may be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Jen Pei,
Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001;
telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-21763 Filed 9-11-14; 8:45 am]
BILLING CODE 4910-13-P