[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49552-49553]
[DOCID:fr13au10-131]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Bluewater Michigan Chapter, Inc.

[Docket Number FRA-2009-0081]

    The Bluewater Michigan Chapter, Inc. National Railway Historical
Society (Bluewater), requests a waiver from compliance from the
requirements related to the glazing installed on seven passenger cars
used in tourist/excursion service. The cars covered by this petition
were built between 1947 and 1957, and all carry the same reporting
mark, BMCX. They are numbered: 857--52-seat passenger coach, 829--52-
seat passenger coach, 832--52-seat passenger coach, 899--40-seat dining
car, 9486--14-roomette sleeping/baggage car, 6604--48-seat round-end
passenger car, and 9646--baggage car.
    Specifically, the petitioner requests this relief from the
requirements of 49 CFR 223.15(c), Requirements for existing passenger
cars, including the requirement to install at least four emergency
windows. Bluewater offers these passenger cars for occasional tourist/
excursions over several host railroads: The Lake State Railroad, Great
Lakes Central Railroad, Rail America, The Chesapeake and Indiana
Railroad Company, Saginaw Bay Southern Railroad, and the Ohio Central
Railroad. These cars will operate over mostly single-track railroad
lines in rural areas, and at speeds less than 45 mph.
    Bluewater believes that the operation of these cars in tourist/
excursion service are exposed to a low potential for damage to the
existing glazing from debris from surrounding structures, or from
track-side vandals. Further, they are not aware of any incidents of
broken windows, or any other passenger safety issues caused by the
windows in the above listed cars while in operation over their host
railroads. As a Chapter of the National Railroad Historical Society, a
non-profit organization dedicated to the preservation of railroad
history, most of the society's annual revenue is derived from the
operation of these cars in tourist/excursion service. As stated in
their petition, Bluewater's cost estimate to replace all the current
windows, thus bringing the glazing into compliance with the CFR's
requirements, would meet or exceed the total value of the cars. A
requirement to replace all the windows in all the cars will result in
their permanent retirement, as the Chapter does not have the financial
ability to replace the glazing on all cars. The loss of revenue from
tourist/excursion use of these cars would cause severe harm to the
Bluewater organization and to neighboring organizations who also
benefit from their excursions.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the

appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0081) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 9, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-19996 Filed 8-12-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11238-11239]
[FR Doc No: 2011-4416]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Technical Conference

------------------------------------------------------------------------
                                                          Docket No.
------------------------------------------------------------------------
Priority Rights to New Participant-Funded                    AD11-11-000
 Transmission.......................................
Alta Wind I, LLC....................................         EL10-62-000
Alta Wind II, LLC...................................  ..................
Alta Wind III, LLC..................................  ..................
Alta Wind IV, LLC...................................  ..................
Alta Wind V, LLC....................................  ..................
Alta Wind VI, LLC...................................  ..................
Alta Wind VII, LLC..................................  ..................
Alta Wind VIII, LLC.................................  ..................
Alta Windpower Development, LLC.....................  ..................
TGP Development Company, LLC........................  ..................
Puget Sound Energy, Inc.............................         EL10-72-001
Terra-Gen Dixie Valley, LLC, TGP Dixie Development           EL10-29-002
 Company, LLC, and New York Canyon, LLC.............
Green Borders Geothermal, LLC v. Terra-Gen Dixie             EL10-36-002
 Valley, LLC........................................
Terra-Gen Dixie Valley, LLC.........................       ER11-2127-001
Northern Pass Transmission, LLC.....................       ER11-2377-000
Milford Wind Corridor Phase I, LLC..................          RC11-2-000
Cedar Creek Wind Energy, LLC........................          RC11-1-000
------------------------------------------------------------------------

    Take notice that Commission Staff will convene a technical
conference in the above-referenced proceeding on Tuesday, March 15,
2011, from 9:30 a.m. to 4 p.m. (EST), in the Commission Meeting Room at
the offices of the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Members of the Commission may attend
the conference which will also be open for the public to attend.
Advance registration is not required.

    Those interested in speaking at the conference should notify the
Commission by close of business February 28, 2011 by completing an
online form describing the topics that they wish to address: https://www.ferc.gov/whats-new/registration/rights-03-15-speaker-form.asp. Due
to time constraints, we may not be able to accommodate all those
interested in speaking. The Commission will issue a subsequent notice
that will provide the detailed agenda, including panel speakers.
    The purpose of the conference is to consider issues related to the
ownership of and priority access rights to new transmission projects.
The electric industry has evolved since Order No. 888 was adopted. New
business models in addition to traditional vertically-integrated
utilities have emerged for developing, owning, and operating electric
transmission infrastructure. Several of these models have been the
subject of petitions before the Commission. For example, one such model
entails the owner of the project seeking priority access to the
transmission capacity it develops. The Commission would like to explore
issues related to these new transmission infrastructure ownership
models. Conference participants should be prepared to address the topic
in at least one of two contexts: independent and/or merchant
transmission,\1\ and generator lead lines.\2\
---------------------------------------------------------------------------

    \1\ See, e.g., Chinook Power Transmission, LLC, 126 FERC ]
61,134 (2009).
    \2\ See, e.g., Milford Wind Corridor, LLC, 129 FERC ] 61,149
(2009).
---------------------------------------------------------------------------

    With respect to independent and/or merchant transmission,
participants should be prepared to address how the economics of a
proposed project are affected by the Commission's current affiliate
rules and pricing structures (e.g., cost-based or negotiated rates).
Participants also should be prepared to address: the need for and
appropriate application of priority access mechanisms, such as open
seasons and anchor shipper/tenant arrangements; how these can be
designed consistent with the Commission's open access principles; and
whether alternative mechanisms should be considered.
    With respect to generator lead lines, participants should be
prepared to address the nature of these lines and the application of
the Commission's open access policies as they relate to these lines.
    In either context, participants should be prepared to address the
Commission's policies with respect to the treatment of affiliates, the
implications of various project ownership structures, and the criteria
employed for justifying priority allocation of capacity in new or
expanded transmission facilities.
    Further, participants should be prepared to identify and discuss
what an appropriate balance is between the Commission's policies on
open access and non-discriminatory treatment, on the one hand, and the
needs of developers of the facilities on the other hand. Participants
are encouraged to come prepared to propose and discuss regulatory
alternatives that are consistent with the Commission's statutory
responsibility to ensure that rates, terms, and conditions of service
are just and reasonable and not unduly discriminatory.
    The discussions at the conference may address matters at issue in
the following Commission proceedings that are either pending or within
their rehearing period:
    Alta Wind I, LLC et al., Docket No. EL10-62-000;
    Puget Sound Energy, Inc.; EL10-72-001;
    Terra-Gen Dixie Valley, LLC, Docket No. EL10-29-002;
    Green Borders Geothermal, LLC v. Terra-Gen Dixie Valley, LLC,
Docket No. EL10-36-002;
    Terra-Gen Dixie Valley, LLC, Docket No. ER11-2127-001;
    Northern Pass Transmission, LLC, Docket No. ER11-2377-000;
    Milford Wind Corridor Phase I, LLC, Docket No. RC11-2-000;
    Cedar Creek Wind Energy, LLC, Docket No. RC11-1-000.
    This conference will be transcribed. Transcripts will be available
immediately for a fee from Ace Reporting Company<PHONE_NUMBER> or 1-
800-336-6646). A free Webcast of the technical conference in this
proceeding is also available. Anyone with Internet access interested in
viewing this conference can do so by navigating to www.ferc.gov's
Calendar of Events and locating this event in the Calendar. The event
will contain a link to its Webcast. The Capitol Connection provides
technical support for the Webcasts and offers the option of listening
to the conferences via phone-bridge for a fee. If you have any
questions, visit http://www.CapitolConnection.org or call (703) 993-
3100.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the requested accommodations.
    For further information please contact Becky Robinson at (202) 502-
8868 or<EMAIL_ADDRESS>or Pierson Stoecklein at (202) 502-
6372 or<EMAIL_ADDRESS>
    Dated: February 22, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-4416 Filed 2-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 48990-48992]
[FR Doc No: 2012-20038]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0585]

Draft Guidance for Industry: Necessity of the Use of Food
Categories in Food Facility Registrations and Updates to Food
Categories; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Necessity of
the Use of Food Categories in Food Facility Registrations and Updates
to Food Categories.'' The draft guidance identifies additional food
categories to be included in food facility registrations as determined
appropriate by FDA.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on the
draft guidance before we begin work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by September 14, 2012.

ADDRESSES: Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments on the draft guidance to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit written requests for single copies of the draft guidance to the
Office of Compliance, Division of Field Programs

and Guidance, Center for Food Safety and Applied Nutrition (HFS-615),
Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740. Send one self-addressed adhesive label to assist that office in
processing your request. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Amy Barringer, Center for Food Safety
and Applied Nutrition (HFS-615), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Necessity of the Use of Food Categories in Food Facility
Registrations and Updates to Food Categories.'' This draft guidance
sets forth FDA's determination of the necessity for additional food
categories and sets forth the additional food categories to be included
as mandatory fields in food facility registrations as determined
appropriate by FDA.
    The FDA Food Safety Modernization Act (FSMA), enacted on January 4,
2011, amended section 415 of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 350d). Section 415(a)(2) of the FD&C Act, as
amended by section 102 of FSMA, provides in relevant part that, when
determined necessary by FDA through guidance, a registrant is required
to submit a registration to FDA containing information necessary to
notify FDA of the general food category (as identified in 21 CFR 170.3)
or any other food categories, as determined appropriate by FDA,
including by guidance) of any food manufactured, processed, packed, or
held at such facility. This draft guidance sets forth FDA's
determination of the necessity for additional food categories and the
other food categories to be included in food facility registrations as
determined appropriate by FDA. The inclusion of these additional food
categories in food facility registrations will help FDA provide a
quick, accurate, and focused response to an actual or potential
bioterrorist incident or other food-related emergency.
    FDA is interested in comments regarding including the other food
categories as mandatory fields in food facility registrations. FDA
intends to issue a final guidance that identifies the additional food
categories that will be included as mandatory fields in food facility
registration forms before the first biennial registration renewal
period, which begins on October 1, 2012.
    Section 415(a)(2) of the FD&C Act provides in relevant part that a
food facility is required to submit to FDA a registration containing
information about the general food category (as identified listed in
Sec.  170.3 or any other food category as determined appropriate by
FDA, including ``by guidance'') of a food manufactured/processed,
packed or held at such facility, if the Agency determines ``through
guidance'' that such information is necessary. Because of Congress'
explicit statutory authorization in section 415(a)(2) to establish
binding requirements based on actions by guidance, this document is not
subject to the usual restrictions in FDA's good guidance practice (GGP)
regulations, such as the requirements that guidances not establish
legally enforceable responsibilities and that they prominently display
a statement of the document's nonbinding effect. (See 21 CFR
10.115(d)(i)).
    To comply with the GGP regulations and make sure that regulated
entities and the public understand that guidance documents are
nonbinding, FDA guidances ordinarily contain standard language
explaining that guidances should be viewed only as recommendations
unless specific regulatory or statutory requirements are cited, and the
Agency's guidances also ordinarily include language similar to the
following paragraph:
    This guidance represents the Food and Drug Administration's current
thinking on this topic. It does not create or confer any rights for or
on any person and does not operate to bind FDA or the public. You can
use an alternative approach if the approach satisfies the requirements
of the applicable statutes and regulations. If you want to discuss an
alternative approach, contact the FDA staff responsible for
implementing this guidance. If you cannot identify the appropriate FDA
staff, call the appropriate number listed on the title page of this
guidance.
    FDA is not including this standard language in this draft guidance
because it is not an accurate description of the effect of this
guidance. This guidance contains findings that serve as the predicates
for binding requirements on industry. As stated in ``Guidance for
Industry on Necessity of the Use of Food Product Categories in
Registration of Food Facilities'' (2003), which implemented, in part,
section 415, as added by section 305 of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, it contains FDA's
finding that inclusion of the food categories in Sec.  170.3 in food
facility registrations is necessary for a quick, accurate, and focused
response to an actual or potential bioterrorist incident or other food-
related emergency. Based in part on this finding, FDA's regulations for
the registration of food facilities in 21 CFR part 1, subpart H
currently require that a food facility submit a registration to FDA
containing information on applicable food product categories as
identified in Sec.  170.3 for food manufactured/processed, packed, or
held at such facility. As provided in section 102 of FSMA, this draft
guidance contains FDA's finding that inclusion of other food categories
in food facility registrations is also necessary to facilitate such
rapid communications. In addition, this draft guidance sets forth the
other food categories to be included in food facility registrations
determined to be appropriate by FDA for the purposes of food facility
registration. Insofar as this guidance, if finalized, modifies food
categories for food facility registration under section 415 of the FD&C
Act, it will have binding effect. For these reasons, FDA is not
including the standard guidance paragraph in this draft guidance.

II. The Paperwork Reduction Act of 1995

    This draft guidance contains a collection of information that
requires clearance by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FDA intends
to submit the collection of information to OMB in the near future for
emergency clearance processing under 5 CFR 1320.13. The draft guidance
also refers to previously approved collections of information found in
FDA regulations. The collections of information in 21 CFR 1.230-1.235
have been approved under OMB control number 0910-0502.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday, and will
be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either

http://www.fda.gov/FoodGuidances or http://www.regulations.gov. Always
access an FDA document using the FDA Web site listed previously to find
the most current version of the guidance.

    Dated: August 6, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-20038 Filed 8-14-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74169-74170]
[FR Doc No: 2023-23924]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited

communication and responses thereto in the decisional record. The
Commission will grant such a request only when it determines that
fairness so requires. Any person identified below as having made a
prohibited off-the-record communication shall serve the document on all
parties listed on the official service list for the applicable
proceeding in accordance with Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing 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. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
              Docket Nos.                    File date                     Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP16-10-000.....................         10-17-2023  FERC Staff.\1\
    2. CP22-2-000......................         10-17-2023  FERC Staff.\2\
    3. CP22-2-000......................         10-17-2023  FERC Staff.\3\
Exempt:
    1. CP22-2-000......................         10-20-2023  U.S. Senate.\4\
----------------------------------------------------------------------------------------------------------------
\1\ Emailed comments dated 10/1/23 from William F. Limpert.
\2\ Emailed comments from Kristen Sartor, and 10 other individuals.
\3\ Emailed comments from Alex Fay, and 10 other individuals.
\4\ Senators Jeffrey A. Merkley and Patty Murray.

    Dated: October 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-23924 Filed 10-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 22, 2005 (Volume 70, Number 183)]
[Notices]
[Page 55643-55646]
[DOCID:fr22se05-68]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52430; File No. SR-NASD-2004-162]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change and Amendment
Nos. 1 and 2 Thereto To Establish Fee and Notice Requirements for
Substitution Listing Events and To Provide Additional Transparency for
Changes Requiring a Record-keeping Fee

September 14, 2005.
    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 October 26, 2004, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. On May 11,
2005, Nasdaq filed Amendment No. 1 to the proposed rule change.\3\ On
August 18, 2005, Nasdaq filed Amendment No. 2 to the proposed rule
change.\4\ The Commission is publishing this notice to solicit comments
on the proposal, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 superseded and replaced the filing in its
entirety. In Amendment No. 1, Nasdaq clarified that securities that
are listed on a national securities exchange and not designated by
Nasdaq as Nasdaq national market system securities are exempt from
the proposed Substitution Listing Event notice and fee requirements.
Amendment No. 1 also corrected typographical errors and clarified
certain other non-material terms related to the scope of the
proposed Substitution Listing Event fee and notice requirements.
    \4\ Amendment No. 2 superseded and replaced the amended filing
in its entirety. In Amendment No. 2, Nasdaq clarified that
securities that are listed on a national securities exchange and not
designated by Nasdaq as Nasdaq national market system securities are
exempt from only the proposed Substitution Listing Event fee
requirement and, therefore, would be subject to the proposed notice
requirement. Amendment No. 2 also made certain conforming changes
and representations regarding the collection and dissemination of
substitution listing event information and the proposed rules impact
on Nasdaq's regulatory functions.
---------------------------------------------------------------------------

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

    Nasdaq proposes to amend NASD Rules 4200(a), 4310, 4320, 4510, and
4520 to establish fee and notice requirements for substitution listing

events for all Nasdaq issuers, except the proposed fee will not apply
to issuers whose securities are listed on a national securities
exchange and subsequently listed on Nasdaq but not designated by Nasdaq
as Nasdaq national market system securities. Nasdaq also proposes
amendments to provide more transparency regarding certain changes
subject to the record-keeping fee. Nasdaq would implement the proposed
rule change, as amended, as soon as practicable following Commission
approval.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].\5\
---------------------------------------------------------------------------

    \5\ Nasdaq represents that changes are marked to the rule text
that appears in the electronic NASD Manual found at http://www.nasd.com.
 Nasdaq also represents that there are no pending rule

filings that would affect this proposed rule change.
---------------------------------------------------------------------------

* * * * *

4200. Definitions

    (a) For purposes of the Rule 4000 Series, unless the context
requires otherwise:
    (1)-(36) No change.
    (37) ``Substitution Listing Event'' means a reverse stock split,
re-incorporation or a change in the issuer's place of organization, the
formation of a holding company that replaces a listed company,
reclassification or exchange of an issuer's listed shares for another
security, the listing of a new class of securities in substitution for
a previously-listed class of securities, or any technical change
whereby the shareholders of the original company receive a share-for-
share interest in the new company without any change in their equity
position or rights.
    (38) ``Transaction costs'' means costs incurred in connection with
a limited partnership rollup transaction, including printing and
mailing the proxy, prospectus or other documents; legal fees not
related to the solicitation of votes or tenders; financial advisory
fees; investment banking fees; appraisal fees; accounting fees;
independent committee expenses; travel expenses; and all other fees
related to the preparatory work of the transaction, but not including
costs that would have otherwise been incurred by the subject limited
partnerships in the ordinary course of business or solicitation
expenses.
    [(38)](39) ``Underwriting Activity Report'' is a report provided by
the Market Regulation Department in connection with a distribution of
securities subject to SEC Rule 101 pursuant to Rule 2710(b)(11) and
includes forms that are submitted by members to comply with their
notification obligations under Rules 4614, 4619, and 4623.
    (b) No Change.
* * * * *

4310. Qualification Requirements for Domestic and Canadian Securities

    To qualify for inclusion in Nasdaq, a security of a domestic or
Canadian issuer shall satisfy all applicable requirements contained in
paragraphs (a) or (b), and (c) hereof.
    (a)-(b) No change.
    (c) In addition to the requirements contained in paragraph (a) or
(b) above, and unless otherwise indicated, a security shall satisfy the
following criteria for inclusion in Nasdaq:
    (1)-(19) No change.
    (20) The issuer shall notify Nasdaq promptly in writing of any
change in the general character or nature of its businesses and any
change in the address of its principal executive offices. The issuer
also shall file on a form designated by Nasdaq notification of any
corporate name change, or other change requiring payment of a record-
keeping fee, no later than 10 days after the change.
    (21)-(29) No change.
    (30) The issuer shall notify Nasdaq of a Substitution Listing Event
(other than a re-incorporation or a change to an issuer's place of
organization) no later than 15 calendar days prior to the
implementation of such event by filing the appropriate form as
designated by Nasdaq. For a re-incorporation or change to an issuer's
place of organization, an issuer shall notify Nasdaq as soon as
practicable after such event has been implemented by filing the
appropriate form as designated by Nasdaq. Issuers shall also pay the
appropriate fee associated with Substitution Listing Events. The
Substitution Listing Event fee shall not apply to securities that are
listed on a national securities exchange and not designated by Nasdaq
as Nasdaq national market system securities.
    (d) No change.
* * * * *

4320. Qualification Requirements for Non-Canadian Foreign Securities
and American Depository Receipts

    To qualify for inclusion in Nasdaq, a security of a non-Canadian
foreign issuer, an American Depository Receipt (ADR) or similar
security issued in respect of a security of a foreign issuer shall
satisfy the requirements of paragraphs (a), (b) or (c), and (d) and (e)
of this Rule.
    (a)-(d) No change.
    (e) In addition to the requirements contained in paragraphs (a),
(b) or (c), and (d), the security shall satisfy the criteria set out in
this subsection for inclusion in Nasdaq. In the case of ADRs, the
underlying security will be considered when determining the ADR's
qualification for initial or continued inclusion on Nasdaq.
    (1)-(17) No change.
    (18) The issuer shall notify Nasdaq promptly in writing of any
change in the general character or nature of its businesses and any
change in the address of its principal executive offices. The issuer
also shall file on a form designated by Nasdaq notification of any
corporate name change, or other change requiring payment of a record-
keeping fee, no later than 10 days after the change.
    (19)-(25) No change.
    (26) The issuer shall notify Nasdaq of a Substitution Listing Event
(other than a re-incorporation or a change to an issuer's place of
organization) no later than 15 calendar days prior to the
implementation of such event by filing the appropriate form as
designated by Nasdaq. For a re-incorporation or change to an issuer's
place of organization, an issuer shall notify Nasdaq as soon as
practicable after such event has been implemented by filing the
appropriate form as designated by Nasdaq. Issuers shall also pay the
appropriate fee associated with Substitution Listing Events. The
Substitution Listing Event fee shall not apply to securities that are
listed on a national securities exchange and not designated by Nasdaq
as Nasdaq national market system securities.
    (f) No change.
* * * * *

4510. The Nasdaq National Market

    (a)-(d) No change.
    (e) Record-Keeping Fee.
    An issuer that makes a change such as a change to its name, the par
value or title of its security, or its symbol shall pay a fee of $2,500
to The Nasdaq Stock Market, Inc. and submit the appropriate form as
designated by Nasdaq.
    (f) Substitution Listing Fee
    An issuer that implements a Substitution Listing Event shall pay a
fee of $7,500 to The Nasdaq Stock Market, Inc. and submit the
appropriate form as designated by Nasdaq. Notwithstanding the
foregoing, this substitution listing fee shall not apply to securities
that are listed on a national securities exchange and not designated by
Nasdaq as Nasdaq national market system securities.

4520. The Nasdaq SmallCap Market

    (a)-(c) No change.
    (d) Record-Keeping Fee.
    An issuer that makes a change such as a change to its name, the par
value or title of its security, or its symbol shall pay a fee of $2,500
to The Nasdaq Stock Market, Inc. and submit the appropriate form as
designated by Nasdaq.
    (e) Substitution Listing Fee.
    An issuer that implements a Substitution Listing Event shall pay a
fee of $7,500 to The Nasdaq Stock Market, Inc. and submit the
appropriate form as designated by Nasdaq. Notwithstanding the
foregoing, this substitution listing fee shall not apply to securities
that are listed on a national securities exchange and not designated by
Nasdaq as Nasdaq national market system securities.
* * * * *

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

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

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

1. Purpose
    The purpose of this rule filing is to amend NASD Rules 4200(a),
4310, 4320, 4510, and 4520 to establish a fee for substitution listing
events and a corresponding notice requirement. Substitution listing
events include the implementation of a reverse stock split, an issuer's
re-incorporation or a change in the issuer's place of organization
(including a change in the issuer's state of incorporation), the
reclassification or exchange of an issuer's listed shares for another
security, formation of a holding company that replaces a listed
company, the listing of a new class of securities in substitution for a
previously listed class of securities, or any technical change where
the shareholders of the original company receive a share-for-share
interest in the new company without a change in their equity position
or rights.
    When Nasdaq learns about a substitution listing event for a Nasdaq-
listed company, Nasdaq must implement technical changes to its trading,
market data, and internal monitoring systems. Nasdaq disseminates
certain substitution listing event information about Nasdaq-listed
companies to other markets and market participants through a
subscription service.\6\ Nasdaq-listed issuers that are designated by
Nasdaq pursuant to NASD Rule 4400 Series as Nasdaq national market
system securities (``Nasdaq designated securities'') are contacted
directly by Nasdaq to verify the details of the substitution listing
events. Under the NASD Rule 4400 Series, the securities of certain
Nasdaq-listed issuers that are also listed on a national securities
exchange are not designated by Nasdaq as Nasdaq national market system
securities (``Nasdaq non-designated securities'').\7\ Nasdaq does not
contact the issuers of Nasdaq non-designated securities directly to
verify the details of substitution listing events. Instead, for Nasdaq
non-designated securities, Nasdaq receives electronic reports from the
national securities exchange that designated the securities as national
market system securities \8\ under that market's national market system
plan. Nasdaq uses these reports to make the necessary changes to its
systems.
---------------------------------------------------------------------------

    \6\ Nasdaq provides advance notification of certain substitution
listing events, such as reverse stock splits, to member firms,
market data vendors, service bureaus, and other subscribers of its
daily list service. Notification of the substitution listing event
information on Nasdaq's daily list service is subsequently provided
to users of Nasdaq's systems through a fifth letter identifier, such
as a ``D,'' that is temporarily added to an issuer's trading symbol.
Re-incorporations or changes to the place of organization are
recorded in Nasdaq's internal database, but are not disseminated to
market participants.
    \7\ NASD IM-4400 provides that Nasdaq shall not exercise its
authority under the NASD Rule 4400 Series separately to designate
the securities that are listed on a national securities exchange and
subsequently permitted to list on the Nasdaq National Market as
Nasdaq national market system securities within the meaning of
Section 11A of the Act, 15 U.S.C. 78k-1, or the rules thereunder.
    \8\ For example, Nasdaq uses electronic reports from the New
York Stock Exchange (``NYSE'') to verify the details of the
substitution listing events for NYSE-listed securities that are
subsequently also listed on Nasdaq but are still designated by the
NYSE as national market system securities pursuant to the NYSE's
national market system plan. The consolidated reports from the NYSE
contain information regarding reverse stock splits, the substitution
of a previously listed class of securities for another class, the
creation of a holding company, and the reincorporation or change to
the place of organization of an issuer.
---------------------------------------------------------------------------

    Nasdaq has dedicated specific resources to manage the process for
collecting, verifying, and implementing the changes related to
substitution listing events of Nasdaq-listed securities so that such
changes are accurately and promptly reflected in its trading, market
data, and internal monitoring systems. To support these activities,
Nasdaq proposes to establish a fee of $7,500 per event for issuers of
Nasdaq designated securities. Since the costs associated with managing
the substitution listing events for Nasdaq non-designated securities is
reduced through Nasdaq's use of consolidated reports from other
markets, the proposed rule would waive the substitution listing event
fee for these particular issuers.\9\ Waiving these fees also would
eliminate the possibility that these issuers would be charged twice for
the same substitution listing event since, as discussed below, other
markets charge their listed companies a fee for substitution listing
events.
---------------------------------------------------------------------------

    \9\ Although the proposed rule would waive the substitution-
listing event fee for these Nasdaq issuers, Nasdaq represents that
the lack of such fees from these issuers would not impair Nasdaq's
ability to fulfill its regulatory responsibilities and enforce its
rules. Furthermore, although Nasdaq relies on consolidated reports
in managing the substitution listing events process for these Nasdaq
issuers, Nasdaq represents that its rules must be ``designed to
produce fair and informative quotations, to prevent fictitious or
misleading quotations, and promote orderly procedures for
collecting, distributing, and publishing quotations' pursuant to
Section 15A(b)(11) of the Act, 15 U.S.C. 78o-3(b)(11).
---------------------------------------------------------------------------

    Under the proposed rule change, issuers of both Nasdaq designated
and Nasdaq non-designated securities would be required to notify Nasdaq
about a substitution listing event no later than 15 days prior to the
implementation of the event, in order to provide Nasdaq with sufficient
time to implement the technical changes into its systems. For a re-
incorporation or a change to an issuer's place of organization,
however, Nasdaq proposes to require issuers to notify Nasdaq as soon as
practicable after the event has been implemented since these
substitution listing events may be contingent on shareholder approval
and would not require immediate changes to Nasdaq's systems.
    Other markets also assess a fee for substitution listing events.
For example, both the NYSE and the American Stock Exchange (``Amex'')
charge a fee for substitution listing events. The NYSE charges a
``Reduced Initial Fee'' of $15,000 for substitution events.\10\ Under
the NYSE's rules, the $15,000 fee applies only if the change in the
company's status is technical in nature and the shareholders of the
original company receive a share-for-share interest in the new company
without any change in their equity position or rights. If the
substitution event does not

comply with these requirements, the full initial listing fees would
apply. Amex charges $5,000 for each substitution listing event.\11\ For
Amex issuers, a substitution listing fee applies in cases where, after
the original listing, a change is made by charter amendment or
otherwise by which shares listed on Amex are reclassified, or changed
into or exchanged for another security, either with or without a change
in par value. Amex also charges a substitution listing fee whenever a
company implements a reverse stock split, re-incorporates, lists a new
class of securities in substitution of a previously-listed class of
securities, or otherwise engages in a transaction which would require
the company to file a new Form 8-A with the Commission in regard to the
previously listed security.
---------------------------------------------------------------------------

    \10\ See NYSE Listed Company Manual Section 902.02.
    \11\ See AMEX Company Guide Sections 142 and 305.
---------------------------------------------------------------------------

    The proposed rule change also would make minor amendments to NASD
Rules 4310(c)(20), 4320(e)(18), 4510(e), and 4520(d) to clarify that
Nasdaq-listed companies that are subject to a recordkeeping fee must
submit the appropriate form to Nasdaq within 10 days after the change.
This proposed change simply reflects the current practice of issuers.
2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of Section 15A of the Act,\12\ in
general, and with Section 15A(b)(5) of the Act,\13\ in particular, in
that the proposed rules provide for the equitable allocation of
reasonable dues, fees, and other charges among members and issuers and
other persons using any facility or system which Nasdaq operates or
controls. The proposed rule change is reasonable because the fee is
competitive with similar fees charged by other markets. The proposed
rule is also equitable because it will apply to all similarly situated
Nasdaq issuers on an equal basis. The exemption from the proposed fee
requirement for issuers of Nasdaq non-designated securities is
equitable and reasonable because it recognizes the reduced costs for
managing substitution listing events for such issuers. The exemption is
also consistent with the provisions of Section 15A of the Act \14\ in
that it promotes competition among exchange markets.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3.
    \13\ 15 U.S.C. 78o-3(b)(5).
    \14\ 15 U.S.C. 78o-3.
---------------------------------------------------------------------------

    The proposed clarifications to NASD Rules 4310(c)(20), 4320(e)(18),
4510(e), and 4520(d) regarding the requisite form to be submitted in
connection with payment for a recordkeeping fee is consistent with
Section 15A of the Act,\15\ in general, and furthers the objectives of
Section 15A(b)(6) of the Act,\16\ in particular in that it is designed
to foster cooperation and coordination with persons engaged in
regulating and processing information with respect to, and facilitating
transactions in securities, to remove impediments to a free and open
market and a national market system, and, in general, to protect
investors and the public interest. Nasdaq believes that the proposed
rule change would benefit issuers and issuers' counsel by providing
additional transparency with respect to the process by which issuers
request changes covered by the recordkeeping fee.
---------------------------------------------------------------------------

    \15\ Id.
    \16\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change would result
in any burden on competition that is 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

    Written comments were neither solicited nor received.

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NASD-2004-162 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-NASD-2004-162. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. 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-NASD-2004-162 and should be submitted on or before October 13, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jonathan G. Katz,
Secretary.
[FR Doc. 05-18897 Filed 9-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72827-72829]
[FR Doc No: 2010-29687]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0598]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Current Good Manufacturing Practice Regulations for
Type A Medicated Articles

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the 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 recordkeeping requirements
for manufacturers of type A medicated articles.

DATES: Submit either electronic or written comments on the collection
of information by January 25, 2011.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets

Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. All comments should be identified with
the docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<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.

Current Good Manufacturing Practice Regulations for Type A Medicated
Articles--21 CFR Part 226 (OMB Control Number 0910-0154)--Extension

    Under section 501 of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 351), FDA has the statutory authority to issue
current good manufacturing practice (cGMP) regulations for drugs,
including type A medicated articles. A type A medicated article is a
feed product containing a concentrated drug diluted with a feed carrier
substance. A type A medicated article is intended solely for use in the
manufacture of another type A medicated article or a type B or type C
medicated feed. Medicated feeds are administered to animals for the
prevention, cure, mitigation, or treatment of disease or for growth
promotion and feed efficiency.
    Statutory requirements for cGMPs for type A medicated articles have
been codified in part 226 (21 CFR part 226). Type A medicated articles
which are not manufactured in accordance with these regulations are
considered adulterated under section 501(a)(2)(B) of the FD&C Act.
Under part 226, a manufacturer is required to establish, maintain, and
retain records for type A medicated articles, including records to
document procedures required under the manufacturing process to assure
that proper quality control is maintained. Such records would, for
example, contain information concerning receipt and inventory of drug
components, batch production, laboratory assay results (i.e., batch and
stability testing), and product distribution.
    This information is needed so that FDA can monitor drug usage and
possible misformulation of type A medicated articles. The information
could also prove useful to FDA in investigating product defects when a
drug is recalled. In addition, FDA will use the cGMP criteria in part
226 to determine whether or not the systems used by manufacturers of
type A medicated articles are adequate to assure that their medicated
articles meet the requirements of the FD&C Act as to safety and also
meet the article's claimed identity, strength, quality, and purity, as
required by section 501(a)(2)(B) of the FD&C Act.
    The respondents for type A medicated articles are pharmaceutical
firms that manufacture both human and veterinary drugs, those firms
that produce only veterinary drugs, and commercial feed mills.
    FDA estimates the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
                                      No. of       frequency per   Total annual      Hours per      Total hours
                                   recordkeepers   recordkeeping      records         record
----------------------------------------------------------------------------------------------------------------
21 CFR Section:
    226.42......................             115             260          29,900             .75          22,425
    226.58......................             115             260          29,900            1.75          52,325
    226.80......................             115             260          29,900             .75          22,425
    226.102.....................             115             260          29,900            1.75          52,325
    226.110.....................             115             260          29,900             .25           7,475
    226.115.....................             115              10           1,150              .5             575
                                 -------------------------------------------------------------------------------
                                  ..............  ..............  ..............  ..............         157,550
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The estimate of the time required for record preparation and
maintenance is based on Agency communications with industry. Other
information needed to calculate the total burden hours (i.e.,
manufacturing sites, number of type A medicated articles being
---------------------------------------------------------------------------
manufactured, etc.) are derived from Agency records and experience.

    Dated: November 19, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-29687 Filed 11-24-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19102-19103]
[FR Doc No: E9-9534]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0201]

Navigation Safety Advisory Council; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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

SUMMARY: The Coast Guard seeks applications for membership on the
Navigation Safety Advisory Council (NAVSAC). NAVSAC provides advice and
makes recommendations to the Secretary on a wide range of issues
related to the prevention of collisions, rammings, and groundings. This
includes, but is not limited to: Inland and International Rules of the
Road, navigation regulations and equipment, routing measures, marine
information, diving safety, and aids to navigation systems.

DATES: Application forms should reach us on or before June 19, 2009.

ADDRESSES: You may request an application form by writing to Commandant
(CG-54121), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC
20593-0001; by calling<PHONE_NUMBER>; or by faxing<PHONE_NUMBER>. This
notice is also available in our online docket, USCG-2009-0201, at
http://www.regulations.gov. Send your completed application to the
above street address.

FOR FURTHER INFORMATION CONTACT: Mike Sollosi, Designated Federal
Officer (DFO) of NAVSAC, or John Bobb, Assistant DFO; telephone 202-
372-1532, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Navigation Safety Advisory Council
(NAVSAC) is a Federal advisory committee under 5 U.S.C. App. (Pub. L.
92-463). NAVSAC provides advice and makes recommendations to the
Secretary of Homeland Security on a wide range of issues related to the
prevention of collisions, rammings, and groundings. This includes, but
is not limited to: Inland and International Rules of the Road,
navigation regulations and equipment, routing measures, marine
information, diving safety, and aids to navigation systems.
    NAVSAC meets at least once a year at Coast Guard Headquarters,
Washington, DC, or another location selected by the Coast Guard. It may
also meet for extraordinary purposes. Its subcommittees and working
groups may meet to consider specific problems as required.
    Selected individuals will serve as either Special Government
Employees (SGE) or Representative Members. An SGE Member is an officer
or employee of the executive or legislative branch who is retained,
designated, appointed, or employed to perform temporary duties (either
on a full-time or intermittent basis) for not to exceed 130 days during
any period of 365 consecutive days. The definition of SGE also includes
individuals in certain miscellaneous positions, who are deemed SGEs
without regard to the number of days of service. In general, SGEs
provide Federal advisory committees with their own best independent
judgment based on their individual expertise. (See 18 U.S.C. 202(a).)
    A Representative Member is an individual who is not a Federal
employee (or a Federal employee who is attending in a personal
capacity), who is selected for membership on a Federal advisory
committee for the purpose of obtaining the point of view or perspective
of an outside interest group or stakeholder interest. While
representative members may have expertise in a specific area,
discipline, or subject matter, they are not selected solely on the
basis of this expertise, but rather are selected to represent the point
of view of a group or particular interest. A representative member may
represent groups or organizations, such as industry, labor, consumers
or any other recognizable group of persons having an interest in
matters before the committee.
    We will consider applications for six positions that expire or
become vacant in November 2009. Applications will be considered from
persons representing, insofar as practical, the following groups: Four
persons from among recognized experts and leaders in organizations
having an active interest in the Rules of the Road and vessel and port
safety; and two persons from among professional mariners, recreational
boaters and the recreational boating industry.
    Organizations having an active interest in the Rules of the Road
and vessel and port safety are considered to include organizations
representing vessel owners and operators of vessels operating on
international waters and/or the inland waters of the United States; the
Federal and State maritime academies; maritime education and training
institutions teaching Rules of the Road, navigation, and electronic
navigation; and organizations established to facilitate vessel movement
and navigational safety. Members from these organizations are appointed
to express the viewpoint of the organizations listed above and are SGEs
as defined in section 202(a) of title 18, United States Code, and will
not be appointed as Representative Members.
    Professional mariners are considered to include actively working or
retired mariners experienced in applying the Inland and/or
International Rules as masters or licensed deck officers of vessels
operating on international waters or the inland waters of the United
States, and federal or state licensed pilots. Recreational boaters and
the recreational boating industry are specifically identified groups
that members may represent. Members from these groups are appointed to
express the viewpoint of the groups listed above in which they serve or
have served and are not SGEs as defined in section 202(a) of title 18,
United States Code, and will be appointed as Representative Members.
    All individuals meeting the above requirements are invited to
apply. Each member serves for a term of three years. A few members may
serve consecutive terms. All members serve at their own expense and
receive no salary but receive reimbursement for travel expenses and per
diem expenses from the Federal Government.
    In support of the policy of the Coast Guard on gender and ethnic
diversity, we encourage qualified women and members of minority groups
to apply.
    If you are selected as a member who represents the general public,
we will require you to complete a Confidential Financial Disclosure
Report (OGE Form 450). We may not release the report or the information
in it to the public, except under an order issued by a Federal court or
as otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the
Designated Agency Ethics Official (DAEO) or the DAEO's designate may
release a Confidential Financial Disclosure Report.
    If you are interested in applying to become a member of NAVSAC,
send a completed application to Commandant (CG-54121), U.S. Coast
Guard, 2100 Second Street, SW., Washington, DC 20593-0001. Applications
should reach us on or before June 19, 2009.

    Dated: April 20, 2009.
W.A. Muilenburg,
Captain, U.S. Coast Guard, Office of Waterways Management.
[FR Doc. E9-9534 Filed 4-24-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Page 44963]
[FR Doc No: 2019-18347]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Intent To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to rule on request to release airport property
for interim non-aeronautical use; Fairbanks International Airport
(FAI), Fairbanks, Alaska.

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

SUMMARY: The FAA proposes to rule and invites public comment on the
interim release of the aeronautical use only provision for land at the
Fairbanks International Airport, Fairbanks, Alaska.

DATES: Comments must be received on or before September 26, 2019.

ADDRESSES: Documents are available for review by appointment at the FAA
Anchorage Airports Regional Office, Molly Lamrouex, Compliance Manager,
222 W 7th Avenue, Anchorage, AK. Telephone:<PHONE_NUMBER>/Fax: (907)
271-2851 and the Fairbanks International Airport, 6450 Airport Way,
Suite 1, Fairbanks, AK 99709. Telephone:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Molly Lamrouex, Compliance Manager, Federal Aviation
Administration, Airports Anchorage Regional Office, 222 W 7th Avenue,
Anchorage AK 99513, Telephone Number:<PHONE_NUMBER>/FAX Number: (907)
271-2851.

FOR FURTHER INFORMATION CONTACT: Molly Lamrouex, Compliance Manager,
Federal Aviation Administration, Alaskan Region Airports District
Office, 222 W 7th Avenue, Anchorage, AK 99513. Telephone Number: (907)
271-5439/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release the aeronautical use only grant provision for a
portion of Block 101, Lot 3A at the Fairbanks Airport (FAI) under the
provisions of 49 U.S.C. 47107(h)(2). The Alaska Department of
Transportation and Public Facilities has requested from the FAA that a
portion of airport property already in use as a restaurant (East Ramp
Pizza) be retroactively released for non-aeronautical use. The East
Ramp Pizza restaurant is located on the second story of a commercial
aviation business in a tenant space that has historically been
difficult to lease. The FAA is proposing to approve the interim non-
aeronautical lease at the aeronautical lease rate in consideration of
the low demand for the space. The FAA has determined that the release
of the property will not adversely impact future aviation needs at the
airport. The FAA may approve the request, in whole or in part, no
sooner than 30 days after the publication of this notice.
    The disposition of proceeds from the non-aeronautical use 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 (64 FR 7696).

    Issued in Anchorage, Alaska, on August 21, 2019.
Matthew K. Stearns,
Acting Director, Alaskan Airports Regional Office, FAA, Alaskan Region.
[FR Doc. 2019-18347 Filed 8-26-19; 8:45 am]
BILLING CODE 4910-13-P