[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Proposed Rules]
[Pages 24044-24047]
[FR Doc No: 2016-09559]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9944-86]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before May 25, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the

body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090; email address<EMAIL_ADDRESS>or Susan Lewis,
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. The Agency is taking
public comment on the requests before responding to the petitioners.
EPA is not proposing any particular action at this time. EPA has
determined that the pesticide petitions described in this document
contain the data or information prescribed in FFDCA section 408(d)(2),
21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the
sufficiency of the submitted data at this time or whether the data
support granting of the pesticide petitions. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summary referenced in this unit.

New Tolerances

    1. PP 5F8398. (EPA-HQ-OPP-2015-0735). Valent U.S.A. Corporation,
1600 Riveira Avenue, Suite 200, Walnut Creek, CA 94596, requests to
establish a tolerance in 40 CFR part 180 for residues of the
insecticide, etoxazole, 2-(2,6-dufluorophenyl)-4-[4-(1,1-dimethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on soybean at 0.01 parts per
million (ppm). The GC/MSD analytical methodology is used to measure and
evaluate residues of the chemical etoxazole. Contact: RD.
    2. PP 5F8408. EPA-HQ-OPP-2015-0817. OAT Agrio Co., Ltd, 1-3-1 Kanda
Ogawa-machi, Chiyoda-ku, Tokyo 101-0052, Japan, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide, flutianil,
in or on apple, fruit at 0.2 parts per million (ppm), apple, juice at
0.03 ppm, apple, wet pomace at 2 ppm, cantaloupe at 0.07 ppm, cherry,
fruit at 0.4 ppm, cucumber at 0.02 ppm, grape, fruit at 0.7 ppm, grape,
juice at 0.2 ppm, grape, raisins at 0.3 ppm, squash at 0.03 ppm, and
strawberry, fruit at 0.3 ppm. The gas chromatography-mass spectrometry
detector (GC/MSD) is used to measure and evaluate the chemical
flutianil on apples, cantaloupe, cherry, cucumber, squash, and
strawberry. The high performance liquid chromatography with tandem mass
spectral detection (LCMS/MS) is used to measure and evaluate the
chemical flutianil and the

metabolite OC-56635 in grapes. Contact: RD.
    3. PP 5F8435. EPA-HQ-OPP-2016-0049. E.I. du Pont de Nemours and
Company, Inc., Dupont Crop Protection, Stine-Haskell Research Center,
P.O. Box 30, Newark, DE 19714-0300, requests to establish a tolerance
in 40 CFR part 180.685 for residues of the fungicide, Oxathiapiprolin
in or on soybean at 0.01 parts per million (ppm), and sunflower at 0.01
parts per million (ppm). The analytical method using high-pressure
liquid chromatography with MS/MS detection is used to measure and
evaluate the chemical residues of Oxathiapiprolin. Contact: RD.
    4. PP 5F8383. EPA-HQ-OPP-2015-0676. Valent USA Corporation, 1600
Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to
establish tolerances in 40 CFR part 180.622 for residues of the
fungicide Ethaboxam in or on Cucurbit Vegetables (Crop Group 9) at 0.3
parts per million (ppm); ginseng at 0.09 ppm; Pepper/Eggplant (Crop
Subgroup 8-10B) at 0.6 ppm; and Tuberous and Corm Vegetable Subgroup 1C
at 0.01 ppm. An independently validated analytical method has been
submitted for analyzing parent ethaboxam residues with appropriate
sensitivity in all crop commodities for which tolerances are being
requested. Contact: RD.
    5. PP 5F8427. EPA-HQ-OPP-2016-0067. Geo Logic Corporation, P.O. Box
3091, Tequesta, FL 33409, requests to establish a tolerance in 40 CFR
part 180 for residues of the bactericide/fungicide streptomycin in or
on citrus fruit, Crop Group 10-10 at 0.5 parts per million (ppm) and
citrus, dried pulp at 3.5 ppm. The ion-pair reversed-phase liquid
chromatography with detection by MS/MS is used to measure and evaluate
the chemical streptomycin. Contact: RD.
    6. PP 5F8353. EPA-HQ-OPP-2015-0652. Valent USA Corporation, 1600
Riviera Avenue, Suite 200, Walnut Creek, CA 94596, requests to
establish tolerances in 40 CFR 180.568 for residues of the herbicide,
flumioxazin, 2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-
benzoxazin-6-yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione, in or
on soybean forage at 0.05 parts per million (ppm) and soybean hay at
0.02 ppm. Analytical method RM-30A was used to analyze soybean seed,
forage, and hay in support of this petition. RM-30A has been previously
validated by EPA. Contact: RD.
    7. PP 6F8447. EPA-HQ-OPP-2016-0112. ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide,
Flazasulfuron, 1-(4,6-dimethoxypyrimidin-2-yl)-3-(3-trifluoromethyl-2-
pyridylsulfonyl) urea, in or on the raw agricultural commodity Olive at
0.01 parts per million (ppm). A practical analytical method for
flazasulfuron and (1-(4,6-dimethoxypyridin-2-yl)-1-(3-trifluoromethyl-2
pyridyl)urea (DTPU) using liquid chromatography-MS/MS is available for
enforcement purposes. The limit of detection is 0.003 ppm. Contact: RD.
    8. PP 6E8448. EPA-HQ-OPP-2016-0142. E.I. Dupont de Nemours and
Company (Crop Protection), Chestnut Run Plaza, 974 Centre Rd.,
Wilmington, DE 19805, requests to establish a tolerance in 40 CFR part
180 for residues of the insecticide, triflumezopyrim, in or on rice,
grain at 0.2 parts per million (ppm). The LC/ESI-MS/MS method is used
to measure and evaluate the chemical 2,4-dioxo-1-(5-pyrimidinylmethyl)-
3-[3-(trifluoromethyl)phenyl]-2H-pyrido[1,2-a]pyrimidinium inner salt].
Contact: RD.

New Tolerance Exemptions

    1. PP 5F8411. EPA-HQ-OPP-2016-0073. LAM International Corp., 117
South Parkmont, Butte, MT 59701, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 180 for residues of
the nematocide Purpureocillium lilacinum strain PL11 in or on all food
commodities. The petitioner believes no analytical method is needed
because it believes that, when used as proposed, Purpureocillium
lilacinum strain PL11 would not result in residues that are of
toxicological concern. Contact: BPPD.
    2. PP IN-10815. EPA-HQ-OPP-2015-0350. Keller and Heckman, 1001 G
Street NW., Suite 500 West, Washington, DC 20001, on behalf of C.P.
Kelco U.S., Inc., 3100 Cumberland Blvd., Suite 600, Atlanta, GA 30339,
requests to establish an exemption from the requirement of a tolerance
for residues of D-glucurono-D-gluco-6-deoxy-L-mannan, acetate, calcium
magnesium potassium sodium salt (diutan gum) (CAS Reg. No. 595585-15-2)
when used as an inert ingredient in pesticide formulations applied to
growing crops and raw agricultural commodities after harvest under 40
CFR 180.910 and for use in antimicrobial formulations (food contact
surface sanitizing solutions) under 40 CFR 180.940(a). The petitioner
believes no analytical method is needed because it is not required for
an exemption from the requirement of a tolerance. Contact: RD.
    3. PP IN-10829. EPA-HQ-OOPP-2016-0183. Lewis & Harrison, LLC, 122 C
Street NW., Suite 740, Washington, DC 20001, on behalf of BASF
Corporation, 100 Park Avenue, Florham Park, NJ 07932, requests to
establish an exemption from the requirement of a tolerance for residues
of pentaerythritol tetrakis(3-(3,5-di-tert-butyl-4-
hydroxyphenyl)propionate) (CAS Reg. No. 6683-19-8) when used as an
inert ingredient (antioxidant/stabilizer) at a concentration not to
exceed 5% by weight in pesticide formulations applied to growing crops
and raw agricultural commodities under 40 CFR 180.910 and at a
concentration not to exceed 3% by weight in pesticide formulations
applied to animals under in 40 CFR 180.930. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
    4. PP IN-10846. EPA-HQ-OPP-2016-0007. Technology Sciences Group
(1150 18th St. NW., Suite 1000, Washington, DC 20036) on behalf of
Jeneil Biosurfactant Company, 400 N. Dekora Woods Blvd., Saukville, WI
53080, requests to establish an exemption from the requirement of a
tolerance for residues of isobutyl acetate (CAS Reg No. 110-19-0) when
used as an inert ingredient (solvent) in pesticide formulations applied
in or on raw agricultural commodities and to growing crops under 40 CFR
180.910. The petitioner believes no analytical method is needed because
it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
    5. PP IN-10852. EPA-HQ-OPP-2016-0008. Technology Sciences Group
(1150 18th St. NW., Suite 1000, Washington, DC 20036) on behalf of
Jeneil Biosurfactant Company, 400 N. Dekora Woods Blvd., Saukville, WI
53080, requests to establish an exemption from the requirement of a
tolerance for residues of isobutyric acid (CAS Reg No. 79-31-2) when
used as an inert ingredient (solvent) in pesticide formulations applied
in or on raw agricultural commodities and to growing crops under 40 CFR
180.910. The petitioner believes no analytical method is needed because
it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
    6. PP IN-10884. EPA-HQ-OPP-2016-0159. Technical Sciences Group,
Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036, on behalf
of Bayer HealthCare, LLC, Animal Health, P.O. Box 390, Shawnee Mission,
KS 66201-0390, requests to establish an exemption from the requirement
of a tolerance for residues of iron oxide yellow (CAS Reg. No. 20344-
49-4) when used as an inert ingredient (colorant) in pesticide
formulations

applied to growing crops and raw agricultural commodities after harvest
under 40 CFR 180.910. The petitioner believes no analytical method is
needed because it is not required for an exemption from the requirement
of a tolerance. Contact: RD.
    7. PP IN-10890. EPA-HQ-OPP-2016-0115. Wacker Chemical Corporation,
3301 Sutton Rd., Adrian, ML 49221-9397 requests to establish an
exemption from the requirement of a tolerance for siloxanes and
silicones, 3-bydroxypropyl Me, ethoxylated (CAS Reg. No. 69430-50-8),
when used as an inert ingredient surfactant, antifoaming agent) in
pesticide formulations applied to growing crops and raw agricultural
commodities after harvest under 40 CFR 180.910. The petitioner believes
no analytical method is needed because it is not required for an
exemption from the requirement of a tolerance. Contact: RD.
    8. PP IN-10899. EPA-HQ-OPP-2016-0118. Celanese Ltd, 222 W Las
Colinas Blvd., Suite 900N, Irving, TX 75039, requests to establish an
exemption from the requirement of a for residues of 2-propenoic acid,
2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl
acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) with
a minimum number average mole1cular weight (in amu) of 20,000 (CAS Reg.
No. 518057-54-0) when used as an inert ingredient in pesticide
formulations under 40 CFR 180.960. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
    9. PP IN-10900. EPA-HQ-OPP-2016-0149. Celanese Ltd., 222 W Las
Colinas Blvd., Suite 900N, Irving, TX 75039, requests to establish an
exemption from the requirement of a tolerance for residues of 2-
propenoic acid, butyl ester, polymer with ethenyl acetate and sodium
ethenesulfonate with a minimum number average molecular weight (in amu)
of 20,000 (CAS Reg. No. 66573-43-1) when used as an inert ingredient in
pesticide formulations under 40 CFR 180.960. The petitioner believes no
analytical method is needed because it is an inert ingredient exempt
from a tolerance. Contact: RD.

Amended Tolerances

    1. PP 5F8427. EPA-HQ-OPP-2016-0067. Geo Logic Corporation, P.O. Box
3091, Tequesta, FL 33409, requests to amend the tolerances in 40 CFR
180.245 for residues of the bactericide/fungicide streptomycin by
removing tolerances in or on grapefruit at 0.15 parts per million (ppm)
and grapefruit, dried pulp at 0.40 ppm. The ion-pair reversed-phase
liquid chromatography with detection by MS/MS is used to measure and
evaluate the chemical streptomycin. Contact: RD.
    2. PP IN-10858. EPA-HQ-OPP-2016-0121. Drexel Chemical Company, P.O.
Box 13327, Memphis, TN 38113-03227, requests to amend the tolerance in
40 CFR 180.469 for residues of dichlormid (CAS Reg. No. 37764-25-3),
when used as an inert ingredient (herbicide safener) in pesticide
formulations to include tolerances at 0.05 part per million (ppm) for
all commodities for which there are tolerances for the active
ingredients metolachlor and s-metolachlor (40 CFR 180.368). Gas
Chromatography Mass Spectrometry (GC-MS) with nitrogen selective
thermionic detection is used to measure and evaluate the chemical
dichlormid. Contact: RD.

Amended Tolerance Exemptions

    1. PP 5F8407. EPA-HQ-OPP-2015-0811. DSM Food Specialties B.V., P.O.
Box 1, 2600 MA Delft, The Netherlands (c/o Keller and Heckman, LLP 1001
G. St. NW., Washington, DC 20001), requests to amend an exemption from
the requirement of a tolerance in 40 CFR 180.1315 for residues of the
fungistat natamycin by adding in or on citrus, pome, and stone fruit
crop groups; avocado; kiwi; mango; and pomegranate when applied as a
fungistat in accordance with label directions and good agricultural
practices. The petitioner believes no analytical method is needed
because the petition is for an exemption from the requirement of a
tolerance without any numerical limitation. Further, residues are not
expected on any other crops because natamycin will only be applied
indoors to these particular crops. Contact: BPPD.
    2. PP 5F8438. EPA-HQ-OPP-2016-0032. Valent BioSciences Corp., 870
Technology Way, Libertyville, IL 60048, requests to amend an exemption
from the requirement of a tolerance in 40 CFR 180.1189 for residues of
the biochemical pesticide methyl salicylate by adding in or on all
agricultural commodities. The petitioner believes no analytical method
is needed because the petitioner has validated residue methods in both
tomato and pepper. The analytical method for the assay of methyl
salicylate and salicylic acid is by gas chromatography with mass-
selective detection. Methyl salicylate will not result in residues that
are of toxicological concern, as the residue studies clearly show only
natural background levels of methyl salicylate and its metabolite
(salicylic acid) after applications, even at time zero. Contact: BPPD.

Amended Tolerance Exemption for Plant Incorporated Product

    PP 5F8425. EPA-HQ-OPP-2014-0457. J.R. Simplot Co., 5369 W. Irving
St., Boise, ID 83706, requests to amend an exemption from the
requirement of a tolerance in 40 CFR 174.534 for residues of the plant-
incorporated protectant (PIP) VNT1 protein in or on potato by
converting a currently existing temporary tolerance exemption to a
permanent tolerance exemption. The petitioner believes no analytical
method is needed because it is seeking an exemption from the
requirement of a tolerance. Contact: BPPD.

    Authority: 21 U.S.C. 346a.

     Dated: April 18, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-09559 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 3, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2004-17040

________________________________________________________________________
__________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Air Jamaica Limited					Date Filed:  February 3, 2004

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in (1)
scheduled foreign air transportation of persons, property and mail from
points behind Jamaica via Jamaica and intermediate points to a point or
points in the United States and beyond; (2) charter foreign air
transportation of persons, property and mail between any point or points
in the United States and any point or points, provided that, except with
respect to cargo charters, such service constitutes part of a continuous
operation that includes service to Jamaica for the purpose of carrying
local traffic between Jamaica and the United States; and (3) other
charters in accordance with Part 212 of the Department’s rules.

Date and citation of last action:  New authority

Applicant representative:  George U. Carneal & Ronald P. Brower (202)
637-6546/5762

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Pleadings:  On February 12, 2004, US Airways, Inc. filed an answer
stating that it did not oppose Air Jamaica’s request provided that US
Airways’ similarly broad request for authority to serve Jamaica
receives favorable consideration by the Department and the Government of
Jamaica.  US Airways further states that the Department and Government
of Jamaica should approve both requests “as soon as possible”.  No
further comments were filed in response to Air Jamaica’s request.

DISPOSITION

Action:  Approved  (see remarks below)						Action date:  March 3, 2004

Effective dates of authority granted:  March 3, 2004-March 3, 2006

Basis for approval (bilateral agreement/reciprocity):  The authority
granted is consistent with the October 30, 2002, aviation agreement
between the United States and Jamaica (the agreement), which is being
applied on the basis of comity and reciprocity, pending entry into force
of the agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  X  Standard exemption
conditions (attached)

Special conditions/Partial grant/Denial basis:  None

Remarks:  The Department recently granted the request to which US
Airways referred in its answer (see Notice of Action Taken dated March
2, 2004, in Docket OST-1996-1775).  As to the Government of Jamaica, we
have no reason to believe that it will not be forthcoming with rights
available to US Airways under the agreement.  Therefore, we see no
public interest benefit to withholding the authority requested by Air
Jamaica here.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the

extent not granted/deferred/dismissed, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

2

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

				Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.


[Federal Register Volume 83, Number 47 (Friday, March 9, 2018)]
[Notices]
[Pages 10476-10478]
[FR Doc No: 2018-04704]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0141; FRL-9974-91]

Certain New Chemicals or Significant New Uses; Statements of
Findings for December 2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document

presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from December 1, 2017 to December 31, 2017.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Greg Schweer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0141, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from December 1, 2017 to December 31, 2017.

III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     Website link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: P-17-0153; Chemical identity: D-Glucitol, 1-deoxy-
1-(dimethylamino)- (CASRN: 76326-99-3); website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-78.
    EPA Case Number: P-18-0026; Chemical identity: Silsesquioxanes,
2,4,4-trimethylpentyl, hydroxy-terminated (CASRN: 217654-68-7); website
link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-80.
    EPA Case Number: P-18-0032; Chemical identity: Alkyl alkenoic acid,
alkyl ester, polymer with alkyl alkenoate, dialkyl alkanediol,
substituted carbomonocycle, disubstituted heteromonocycle,disubstituted
heteropolycyclic, alkanediol, substituted alkyl alkyl alkenoate and
substituted heteromonocycle, dialkyl peroxide initiated (generic name);
website link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-79.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: March 1, 2018.
Greg Schweer,
Chief, New Chemicals Management Branch, Chemical Control Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2018-04704 Filed 3-8-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 21, 2008 (Volume 73, Number 35)]
[Proposed Rules]
[Page 9504-9506]
[DOCID:fr21fe08-27]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0022; Airspace Docket 07-AEA-07]

Proposed Amendment of Class E Airspace; Waynesburg, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend the Class E airspace area at
Waynesburg, PA, to accommodate a new Standard Instrument Approach
Procedure (SIAP) that has been developed for Green County Airport. As a
result, controlled airspace extending upward from 700 feet Above Ground

Level (AGL) needs to be expanded to contain the SIAP and other
Instrument Flight Rules (IFR) operations at Green County Airport. The
operating status of the airport will change from Visual Flight Rules
(VFR) to include IFR operations concurrent with the publication of the
SIAP. Additional controlled airspace is necessary for the safety and
management of IFR operations at Green County, Waynesburg, PA.

DATES: Comments must be received on or before April 7, 2008.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590; telephone:
1-800-647-5527. You must identify the docket number FAA-2007-0022;
Airspace Docket 07-AEA-07, at the beginning of your comments. You may
also submit comments on the Internet at http://www.regulations.gov. You

may review the public docket containing the proposal, any comments
received, and any final disposition in person in the Dockets Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, view or arguments, as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2007-0022;
Airspace Docket No. 07-AEA-07.'' The postcard will be date/time stamped
and returned to the commenter. All communications received before the
specified closing date for comments will be considered before taking
action on the proposed rule. The proposal contained in this notice may
be changed in light of the comments received. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://.

www.faa.gov or the Federal Register's Web page at http://www.gpoaccess.gov/fr/index.html.
 Persons interested in being placed on

a mailing list for future NPRM's should contact the FAA's Office of
Rulemaking,<PHONE_NUMBER>, to request a copy of Advisory Circular No.
11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify Class E airspace at Waynesburg,
PA. A new Area Navigation (RNAV) Global Position System (GPS) Runway
(RWY) 09 Standard Instrument Approach Procedure (SIAP) has been
developed at the Green County Airport. Controlled airspace, known as
Class E5 airspace, extending upward from 700 feet or more above the
surface of the Earth, is required for instrument flight rule operations
and to encompass all SIAPs to the extent possible. Although Class E
airspace exists at the airport, it is of insufficient size and needs to
be increased from a 6-mile radius to an 8.3-mile radius to incorporate
the SIAP. Class E airspace designations for airspace areas extending
upward from 700 feet or more above the surface of the Earth are
published in Paragraph 6005 of FAA Order 7400.9R, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designation listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this a routine matter that will
only affect air traffic procedures and air navigation, it is certified
that this rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in the Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class E Airspace at Waynesburg, PA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AEA PA E5 Waynesburg, PA [Amended]

Green County Airport, PA
    (Lat. 39[deg]54'00'' N., long. 80[deg]07'59'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within an 8.3-mile radius of Green County Airport.
* * * * *

    Issued in College Park, Georgia, on January 31, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-722 Filed 2-20-08; 8:45 am]

BILLING CODE 4910-13-M


Agenda Molybdenum and Other Metals in CWT Wastewater I Start Conference Call, Attendance Sign In and Introductions Suitability of Biological Treatment for Molybdenum Removal tudy ( as revised for CWT rulemaking) T Facility in Development Document Molybdenum in Organic Subcategory Wastewater Molybdenum in MP& M Wastewaters Molybdenum in Landfill Leachate, Clean Harbors Molybdenum Not a Good Indicator of the Performance of BAT Treatment i Discussion of Oily Waste Subcategory and Molybdenum, Barium, Antimony and Titanium in All Subcategories


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55435-55438]
[FR Doc No: 2018-24067]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84507; File No. SR-CboeBZX-2018-079]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change, as Modified by Amendment No. 1, To
Establish How the BZX Official Closing Price Would Be Determined for
BZX-Listed Securities

October 30, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 18, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as modified by Amendment No. 1, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ On October 29, 2018, the Exchange filed Amendment No. 1 to
the proposed rule change to specify the date upon which the
Exchange's President (or designee) approved the proposed rule
change, pursuant to delegated authority.
---------------------------------------------------------------------------

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

    The Exchange proposes a rule change to establish how the BZX
Official Closing Price would be determined for BZX-listed securities.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend BZX Rule 11.23, Auctions, to amend
how the BZX Official Closing Price \4\ would be determined for any BZX-
listed security that is not a corporate security (a ``Derivative
Securities Product'') \5\ if the Exchange does not conduct a Closing
Auction or if a Closing Auction trade is less than a round lot
(collectively, an ``Illiquid Auction''). Rule 11.23(c)(2)(B) currently
provides how the Exchange determines the price of the Closing Auction
and the BZX Official Closing Price. This proposed functionality is very
similar to functionality that has already been approved by the
Commission and is operational on NYSE Arca, Inc. (``Arca'') (the ``Arca
Rule'') \6\ and the Exchange believes that it raises no new

substantive issues for the Commission to review.
---------------------------------------------------------------------------

    \4\ As defined in Rule 11.23(a)(3), the term ``BZX Official
Closing Price'' shall mean the price disseminated to the
consolidated tape as the market center closing trade.
    \5\ With respect to equities traded on the Exchange, the term
``new derivative securities product'' means a security that meets
the definition of ``new derivative securities product'' in Rule 19b-
4(e) under the Securities Exchange Act of 1934. See BZX Rule
14.11(j). For purposes of Rule 19b-4(e), a ``new derivative
securities product'' means any type of option, warrant, hybrid
securities product or any other security, other than a single equity
option or a security futures product, whose value is based, in whole
or in part, upon the performance of, or interest, in, an underlying
instrument. 17 CFR 240.19b-4(e).
    \6\ See Securities Exchange Act Release No. 82907 (March 20,
2018), 83 FR 12980 (March 26, 2018) (SR-NYSEArca-2018-08) (order
approving proposed changes to Arca Rule 1.1(ll) related to
determining an Official Closing Price).
---------------------------------------------------------------------------

    Current Rule 11.23(c)(2)(B) outlines the process for determining
the price level at which the Closing Auction will occur \7\ and
provides that the Closing Auction price will be the BZX Official
Closing Price or, in the event that there is no Closing Auction for an
issue, the BZX Official Closing Price will be the price of the Final
Last Sale Eligible Trade.\8\
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    \7\ The Exchange notes that it is not proposing to make changes
to the process for determining the price level at which the Closing
Auction will occur.
    \8\ As defined in Rule 11.23(a)(9), the term ``Final Last Sale
Eligible Trade'' shall mean the last trade occurring during Regular
Trading Hours on the Exchange if the trade was executed within the
last one second prior to either the Closing Auction or, for Halt
Auctions, trading in the security being halted. Where the trade was
not executed within the last one second, the last trade reported to
the consolidated tape received by BZX Exchange during Regular
Trading Hours and, where applicable, prior to trading in the
security being halted will be used. If there is no qualifying trade
for the current day, the BZX Official Closing Price from the
previous trading day will be used.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 11.23(c)(2)(B) in order to
change how the BZX Official Closing Price for an Exchange-listed
security that is a Derivative Securities Product would be determined in
the event of an Illiquid Auction. The proposed rule change is intended
to make the BZX Official Closing Price more reflective of the value of
such a Derivative Securities Product. Specifically, if a security is
thinly traded or generally illiquid, it's currently possible that the
BZX Official Closing Price for such Derivatives Securities Product will
be based on a Final Last Sale Eligible Trade that may be hours, days,
or even months old and therefore not necessarily reflect the true and
current value of the security.
    The Exchange believes that an execution that qualifies as a Final
Last Sale Eligible Trade that occurs in the last five minutes of
trading during Regular Trading Hours \9\ is sufficiently recent as to
be reflective of the current market value of a Derivative Securities
Product and, in the event of an Illiquid Auction, should be used as the
BZX Official Closing Price. Where no such execution occurs, however,
the Exchange believes that a time-weighted value based on the midpoint
of the NBBO \10\ leading into the close is likely to be more indicative
of the true and current value of the security than a Final Last Sale
Eligible Trade that occurred more than five minutes prior to the close.
As such, in the event that there is an Illiquid Auction in a BZX-listed
Derivative Securities Product, the Exchange proposes that the BZX
Official Closing Price would be the time-weighted average price of the
midpoint of the NBBO over the last five minutes of trading before the
end of Regular Trading Hours (the ``TWAP''). Based on the foregoing,
the Exchange notes that it is proposing to use only the Final Last Sale
Eligible Trade or the TWAP and not any weighting or combination of the
two.
---------------------------------------------------------------------------

    \9\ As defined in Rule 1.5(w), the term ``Regular Trading
Hours'' means the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
    \10\ As defined in Rule 1.5(o), the term ``NBBO'' shall mean the
national best bid or offer.
---------------------------------------------------------------------------

    In order to implement these proposed changes, the Exchange is
proposing to amend Rule 11.23(c)(2)(B) to make clear that for a BZX-
listed corporate security, the Closing Auction price will be the BZX
Official Closing Price, which is consistent with current functionality.
The Exchange is further proposing to amend Rule 11.23(c)(2)(B) in order
to add a three part test for determining the BZX Official Closing Price
for Derivative Securities Products, as follows.
    Proposed new Rule 11.23(c)(2)(B)(i) would provide that where at
least one round lot is executed in the Closing Auction, the Closing
Auction price will be the BZX Official Closing Price.
    Proposed new Rule 11.23(c)(2)(B)(ii) would provide that in the
event that the BZX Official Closing Price for an issue that is a
Derivative Securities Product cannot be determined under paragraph
(B)(i) of this Rule, the BZX Official Closing Price for such security
will depend on when the last Final Last Sale Eligible Trade occurs. If
a trade that would qualify as a Final Last Sale Eligible Trade
occurred: (a) Within the final five minutes before the end of Regular
Trading Hours, the Final Last Sale Eligible Trade will be the BZX
Official Closing Price; or (b) prior to five minutes before the end of
Regular Trading Hours, the time-weighted average price of the NBBO
midpoint measured over the last 5 minutes before the end Regular
Trading Hours will be the BZX Official Closing Price.
    Proposed new Rule 11.23(c)(2)(B)(iii) would provide that if the BZX
Official Closing Price cannot be determined under proposed paragraphs
(B)(i) or (B)(ii) of this Rule, the Final Last Sale Eligible Trade will
be the BZX Official Closing Price.
    As noted above, the Exchange believes that the proposed
functionality is very similar to the Arca Rule and does not raise any
substantive issues not already considered by the Commission. The only
substantive difference between the proposal and the Arca Rule relates
to the Exchange proposing only to use one of the TWAP or the Final Last
Sale Eligible Trade for the BZX Official Closing Price and to exclude,
contrary to the Arca Rule, any scenarios that would result in a blended
price by changing the weight of the TWAP and the Final Last Sale
Eligible Trade depending on how many minutes prior to the end of the
trading day such Final Last Sale Eligible Trade occurs.
    There are also two differences that the Exchange believes are non-
substantive. First, the Exchange's proposed functionality for
determining the BZX Official Closing Price applies to all securities
listed on the Exchange that are not corporate securities, while the
Arca Rule applies to all ``derivative securities products.'' \11\
Substantively, however, there is no practical difference between these
definitions because the Exchange only offers listing of corporate
securities (which it has excluded from the proposed new functionality)
and products that would fall under the definition of derivative
securities products. Second, the Arca Rule references the
``consolidated last-sale eligible trade'' in several instances where
the Exchange proposed rule references the Final Last Sale Eligible
Trade. The only difference between the definition of the consolidated
last-sale eligible trade and the Final Last Sale Eligible Trade for
purposes of this application is that the value of the Final Last Sale
Eligible Trade will default to any execution on the Exchange that
occurs within the last one second prior to the Closing Auction. For
purposes of this proposal, the definitions are otherwise identical. The
Exchange does not believe that this is a substantive difference because
it is unlikely that securities for which this functionality is intended
to improve a BZX Official Closing Price because of a lack of trading
activity will have trading activity in the final second prior to the
Closing Auction.
---------------------------------------------------------------------------

    \11\ The term ``Derivative Securities Product'' as used in
Arca's rules means a security that meets the definition of
``derivative securities product'' in Rule 19b-4(e) under the
Securities Exchange Act of 1934. See Arca Rule 1.1(k). For purposes
of Rule 19b-4(e), a ``derivative securities product'' means any type
of option, warrant, hybrid securities product or any other security,
other than a single equity option or a security futures product,
whose value is based, in whole or in part, upon the performance of,
or interest, in, an underlying instrument. 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

Implementation
    The Exchange will implement the proposed rule change for
determining the BZX Official Closing Price as soon as is practicable
after the approval date of this proposed rule change and will announce
the implementation date via Trade Desk Notice.

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide for a method of
determining the BZX Official Closing Price in an Exchange-listed
security that is a Derivative Securities Product if there is no Closing
Auction or if a Closing Auction trade is less than a round lot on a
trading day. More specifically, the Exchange believes the proposed
methodology for determining the BZX Official Closing Price would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide for a more up-to-date
indication of the value of such a security if there have not been any
Final Last Sale Eligible Trades leading in to the close of trading. The
Exchange believes the proposed BZX Official Closing Price calculation
would also provide a closing price that more accurately reflects the
most recent and reliable market information possible.
    The Exchange further believes that the proposed TWAP calculation
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would provide for a
more robust mechanism to determine the value of an affected security
for purposes of determining a BZX Official Closing Price. By using
either the price of a Final Last Sale Eligible Trade that occurs within
five minutes of the close or a time-weighted calculation based on the
midpoint of the NBBO over the last five minutes of trading leading into
the close, the Exchange believes that the proposed calculation would
result in a BZX Official Closing Price that is more reflective of the
true and current value of such security on that trading day than would
otherwise occur under the current Closing Auction mechanism.
    The Exchange also believes that the proposed methodology for
determining a BZX Official Closing Price would be appropriate for
Derivative Securities Products because if such securities are thinly
traded, the price of the Final Last Sale Eligible Trade that occurred
earlier in a trading day or even from a prior trading day may no longer
be reflective of the value of such product, which should be priced
relative to the value of the components of such security. In such case,
either a more recent execution (in the last five minutes of Regular
Trading Hours) or recent quoting activity will likely be more
reflective of the value of the security. As such, the Exchange is
proposing to use the TWAP in order to measure such quoting activity in
order to avoid overly weighting a potentially stale quote that may
occur leading into the close, which the Exchange believes would provide
a greater indication of the value of such securities.
    Finally, the Exchange believes that the proposed functionality does
not raise any substantive issues not already considered by the
Commission in approving the Arca Rule.
    For the above reasons, the Exchange believes that the proposal is
consistent with the requirements of Section 6(b)(5) of the Act.

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 Act. The proposed rule change is
designed to provide for how the Exchange would determine the BZX
Official Closing Price for Exchange-listed securities that are
Derivative Securities Products if there is no Closing Auction or if a
Closing Auction trade is less than a round lot on a trading day, which
will help it better compete as a listing venue.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove 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 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 email to [email protected]. Please include
File Number SR-CboeBZX-2018-079 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2018-079. This
file number should be included on the subject line if email 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish

to make available publicly. All submissions should refer to File Number
SR-CboeBZX-2018-079, and should be submitted on or before November 26,
2018.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24067 Filed 11-2-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22615-22617]
[FR Doc No: 2016-08899]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-2065]

Radiation Biodosimetry Medical Countermeasure Devices; Guidance
for Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the guidance entitled ``Radiation Biodosimetry
Medical Countermeasure Devices.'' FDA has developed this guidance to
provide industry and Agency staff with recommendations for the types of
information that should be submitted to support marketing authorization
for radiation biodosimetry medical countermeasure devices.

DATES: Submit either electronic or written comments on this guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential,

if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-D-2065 for ``Radiation Biodosimetry Medical Countermeasure
Devices.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at http://www.regulations.gov or at the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    An electronic copy of the guidance document is available for
download from the Internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Radiation Biodosimetry Medical Countermeasure Devices'' to the Office
of the Center Director, Guidance and Policy Development, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request.

FOR FURTHER INFORMATION CONTACT: Jennifer Dickey, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5648, Silver Spring, MD 20993-0002, 301-
796-5028.

SUPPLEMENTARY INFORMATION:

I. Background

    This guidance provides recommendations for the types of information
that should be submitted to support marketing authorization (e.g., the
clearance or approval) for radiation biodosimetry medical
countermeasure devices (referred to as ``biodosimetry devices'' or
``biodosimeters'' throughout this document).
    This guidance applies to premarket submissions for medical device
systems intended to measure biological responses to unintended (non-
therapeutic) radiation absorption. Biodosimetry devices are devices
used for the purpose of reconstructing the ionizing radiation dose
received by individuals or populations using physiological, chemical,
or biological markers of exposure found in humans. Biodosimetry
technologies may be used at various stages during triage, including
both early mass casualty triage and subsequent clinical evaluation.
Such exposures could be the result of intentional harm or as a
consequence of a disaster. Devices may be designed to give quantitative
outputs or qualitative information around a clinical decision making
cut-point. Likewise, devices may be designed for use in field triage
settings, at patient bedsides, or in Clinical Laboratory Improvement
Amendments of 1988 (CLIA) (Pub. L. 100-578) certified clinical
laboratories. FDA considered both high-throughput and single-use
devices in developing this guidance document.
    This guidance only applies to validation of diagnostic biodosimetry
devices intended to be used to assess radiation absorption that occurs
as a result of non-therapeutic or accidental exposures (e.g., a
deliberate attack, such as use of an improvised nuclear device, or a
natural disaster), and does not apply to medical devices intended to be
used to measure doses delivered as a result of radiation therapy nor to
devices that measure effects from long-term radiation exposure. In
addition, dosimeters, which are devices that detect radiation exposure
on a physical substrate rather than through a biological response and
are worn by people who might be exposed to radiation during the course
of their normal work (such as film badges), are not addressed in this
guidance document. Finally, biological assays that might be used to
detect the presence of ingested radioisotopes in sputum or urine are
not considered in this guidance document.
    This guidance document does not provide specific study designs; it
describes design principles for studies that may be used to establish a
reasonable assurance of the safety and effectiveness of biodosimetry
devices.
    In the Federal Register of December 30, 2014 (79 FR 78448), the
Agency announced the issuance of the draft guidance entitled
``Radiation Biodosimetry Devices; Draft Guidance for Industry and Food
and Drug Administration Staff.'' In the Federal Register of May 28,
2015 (80 FR 30466), FDA reopened and extended the comment period on the
draft guidance. The Agency has considered the comments, as appropriate.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Radiation Biodosimetry Medical
Countermeasure Devices.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the Internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. Persons
unable to download an electronic copy of ``Radiation Biodosimetry
Medical Countermeasure Devices'' may send an email request to<EMAIL_ADDRESS>to receive an electronic copy of the document.
Please use the document number 1400045 to identify the guidance you are
requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 58 have been approved under
OMB control number 0910-0119; the collections of information in 21 CFR
parts 801 and 809 have been approved under OMB control number 0910-
0485; the collections of information in 21 CFR part 807, subpart E,
have been approved under OMB control number 0910-0120; the collections
of information in 21 CFR part 812 have been approved under OMB control
number 0910-0078; the collections of information in 21 CFR part 814
have been approved under OMB control number 0910-0231; the collections
of information in the guidance document entitled ``Informed Consent For
In Vitro Diagnostic Device Studies Using Leftover Human Specimens That
Are Not Individually Identifiable'' have been approved under OMB
control number 0910-0582; the collections of information in the
guidance document entitled ``Guidance for Industry and FDA Staff:
Administrative Procedures for CLIA Categorization'' have been approved
under OMB control number 0910-0607; and the collections of information
in the guidance document entitled ``Requests for Feedback on Medical
Device Submissions: The Pre-Submission Program and Meetings with Food
and Drug Administration Staff'' have been approved under OMB control
number 0910-0756.

    Dated: April 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-08899 Filed 4-15-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Page 66439]
[FR Doc No: 2023-21097]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Docket Numbers: EG23-300-000.
    Applicants: Proxima Solar, LLC.
    Description: Proxima Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 9/19/23.
    Accession Number: 20230919-5131.
    Comment Date: 5 p.m. ET 10/10/23.

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

    Docket Numbers: ER23-2889-000.
    Applicants: Bayou Galion Solar Project, LLC.
    Description: Request for Limited and Prospective Tariff Waiver, et
al. of Bayou Galion Solar Project, LLC.
    Filed Date: 9/19/23.
    Accession Number: 20230919-5055.
    Comment Date: 5 p.m. ET 10/10/23.

    Docket Numbers: ER23-2897-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6725; Queue No. AE2-117 to be effective 11/20/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5017.
    Comment Date: 5 p.m. ET 10/12/23.

    Docket Numbers: ER23-2898-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of NSA,
Service Agreement No. 6266; Queue No. AB2-175 to be effective 11/20/
2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5032.
    Comment Date: 5 p.m. ET 10/12/23.

    Docket Numbers: ER23-2899-000.
    Applicants: MS Solar 6, LLC.
    Description: Baseline eTariff Filing: MS Solar 6, LLC MBR
Application Filing to be effective 10/15/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5036.
    Comment Date: 5 p.m. ET 10/12/23.

    Docket Numbers: ER23-2900-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Termination Kramer Junction 6
TOT695/Kramer Junction 7 TOT696Q LGIAs to be effective 11/21/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5052.
    Comment Date: 5 p.m. ET 10/12/23.

    Docket Numbers: ER23-2901-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA, Service
Agreement No. 5729; Queue No. AF1-021 to be effective 11/20/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5097.
    Comment Date: 5 p.m. ET 10/12/23.

    Docket Numbers: ER23-2902-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
FERC No. 6 to be effective 11/20/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5105.
    Comment Date: 5 p.m. ET 10/12/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    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].

    Dated: September 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-21097 Filed 9-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Page 20835]
[FR Doc No: 2011-8286]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Document No. FAA-2011-0009; Airspace Docket No. 10-AWP-20]

Amendment of VOR Federal Airways V-1, V-7, V-11 and V-20; Kona,
HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; delay of effective date.

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

SUMMARY: This action delays the effective date for the amendment of
four VOR Federal airways in the vicinity of Kona, HI; V-1, V-7, V-11
and V-20. The FAA is taking this action due to procedural changes
requiring additional flight inspection.

DATES: The effective date of FR Doc. 2011-5078, published on March 10,
2011 (76 FR 13082), is delayed to 0901 UTC August 25, 2011.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace, Regulations and
ATC Procedures Group, Office of Mission Support Services, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Airspace Docket No. 10-AWP-20, published in the Federal Register on
March 10, 2011, (76 FR 13082), amends VOR Federal Airways V-1, V-7 V-11
and V-20; Kona, HI. These VHF Omnidirectional Range Federal airways are
being impacted by flight inspection delays due to the relocation of the
VHF Omnidirectional Radio Range and Tactical Air Navigation Aid
(VORTAC) thereby delaying the effective date of May 5, 2011, to August
25, 2011.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation (1) is not a significant regulatory action
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Delay of Effective Date

    The effective date of the final rule, Airspace Docket 10-AWP-20, as
published in the Federal Register on March 10, 2011 (76 FR 13082), is
hereby delayed until August 25, 2011.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Washington, DC, on March 30, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-8286 Filed 4-13-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78235-78236]
[FR Doc No: 2010-31418]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13890-000]

Dodge Mill Realty, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

December 8, 2010.
    On December 3, 2010, Dodge Mill Realty, LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Dodgeville Dam
Hydroelectric Project to be located on the 10 Mile River near the Town
of Attleboro, in Bristol County, Massachusetts. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of: (1) The existing 20-foot-
high, 400-foot-long Dodgeville dam equipped with a 40-foot-long
spillway; (2) the existing 23-acre Dodgeville pond with a normal pool
elevation of 101.5 feet NGVD; (3) a new 4-foot-wide, 7-foot-high intake
structure equipped with a new slide gate and trashrack; (4) a new 4-
foot-diameter, 50-foot-long penstock; (5) a new powerhouse with four
turbine generating units with a total installed capacity of 56
kilowatts; and (6) a new 220 volt, 300-foot-long transmission line. The
project would produce an estimated average annual generation of about
236 megawatt-hours.
    Applicant Contact: Gary Demers, 453 South Main Street, Attleboro,
MA 02703, phone:<PHONE_NUMBER> or<PHONE_NUMBER>.
    FERC Contact: Tom Dean<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site 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. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13890) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-31418 Filed 12-14-10; 8:45 am]
BILLING CODE 6717-01-P