[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39390-39392]
[FR Doc No: 2012-16203]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 522 and 556

[Docket No. FDA-2012-N-0002]

Implantation or Injectable Dosage Form New Animal Drugs;
Maropitant; Tildipirosin

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval actions for new animal drug
applications (NADAs) and abbreviated new animal drug applications
(ANADAs) during May 2012. FDA is also informing the public of the
availability of summaries of the basis of approval and of environmental
review documents, where applicable.

DATES: This rule is effective July 3, 2012.

FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA's Center for Veterinary Medicine (CVM)
is adopting use of a monthly Federal Register document to codify
approval actions for NADAs and ANADAs. CVM will no longer publish a
separate rule for each action. This approach will allow a more
efficient use of available resources.

    In this document, FDA is amending the animal drug regulations to
reflect the original and supplemental approval actions during May 2012,
as listed in table 1 of this document. In addition, FDA is informing
the public of the availability, where applicable, of documentation of
environmental review required under the National Environmental Policy
Act (NEPA) and, for actions requiring review of safety or effectiveness
data, summaries of the basis of approval (freedom of information
summaries) under the Freedom of Information Act (FOIA). These public
documents may be seen in the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville,
MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Persons
with access to the Internet may obtain these documents at the CVM FOIA
Electronic Reading Room at http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

                  Table 1--Original and Supplemental NADAs and ANADAs Approved During May 2012
----------------------------------------------------------------------------------------------------------------
                                   New animal drug                       21 CFR                          NEPA
   NADA/ANADA         Sponsor        product name        Action         Section       FOIA  Summary     Review
----------------------------------------------------------------------------------------------------------------
141-334.........  Intervet, Inc.,  ZUPREVO 18%      Original         522.2460       yes.............  CE \1\
                   556 Morris       (tildipirosin)   approval for    556.733
                   Ave., Summit,    Injectable       the treatment
                   NJ 07901.        Solution.        of bovine
                                                     respiratory
                                                     disease (BRD)
                                                     in beef and
                                                     non-lactating
                                                     dairy cattle;
                                                     and for the
                                                     control of
                                                     respiratory
                                                     disease in
                                                     beef and non-
                                                     lactating
                                                     dairy cattle
                                                     at high risk
                                                     of developing
                                                     BRD.
141-263.........  Pfizer, Inc.,    CERENIA          Supplemental     522.1315       yes.............  CE \1\
                   235 East 42d     (maropitant      approval
                   St., New York,   citrate)         adding
                   NY 10017.        Injectable       treatment of
                                    Solution.        vomiting in
                                                     cats.
----------------------------------------------------------------------------------------------------------------
\1\ The Agency has determined under 21 CFR 25.33 that this action is categorically excluded from the requirement
  to submit an environmental assessment or an environmental impact statement because it is of a type that does
  not individually or cumulatively have a significant effect on the human environment.

List of Subjects

21 CFR Part 522

    Animal drugs.

21 CFR Part 556

    Animal drugs, Foods.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 522 and
556 are amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
2. In Sec.  522.1315, revise paragraph (c) to read as follows:

Sec.  522.1315  Maropitant.

* * * * *
    (c) Conditions of use--(1) Dogs--(i) Amount. Administer 1.0 mg per
kilogram (mg/kg) of body weight by subcutaneous injection once daily
for up to 5 consecutive days.
    (ii) Indications for use. For the prevention and treatment of acute
vomiting.
    (iii) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.
    (2) Cats--(i) Amount. Administer 1.0 mg/kg of body weight by
subcutaneous injection once daily for up to 5 consecutive days.
    (ii) Indications for use. For the treatment of vomiting.
    (iii) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.

0
3. Section 522.2460 is added to read as follows:

Sec.  522.2460  Tildipirosin.

    (a) Specifications. Each milliliter of solution contains:
    (1) 180 milligrams (mg) tildipirosin.
    (2) [Reserved]
    (b) Sponsor. See No. 000061 in Sec.  510.600(c) of this chapter.
    (c) Related tolerances. See Sec.  556.733 of this chapter.
    (d) Conditions of use--(1) Cattle--(i) Amount. Administer 4 mg/kg
of bodyweight one time by subcutaneous injection in the neck.
    (ii) Indications for use. For the treatment of bovine respiratory
disease (BRD) associated with Mannheimia haemolytica, Pasteurella
multocida, and Histophilus somni in beef and non-lactating dairy
cattle; and for the control of respiratory disease in beef and non-
lactating dairy cattle at high risk of developing BRD associated with
M. haemolytica, P. multocida, and H. somni.
    (iii) Limitations. Cattle intended for human consumption must not
be slaughtered within 21 days from the last treatment. Do not use in
female dairy cattle 20 months of age or older. A withdrawal period has
not been established for this product in preruminating calves. Do not
use in calves to be processed for veal. Federal law restricts this drug
to use by or on the order of a licensed veterinarian.
    (2) [Reserved]

PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD

0
4. The authority citation for 21 CFR part 556 continues to read as
follows:

    Authority: 21 U.S.C. 342, 360b, 371.

0
5. Add Sec.  556.733 to read as follows:

Sec.  556.733  Tildipirosin.

    (a) Acceptable Daily Intake (ADI). The ADI for total residues of
tildipirosin is 10 micrograms per kilogram of body weight per day.
    (b) Tolerances. The tolerances for tildipirosin (the marker
residue) are:
    (1) Cattle--(i) Liver (the target tissue): 10 parts per million.
    (ii) [Reserved]
    (2) [Reserved]
    (c) Related conditions of use. See Sec.  522.2460 of this chapter.

    Dated: June 27, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-16203 Filed 7-2-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: August 31, 2007 (Volume 72, Number 169)]
[Notice]
[Page 50421-50423]
[DOCID:fr31au07-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56325; File No. SR-Amex-2007-90]

Self-Regulatory Organizations; American Stock Exchange, LLC;
Notice of Filing of Proposed Rule Change, as Modified by Amendment No.
1, To Establish a Fee on a Listed Company That Changes Its Corporate
Name or Ticker Symbol

August 27, 2007.
    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 August 16, 2007, the American Stock Exchange, LLC (``Amex'' or
``Exchange'') 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 substantially prepared by Amex. On
August 27, 2007, the

Exchange submitted Amendment No. 1 to the proposed rule change.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as modified by Amendment No. 1, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 made technical corrections to Exhibits 1 and
5 of the original filing.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 142 of the Amex Company
Guide in order to impose a fee on a listed company that changes its
name or ticker symbol. The text of the proposed rule change is
available at http://www.amex.com, at the Exchange, 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Pursuant to Sections 140 and 141 of the Amex Company Guide, the
Exchange charges issuers initial and annual listing fees, respectively,
based on the number of listed shares. Additional listing fees are also
imposed if an issuer lists more shares of a listed class of securities.
Amex rules also provide for a fee when a company effects a
``substitution listing,'' which consists of reclassifying, changing, or
exchanging the listed security into or for another security. The Nasdaq
Stock Market (``Nasdaq'') charges similar fees upon the occurrence of
the same type of events.\4\ In addition to the fees described above,
Nasdaq imposes fees on issuers for name and symbol changes, as well as
for changes in par value, title, or security designation.\5\
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    \4\ See Nasdaq Rules 4510 and 4520.
    \5\ See id.
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    Currently, the Amex does not impose a separate fee for name and
symbol changes. In the event of an issuer name or symbol change, the
Amex Corporate Actions Group \6\ must process the documentation
required to modify Exchange records. The process of effecting such
changes includes, among other things, contacting the issuer's outside
counsel, updating internal Amex files, tracking the name change through
the issuer's shareholder approval process, updating daily list records
and notifying the Floor. In the event of a symbol change, an Amex
employee must also contact the other exchanges to determine whether the
symbol is available. If the symbol is not available the employee must
contact each exchange again with an alternate symbol. This process can
take a few days to complete.
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    \6\ The Corporate Actions Group is part of the Listing
Qualifications Department.
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    During 2005 and 2006, the Amex processed approximately 90 name and/
or symbol changes.\7\ In light of the staff resources required to
effectuate these changes, the Exchange proposes to impose a $2,000 fee
for name and/or symbol changes. The proposed fee would not apply to
changes to par value, title, or security designation, as these types of
changes occur infrequently, and in virtually all cases constitute a
substitution listing which is already subject to a fee of at least
$5,000.
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    \7\ Three of the 90 changes were changes to the issuer's symbols
only.
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    The Exchange believes that the proposal is equitable as required by
Section 6(b)(4) of the Act.\8\ Nasdaq currently charges $2,500 for the
same type of change.\9\ Accordingly, the Amex believes that the
imposition of a $2,000 fee is reasonable given the Exchange resources
necessary to implement and disseminate these changes. The Exchange
further submits that the proposal is substantially similar to a
comparable Nasdaq fee.
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    \8\ Section 6(b)(4) of the Act states that the rules of a
national securities exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and
issuers and other persons using its facilities.
    \9\ See supra, note 4.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \10\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act \11\ in
particular, in that the proposed rule change is designed to provide an
equitable allocation of dues, fees, and other charges among members and
issuers and other persons using the Exchange's facilities, and is
designed to remove impediments to and perfect the mechanism of a free
and open market and a national market system, and is not designed to
permit unfair discrimination between issuers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
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 on the proposed rule change 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 the Exchange 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 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-Amex-2007-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-90. 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, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 am and 3 pm.
Copies of such filing also will be available for inspection and copying
at the principal office of the Exchange. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Amex-2007-90 and should be submitted on
or before September 21, 2007.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
Nancy M. Morris,
Secretary.
[FR Doc. E7-17353 Filed 8-30-07; 8:45 am]

BILLING CODE 8010-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on February 3, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20097

________________________________________________________________________
________________________________________________________

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:  Gulf Air Company					Date Filed:  January 12, 2005, as
supplemented

Relief requested:  Exemption from 49 U.S.C. 41301 to engage in scheduled
foreign air transportation of persons, property and mail between Abu
Dhabi, Bahrain, Oman and Qatar, on the one hand, and a point or points
in the United States, on the other hand, via intermediate points,
pursuant to a codeshare arrangement with American Airlines, Inc.

If renewal, date and citation of last action:  New authority

Applicant representative:  Moffett Roller<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  February 3, 2005

Effective dates of authority granted:  February 3, 2005-February 3, 2007

Basis for approval (bilateral agreement/reciprocity):  Bilateral
agreements between the United States and the United Arab Emirates,
Bahrain, Oman, and Qatar

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached)

X  Codeshare conditions imposed on Gulf Air and American on January 5,
2005, in Docket OST-2004-19923.

Special conditions/Partial grant/Denial basis/Remarks:  The authority
granted above does not authorize Gulf Air to operate its own aircraft to
any point in the United States to which Gulf Air does not currently hold
Department authority to serve with its own aircraft and crews (see
Docket OST-95-309).

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.  Under authority assigned by the Department in its
regulations, 14 CFR Part 385, we found that (1) our action was
consistent with Department policy; (2) grant of the authority was
consistent with the public interest; and (3) 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.

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:

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

Foreign Carrier Exemption 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, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  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 International Principal Security Inspector (IPSI) to advise
the IPSI 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.

											05/2004


[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71109-71112]
[FR Doc No: 2010-29324]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

November 15, 2010.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-566-001; ER10-566-002.
    Applicants: ArcLight Energy Marketing, LLC, Oak Creek Wind Power,
LLC, Coso Geothermal Power Holdings, LLC.
    Description: Supplemental to Updated Market Power Analysis for the
Southwest Region of Coso Geothermal Power Holdings, LLC.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5264.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2082-000.
    Applicants: South Carolina Electric & Gas Transmission.
    Description: South Carolina Electric & Gas Transmission submits
tariff filing per 35: Compliance filing clean up after initial baseline
filing to be effective 11/11/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5006.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2083-000.
    Applicants: Duke Energy Fayette II, LLC.
    Description: Duke Energy Fayette II, LLC submits tariff filing per
35.15: Cancel Tariff Database to be effective 1/10/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5012.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2084-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): Module B--Facilities Study
to be effective 1/12/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5119.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2086-000.
    Applicants: California Independent System Operator Corporation.
    Description: Petition of the California Independent System Operator
Corporation for Approval of Disposition of Proceeds of Penalty
Assessments.
    Filed Date: 11/12/2010.

    Accession Number: 20101112-5145.
    Comment Date: 5 p.m. Eastern Time on Friday, December 3, 2010.

    Docket Numbers: ER11-2086-000.
    Applicants: California Independent System Operator Corporation.
    Description: Petition of the California Independent System Operator
Corporation for Approval of Disposition of Proceeds of Penalty
Assessments.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5146.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2087-000.
    Applicants: FC Landfill Energy, LLC.
    Description: FC Landfill Energy, LLC submits tariff filing per
35.1: Baseline to be effective 11/12/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5156.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2088-000.
    Applicants: Border Energy Electric Services, Inc.
    Description: Border Energy Electric Services, Inc. submits tariff
filing per 35.12: FERC Electric Tariff, Volume No. 1 to be effective 1/
11/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5157.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2090-000.
    Applicants: Duke Energy Hanging Rock II, LLC.
    Description: Duke Energy Hanging Rock II, LLC submits tariff filing
per 35.13(a)(2)(iii): Reactive Power Filing to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5241.
    Comment Date: 5 p.m. Eastern Time on Friday, December 3, 2010.

    Docket Numbers: ER11-2091-000.
    Applicants: Duke Energy Washington II, LLC.
    Description: Duke Energy Washington II, LLC submits tariff filing
per 35.13(a)(2)(iii): Reactive Power Filing to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5242.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010

    Docket Numbers: ER11-2092-000.
    Applicants: Duke Energy Vermillion II, LLC.
    Description: Duke Energy Vermillion II, LLC submits tariff filing
per 35.13(a)(2)(iii): Reactive Power Filing to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5243.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2093-000.

    Applicants: Ameren Illinois Company.
    Description: Ameren Illinois Company submits tariff filing per
35.13(a)(2)(iii): Amendment B to Legacy Agreements to be effective 12/
31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5245.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2094-000.
    Applicants: Duke Energy Lee II, LLC.
    Description: Duke Energy Lee II, LLC submits tariff filing per
35.13(a)(2)(iii): Reactive Power Filing to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5246.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2095-000.
    Applicants: Duke Energy Fayette II, LLC.
    Description: Duke Energy Fayette II, LLC submits tariff filing per
35.13(a)(2)(iii): Reactive Power Filing to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5247.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2096-000.
    Applicants: The Connecticut Light and Power Company.
    Description: The Connecticut Light and Power Company submits tariff
filing per 35.13(a)(2)(iii): Localized Costs Responsibility Agreement
to be effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5252.
    Comment Date: 5 p.m. Eastern Time on Friday, December 3, 2010.

    Docket Numbers: ER11-2097-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Company submits tariff
filing per 35.1: OG&E Baseline Filing for WM-1 and WC-1 Tariff to be
effective 11/12/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5263.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2098-000.
    Applicants: Duke Energy Ohio, Inc.
    Description: Duke Energy Ohio, Inc. submits tariff filing per
35.15: Reactive Tariff Cancellations to be effective 12/31/9998.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5265.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2099-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Public Service Company of New Hampshire submits tariff
filing per 35.13(a)(2)(iii): Localized Costs Responsibility Agreement
to be effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5270
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2100-000.
    Applicants: Western Massachusetts Electric Company.
    Description: Western Massachusetts Electric Company submits tariff
filing per 35.13(a)(2)(iii): Localized Costs Responsibility Agreement
to be effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5275.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2101-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Transmission Owner Definition Membership Agreement
Revision to be effective 1/12/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5292.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2102-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Company submits tariff
filing per 35.1: OG&E Baseline Filing for Cost Based Tariff to be
effective 11/12/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5296.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2103-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Transmission Owner Definition Tariff Revision to be
effective 1/12/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5300.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2104-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): 11-12-10 AXTI Attachment O
Filing to be effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5304.

    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2105-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Company submits tariff
filing per 35.1: OG&E Baseline Filing for Market Based Tariff to be
effective 11/12/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5307.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2106-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.13(a)(2)(iii): 2010-11-12 CAISO MSG Delay
of Implementation Amendment to be effective 12/7/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5319.
    Comment Date: 5 p.m. Eastern Time on Monday, November 22, 2010.

    Docket Numbers: ER11-2107-000.
    Applicants: North Community Turbines LLC.
    Description: North Community Turbines LLC submits tariff filing per
35.12: North Community Turbines LLC Market-Based Rate Application to be
effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5321.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2108-000.
    Applicants: North Wind Turbines LLC.
    Description: North Wind Turbines LLC submits tariff filing per
35.12: North Wind Turbines LLC Market-Based Rate Application to be
effective 1/1/2011.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5325.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2109-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Company submits tariff
filing per 35.1: OG&E Baseline Filing for Open Access Transmission
Tariff to be effective 11/12/2010.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-5328.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2110-000.
    Applicants: Allegheny Energy Supply Company LLC.
    Description: Allegheny Energy Supply Company, LLC submits
authorization to make wholesale power to its affiliate.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-0204.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2111-000.
    Applicants: Allegheny Energy Supply Company LLC.
    Description: Allegheny Energy Supply Company, LLC submits
authorization to make wholesale power to its affiliate.
    Filed Date: 11/12/2010.
    Accession Number: 20101112-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, December 03, 2010.

    Docket Numbers: ER11-2112-000.
    Applicants: Blue Creek Wind Farm LLC.
    Description: Blue Creek Wind Farm LLC submits tariff filing per
35.12: Initial Market-Based Rate Filing to be effective 1/14/2011.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5023.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2112-000.
    Applicants: Blue Creek Wind Farm LLC.
    Description: Blue Creek Wind Farm LLC submits tariff filing per
35.12: Initial Market-Based Rate Filing to be effective 1/14/2011.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5023.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2113-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii): ITC Schedule 1 to be
effective 1/1/2011.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5029.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2114-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per 35.1:
EAI Fourth Rev. Rate Schedule No. 94 to be effective 11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5043.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2115-000.
    Applicants: Entergy Gulf States Louisiana, L.L.C.
    Description: Entergy Gulf States Louisiana, L.L.C. submits tariff
filing per 35.1: EGSL First Rev. Rate Schedule No. 181 to be effective
11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5050.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2116-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Entergy Louisiana, LLC submits tariff filing per 35.1:
ELL Fourth Rev. Rate Schedule No. 69 Baseline Filing to be effective
11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5051.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2117-000.
    Applicants: Entergy Mississippi, Inc.
    Description: Entergy Mississippi, Inc. submits tariff filing per
35.1: EMI Fourth Rev. Rate Schedule No. 262 Baseline Filing to be
effective 11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5052.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2118-000.
    Applicants: Entergy New Orleans, Inc.
    Description: Entergy New Orleans, Inc. submits tariff filing per
35.1: ENOI Fourth Rev. Rate Schedule No. 8 Baseline Filing to be
effective 11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5053.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2119-000.
    Applicants: Entergy Texas, Inc.
    Description: Entergy Texas, Inc. submits tariff filing per 35.1:
ETI First Rev. Rate Schedule No. 181 to be effective 11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5055.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2120-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii): Rate Schedule No. 217, Amendments to Exhibit B to
be effective 11/12/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5088.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2121-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.12: Service Schedule No. 306 to be effective 10/15/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5089.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Docket Numbers: ER11-2123-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.

    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: Att. X & Mod E Compliance Filing to be
effective 8/4/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5102.
    Comment Date: 5 p.m. Eastern Time on Monday, December 06, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-29324 Filed 11-19-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Notices]
[Pages 67931-67933]
[FR Doc No: 2021-26034]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2322-069; 2322-071; 2325-100; Project No. 2574-092;
Project No. 2611-091]

Brookfield White Pine Hydro, LLC; Merimil Limited Partnership;
Hydro-Kennebec, LLC; Notice of Intent To Prepare an Environmental
Impact Statement for The Proposed Project Relicense, Interim Species
Protection Plan, and Final Species Protection Plan, Request for
Comments on Environmental Issues, Schedule for Environmental Review,
and Soliciting Scoping Comments

    On January 31, 2020, Brookfield White Pine Hydro, LLC filed an
application for a new license to continue to operate and maintain the
8.65-megawatt (MW) Shawmut Hydroelectric Project No. 2322 (Shawmut
Project).
    On June 1, 2021, in a separate compliance proceeding for the
Shawmut Project, Brookfield White Pine Hydro, LLC filed an Interim
Species Protection Plan (Interim Plan) for Atlantic salmon and
requested Commission approval to amend the current Shawmut license to
incorporate the Interim Plan. The Interim Plan includes measures to
protect endangered Atlantic salmon until the Commission issues a
decision on the relicense application for the Shawmut Project.
    Also on June 1, 2021, Brookfield Power US Asset Management, LLC
(Brookfield), on behalf of the affiliated licensees for the 6.915-MW
Lockwood Hydroelectric Project No. 2574 (Lockwood Project), 15.433-MW
Hydro-Kennebec Hydroelectric Project No. 2611 (Hydro-Kennebec Project),
and 15.98-MW Weston Hydroelectric Project No. 2325 (Weston Project),
filed a Final Species Protection Plan (Final

Plan) for Atlantic salmon, Atlantic sturgeon, and shortnose sturgeon
and requested Commission approval to amend the three project licenses
to incorporate the Final Plan. All four projects are located on the
Kennebec River, in Kennebec and Somerset Counties, Maine.
    On July 1, 2021, Commission staff issued a notice of availability
of a draft environmental assessment (DEA) for relicensing the Shawmut
Project. On July 26, 2021, Commission staff issued a notice of the
amendment applications for the Final Plan. On August 19, 2021,
Commission staff issued a notice of the amendment application for the
Shawmut Project's Interim Plan.
    Numerous comments were filed on the Shawmut Project DEA and the
Interim and Final Plans. Many of the commenters state that the
Commission's National Environmental Policy Act (NEPA) review of the
Shawmut Project relicensing and the Interim and Final Plans should be
done comprehensively through the preparation of an environmental impact
statement (EIS).\1\ Commenters state that an EIS is needed to fully
evaluate the effects of the four projects on Atlantic salmon and other
migratory fish in the Kennebec River.
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    \1\ On July 16, 2020, the Council on Environmental Quality
issued a final rule, Update to the Regulations Implementing the
Procedural Provisions of the National Environmental Policy Act
(Final Rule, 85 FR 43,304), which was effective as of September 14,
2020. Accordingly, this EIS will be prepared pursuant to the Final
Rule.
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    In consideration of the comments received on the record for the
projects, staff now intends to prepare a draft and final EIS to
evaluate the effects of relicensing the Shawmut Project and amending
the licenses of all four projects to incorporate the measures in the
Interim and Final Plans. The EIS will tier off Commission staff's
Shawmut Project DEA and its findings and conclusions.\2\ Additional
information about the Commission's NEPA process is described below in
the NEPA Process and the EIS section of this notice.
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    \2\ The DEA for the Shawmut Project is filed in Docket P-2322-
069 and is available at the following link: https://elibrary.ferc.gov/eLibrary/filedownload?fileid=020DE0B9-66E2-5005-8110-C31FAFC91712.
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    By this notice, Commission staff requests public comments on the
scope of issues to address in the EIS. Specifically, we request
comments on potential alternatives and impacts, as well as
identification of any relevant information, studies, or analyses of any
kind concerning impacts affecting the quality of the human environment.
On November 20, 2015, Commission staff issued a Scoping Document 1 and
initiated the NEPA scoping process for the Shawmut Project relicense in
Docket 2322-069. A revised Scoping Document was issued on August 9,
2016. The EIS will address the concerns raised during the previous
Shawmut Project scoping process and the comments filed on the Shawmut
Project DEA, as well as comments received in response to this notice.
Therefore, if you submitted comments to the Commission during the
previous scoping process or in response to the Shawmut Project DEA, you
do not need to file those comments again. Further details on how to
submit comments are provided in the Public Participation section of
this notice.
    The deadline for filing scoping comments is 30 days from the
issuance date of this notice.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. The Commission encourages electronic filing of comments and
has staff available to assist you at<PHONE_NUMBER> or
[email protected]. Please carefully follow these instructions
so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (Project
Nos. 2322-069; P-2322-071; P-2325-100; P-2574-092; and P-2611-091) on
your letter. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of Proposed Actions

    The Lockwood Project is located at river mile (RM) 63 in
Waterville, Maine and is the first dam on the mainstem of the Kennebec
River. The Hydro-Kennebec Project is the next dam upriver from the
Lockwood Project at RM 64, followed by the Shawmut Project at RM 69.5
and the Weston Project at RM 81.5. The four projects are located within
the range of the Gulf of Maine Distinct Population Segment of Atlantic
salmon, which is federally listed as endangered under the Endangered
Species Act (ESA). The projects are also located within the designated
critical habitat for Atlantic salmon. In addition, the Lockwood
Project's tailwater area is located in designated critical habitat for
the threatened Atlantic sturgeon, and within the known range of the
endangered shortnose sturgeon.
    Under the proposed relicensing action for the Shawmut Project, the
licensee proposes numerous measures to enhance upstream and downstream
passage of diadromous fish species at the project. The licensee also
proposes to conduct monitoring studies to evaluate the effectiveness of
the new passage measures at meeting performance standards for Atlantic
salmon survival at the project.
    Under the proposed Interim Plan for the Shawmut Project, the
licensee proposes to continue to implement protection measures
contained in an expired Interim Plan previously approved for the
project, and terms and conditions contained in an expired Incidental
Take Statement issued for the project. The licensee also proposes to
implement additional supplemental measures for the protection of
Atlantic salmon.
    Under the proposed Final Plan for the Lockwood, Hydro-Kennebec, and
Weston Projects, the licensees propose upstream and downstream fish
passage measures, as well as monitoring and management measures, to
avoid or minimize the potential adverse effects of

continued operation of the projects on Atlantic salmon, Atlantic
sturgeon, and shortnose sturgeon, and the designated critical habitat
for Atlantic salmon and Atlantic sturgeon.

The NEPA Process and the EIS

    The EIS issued by the Commission will discuss environmental effects
that could occur as a result of the proposed Shawmut Project
relicensing, and amending the licenses for the Shawmut, Lockwood,
Hydro-Kennebec, and Weston Projects to include the measures contained
in the Interim and Final Plans for the protection of ESA-listed
Atlantic salmon, Atlantic sturgeon, and shortnose sturgeon. The EIS
will address environmental effects associated with these proposed
actions under the following general resource areas:

 Geology and soils
 water quality
 aquatic resources
 terrestrial resources
 threatened and endangered species
 recreation
 land use
 aesthetic resources
 socioeconomics
 cultural resources
 air quality and noise
 developmental resources

    Your comments will help Commission staff identify and focus on the
issues that might have an effect on the human environment and
potentially eliminate others from further study and discussion in the
EIS.
    The EIS will present Commission staff's independent analysis of the
issues. Staff will prepare a draft EIS which will be issued for public
comment. Commission staff will consider all timely comments received
during the comment period on the draft EIS and revise the document, as
necessary, before issuing a final EIS. The draft and final EIS will be
available in electronic format in the public record through eLibrary.
If eSubscribed, you will receive email notification when environmental
documents are issued.

Expected Environmental Impacts

    Based on the previous pre-filing scoping process for the Shawmut
Project, staff's analysis in the Shawmut Project DEA, Brookfield's
proposed Interim and Final Plans and the comments received on the
record for each of these proceedings, Commission staff has identified
the following major environmental impacts of the proposed action that
will be evaluated in the EIS: (1) Effects of construction of proposed
fish passage facilities on water quality and aquatic habitat; (2)
effects of operation of existing and proposed fish passage facilities
on upstream and downstream migration of diadromous fish populations,
including threatened and endangered species and critical habitat; and
(3) effects of proposed fish passage facility construction on cultural
resources at the projects.

Alternatives Under Consideration

    As part of our review in the EIS, Commission staff will consider
all reasonable alternatives, which include: Alternatives that are
technically and economically feasible, meet the purpose and need for
the proposed action, and meet the goals of the applicant.\3\
Alternatives that do not meet these requirements will be summarized and
dismissed from further consideration in the EIS. Staff will also
consider the no-action alternative. With this notice, we ask commenters
to identify potential alternatives for consideration.
---------------------------------------------------------------------------

    \3\ 40 CFR 1508.1(z)
---------------------------------------------------------------------------

Schedule for Environmental Review

    This scoping notice identifies Commission staff's planned schedule
for completion of the draft and final EIS for the proposals.

Issuance of Notice of Availability of the draft EIS--August 2022
Issuance of Notice of Availability of the final EIS--February 2023

    If a schedule change becomes necessary, an additional notice will
be provided so that the relevant agencies are kept informed of the
projects' progress. After the final EIS is issued, the Commission will
make a decision on the proposals.

Permits and Authorizations Required

    The table below lists the permits and authorizations that are
anticipated to be required for the proposed actions. We note that this
list may not be all-inclusive and does not preclude any required
permits or authorizations if it is not listed here. Agencies with
jurisdiction by law and/or special expertise may formally cooperate in
the preparation of the Commission's EIS and may adopt the EIS to
satisfy its NEPA responsibilities related to these actions. Agencies
that would like to request cooperating agency status should follow the
instructions for filing comments provided under the Public
Participation section of this notice.

------------------------------------------------------------------------
                  Permit                               Agency
------------------------------------------------------------------------
Clean Water Act Section 401 Water Quality   Maine Department of
 Certification.                              Environmental Protection.
Endangered Species Act Section 7            National Marine Fisheries
 Consultation.                               Service.
------------------------------------------------------------------------

Additional Information

    Additional information about the project is available on the FERC
website at www.ferc.gov using the eLibrary link. Click on the eLibrary
link, click on ``General Search'' and enter the docket number in the
``Docket Number'' field, excluding the last three digits (i.e., P-2322,
P-2325, P-2574, and P-2611). Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
[email protected] or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    If you have further questions you may also contact Marybeth Gay at
[email protected], or<PHONE_NUMBER>, or Matt Cutlip at
[email protected], or<PHONE_NUMBER>.

    Dated: November 23, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26034 Filed 11-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17072-17073]
[FR Doc No: 2017-06954]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0142; Notice 1]

Hyundai Motor America, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Hyundai Motor America (Hyundai) has determined that certain
model year (MY) 2012-2016 Hyundai Accent motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
Occupant Crash Protection. Hyundai filed a noncompliance information
report dated December 12, 2016. Hyundai also petitioned NHTSA on
December 16, 2016, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety.

DATES: The closing date for comments on the petition is May 8, 2017.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive

confirmation that comments you have submitted by mail were received,
please enclose a stamped, self-addressed postcard with the comments.
Note that all comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the Internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

SUPPLEMENTARY INFORMATION:
    I. Overview: Hyundai Motor America (Hyundai), has determined that
certain model year (MY) 2012-2016 Hyundai Accent motor vehicles do not
fully comply with paragraph S<IP_ADDRESS>.2 of Federal Motor Vehicle Safety
Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai filed a
noncompliance information report dated December 12, 2016, pursuant to
49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Hyundai also petitioned NHTSA on December 16, 2016, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential as it relates to
motor vehicle safety.
    This notice of receipt of Hyundai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 6,445 MY 2012-2016 Hyundai
Accent motor vehicles manufactured between May 19, 2011, and July 7,
2016, are potentially involved. The affected vehicles are those
equipped with a non-folding rear seat back and sold in the Puerto Rico
and Guam markets.
    III. Noncompliance: Hyundai explains that the noncompliance is that
the affected vehicles are equipped with a non-folding rear seat back
and a center rear seat belt incorporating a release mechanism that
detaches both the lap and shoulder portion at the lower anchorage point
and therefore do not meet the requirements of paragraph S<IP_ADDRESS>.2 of
FMVSS No. 208. Under FMVSS No. 208, a detachable seat belt in the
middle seat is allowed only in vehicles with a folding rear seat.
    IV. Rule Text: Paragraph S<IP_ADDRESS>.2 of FMVSS No. 208 states in
pertinent part:

    S<IP_ADDRESS>.2 Any inboard designated seating position on a seat for
which the entire seat back can be folded (including the head
restraints and any other part of the vehicle attached to the seat
back) such that no part of the seat back extends above a horizontal
plane located 250mm above the highest SRP located on the seat may
meet the requirements of S<IP_ADDRESS>.1 by use of a belt incorporating a
release mechanism that detaches both the lap and shoulder portion at
either the upper or lower anchorage point, but not both. The means
of detachment shall be a key or key-like object . . .

    V. Summary of Hyundai's Petition: Hyundai described the subject
noncompliance and stated its belief that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    In support of its petition, Hyundai submitted the following
reasoning:

    1. The affected vehicles are equipped with a non-folding rear
seat back and a center rear seat belt incorporating a release
mechanism that detaches both the lap and shoulder portion at the
lower anchorage point to allow improved assembly line procedures.
    2. Hyundai first became aware of the possibility that the center
rear seat belts of the subject vehicles may not comply with
S<IP_ADDRESS>.2 of FMVSS No. 208 as a result of internal ``port
inspections'' of certain model year 2016 Hyundai Accent vehicles. A
subsequent investigation revealed previous model year ``RB''
platform Accent vehicles are similarly affected.
    3. Hyundai pointed out that 5-door and 4-door Hyundai Accent
vehicles equipped with rear folding seats are not affected.
    4. The Accent vehicles in question fully comply with FMVSS No.
208 and FMVSS No. 209 requirements with the sole exception that the
lap and shoulder portion of the rear center seat belt may be
detached from the lower anchorage by use of a tool, such as a key or
key-like object.
    5. Hyundai states that if the rear seat back of the subject
vehicles were capable of being folded (which Hyundai claims would
have no effect on seat belt performance) the detachable aspect would
not result in a compliance issue.
    6. The Owner's Manual in the subject vehicles contains relevant
information and illustrations to fasten, unfasten, and disconnect
the rear center belt.
    7. Hyundai states that it is clear from the intended difficulty
in detaching the seat belt and the instructions contained in the
Owner's Manual that the seat belt should not be detached. Further,
in the Accent with a fixed rear seat back, there is no advantage or
reason for the owner to detach the center rear seat belt from the
lower anchorage.
    8. Hyundai does not believe that it is appropriate to conduct a
recall campaign to replace the center rear seat belts in vehicles
that have been delivered to customers.
    9. Hyundai stated that they are not aware of any accidents or
injuries related to the subject noncompliance.

    Hyundai concluded by expressing the belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety,
and that its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Hyundai no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Hyundai
notified them that the subject noncompliance existed.

    Authority:  (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06954 Filed 4-6-17; 8:45 am]
 BILLING CODE 4910-59-P