[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77838-77839]
[FR Doc No: 2011-32025]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0535]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for
Industry: Notification of a Health Claim or Nutrient Content Claim
Based on an Authoritative Statement of a Scientific Body

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
13, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0374.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry: Notification of a Health Claim or Nutrient
Content Claim Based on an Authoritative Statement of a Scientific
Body--(OMB Control Number 0910-0374)--Extension

    Section 403(r)(2)(G) and (r)(3)(C) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 343(r)(2)(G) and (r)(3)(C)), as
amended by the FDA Modernization Act of 1997, provides that any person
may market a food product whose label bears a nutrient content claim or
a health claim that is based on an authoritative statement of a
scientific body of the U.S. Government or the National Academy of
Sciences (NAS). Under this section of

the FD&C Act, a person that intends to use such a claim must submit a
notification of its intention to use the claim 120 days before it
begins marketing the product bearing the claim. In the Federal Register
of June 11, 1998 (63 FR 32102), FDA announced the availability of a
guidance entitled ``Guidance for Industry: Notification of a Health
Claim or Nutrient Content Claim Based on an Authoritative Statement of
a Scientific Body.'' The guidance provides the Agency's interpretation
of terms central to the submission of a notification and the Agency's
views on the information that should be included in the notification.
The Agency believes that the guidance will enable persons to meet the
criteria for notifications that are established in section 403(r)(2)(G)
and (r)(3)(C) of the FD&C Act. In addition to the information
specifically required by the FD&C Act to be in such notifications, the
guidance states that the notifications should also contain information
on analytical methodology for the nutrient that is the subject of a
claim based on an authoritative statement. FDA intends to review the
notifications the Agency receives to ensure that they comply with the
criteria established by the FD&C Act.
    In the Federal Register of August 3, 2011 (76 FR 46819), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Section of the FD&C Act         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
403(r)(2)(G) (nutrient content                 1               1               1             250             250
 claims)........................
403(r)(2)(C) (health claims)....               1               1               1             450             450
Guidance for notifications......               2               1               2               1               2
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             702
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    These estimates are based on FDA's experience with health claims,
nutrient content claims, and other similar notification procedures that
fall under our jurisdiction. To avoid estimating the number of
respondents as zero, the Agency estimates that there will be one or
fewer respondents annually for nutrient content claim and health claim
notifications. FDA estimates that it will receive one nutrient content
claim notification and one health claim notification per year over the
next 3 years.
    Section 403(r)(2)(G) and (r)(3)(C) of the FD&C Act requires that
the notification include the exact words of the claim, a copy of the
authoritative statement, a concise description of the basis upon which
such person relied for determining that this is an authoritative
statement as outlined in the FD&C Act, and a balanced representation of
the scientific literature relating to the relationship between a
nutrient and a disease or health-related condition to which a health
claim refers or to the nutrient level to which the nutrient content
claim refers. This balanced representation of the scientific literature
is expected to include a bibliography of the scientific literature on
the topic of the claim and a brief, balanced account or analysis of how
this literature either supports or fails to support the authoritative
statement.
    Since the claims are based on authoritative statements of a
scientific body of the U.S. Government or NAS, FDA believes that the
information that is required by the FD&C Act to be submitted with a
notification will be readily available to a respondent. However, the
respondent will have to collect and assemble that information. Based on
communications with firms that have submitted notifications, FDA
estimates that 1 respondent will take 250 hours to collect and assemble
the information required by the statute for a nutrient content claim
notification. Further, FDA estimates that 1 respondent will take 450
hours to collect and assemble the information required by the statute
for a health claim notification.
    Under the guidance, notifications should also contain information
on analytical methodology for the nutrient that is the subject of a
claim based on an authoritative statement. The guidance applies to both
nutrient content claim and health claim notifications. FDA has
determined that this information should be readily available to a
respondent and, thus, the Agency estimates that it will take a
respondent 1 hour to incorporate the information into each
notification. The Agency expects there will be 2 respondents for a
total of 2 hours.

    Dated: December 9, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-32025 Filed 12-13-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81918-81920]
[FR Doc No: 2020-27800]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC21-21-000.
    Applicants: North Fork Ridge Wind, LLC, The Empire District
Electric Company.
    Description: Supplement to Application of North Fork Ridge Wind,
LLC, and The Empire District Electric Company.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5133.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: EC21-27-000.
    Applicants: Neosho Ridge Wind, LLC, The Empire District Electric
Company.
    Description: Supplement to Application of Neosho Ridge Wind, LLC,
and The Empire District Electric Company.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5135.
    Comments Due: 5 p.m. ET 1/4/21.

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

    Docket Numbers: EG21-52-000.
    Applicants: Harry Allen Solar Energy LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Harry Allen Solar Energy LLC.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5062.
    Comments Due: 5 p.m. ET 1/4/21.

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

    Docket Numbers: ER19-2846-003.
    Applicants: Trans Bay Cable LLC.
    Description: Compliance filing: Compliance filing for Docket ER19-
2846 to be effective 4/23/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5071.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1087-001.
    Applicants: New England Electric Transmission Corporation.
    Description: Compliance filing: Amended Order No. 864 Compliance
Filing to be effective 1/27/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5161.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1088-001.
    Applicants: New England Hydro Transmission Electric.
    Description: Compliance filing: Amended Order No. 864 Compliance
Filing to be effective 1/27/2020.

    Filed Date: 12/11/20.
    Accession Number: 20201211-5162.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1089-001.
    Applicants: New England Hydro Transmission Corporation.
    Description: Compliance filing: Amended Order No. 864 Compliance
Filing to be effective 1/27/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5166.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1720-002.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: SCE Response to Deficiency Letter
Docket No. ER20-1720-001 to be effective N/A.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5115.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1742-001.
    Applicants: San Diego Gas & Electric Company.
    Description: Compliance filing: Order No. 864 Compliance Filing to
be effective 1/27/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5083.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-1828-001.
    Applicants: PacifiCorp.
    Description: Compliance filing: OATT Order 864--Directive 10/28/
2020 to be effective N/A.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5102.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER20-2916-002.
    Applicants: Alabama Power Company.
    Description: Tariff Amendment: Amendment to Bird Dog Solar LGIA
Termination Filing (Request to Defer Action) to be effective 9/18/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5113.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-223-001.
    Applicants: Union Electric Company.
    Description: Tariff Amendment: Request to Defer Action to be
effective 12/31/9998.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5152.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-252-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Tariff Amendment: Errata--DEF Rate Schedule No. 226 to
be effective 1/1/2021.
    Filed Date: 12/10/20.
    Accession Number: 20201210-5169.
    Comments Due: 5 p.m. ET 12/16/20.

    Docket Numbers: ER21-622-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: WAPA BA Agreement to be
effective 12/31/2020.
    Filed Date: 12/10/20.
    Accession Number: 20201210-5156.
    Comments Due: 5 p.m. ET 12/31/20.

    Docket Numbers: ER21-623-000.
    Applicants: Cheyenne Light, Fuel and Power Company.
    Description: Sec.  205(d) Rate Filing: WAPA BA Agreement
Concurrence to be effective 12/31/2020.
    Filed Date: 12/10/20.
    Accession Number: 20201210-5164.
    Comments Due: 5 p.m. ET 12/31/20.

    Docket Numbers: ER21-624-000.
    Applicants: Florida Power & Light Company.
    Description: Sec.  205(d) Rate Filing: FPL Reactive Service Rate
Reduction for Transmission Service Agreements to be effective 12/1/
2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5000.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-625-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing re: SENY
Reserve enhancements to be effective 12/31/9998.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5002.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-626-000.
    Applicants: PacifiCorp.
    Description: Notice of Termination of Long-Term Power Transaction
Agreement of PacifiCorp.
    Filed Date: 12/10/20.
    Accession Number: 20201210-5183.
    Comments Due: 5 p.m. ET 12/31/20.

    Docket Numbers: ER21-627-000.
    Applicants: Dry Lake Solar Holdings LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 2/10/2021.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5047.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-628-000.
    Applicants: Harry Allen Solar Energy LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 2/10/2021.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5049.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-629-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of ISA, SA
No. 4872; Queue No. AA2-132 to be effective 12/6/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5068.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-630-000.
    Applicants: 325MK 8ME LLC.
    Description: Baseline eTariff Filing: 325MK 8ME LLC MBR Tariff to
be effective 12/14/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5094.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-631-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Termination County of
Orange SA Nos. 23 & 118 WDT040 to be effective 1/30/2021.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5098.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-632-000.
    Applicants: Toms River Merchant Solar, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 2/1/2021.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5114.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-633-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Vogtle 3 & 4 LGIA Amendment
Filing to be effective 11/19/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5117.
    Comments Due: 5 p.m. ET 1/4/21.

    Docket Numbers: ER21-634-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA/ICSA; Queue
No. AE1-142 to be effective 1/7/2020.
    Filed Date: 12/11/20.
    Accession Number: 20201211-5121.
    Comments Due: 5 p.m. ET 1/4/21.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF21-222-000.
    Applicants: Board of Trustees of Michigan State University.
    Description: Form 556 of Board of Trustees of Michigan State
University.
    Filed Date: 12/7/20.
    Accession Number: 20201207-5182.
    Comments Due: Non-Applicable.

    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 or protest in any of the above
proceedings must file in accordance with Rules 211

and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on
or before 5:00 p.m. Eastern time on the specified comment date.
Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 11, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27800 Filed 12-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 92 (Tuesday, May 12, 2020)]
[Rules and Regulations]
[Pages 27917-27919]
[FR Doc No: 2020-10007]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31310 Amdt. No. 3903]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 12, 2020. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 12, 2020.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg 29, Room 104, Oklahoma
City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    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.
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.
    For the same reason, the FAA certifies that this amendment 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 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on May 1, 2020.
Robert C. Carty,
Executive Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

PART 97 [AMENDED]

0
2. Part 97 is amended to read as follows:

Effective 18 June 2020

Athens/Albany, OH, Ohio University, NDB RWY 25, Amdt 9C

Effective 16 July 2020

Gulkana, AK, Gulkana, Takeoff Minimums and Obstacle DP, Amdt 8
Hampton, GA, Henry County, Takeoff Minimums and Obstacle DP, Amdt 2A
Honolulu, HI, Daniel K Inouye Intl, ILS RWY 8L, Amdt 24A
Belleville, KS, Belleville Muni, RNAV (GPS) RWY 18, Orig-C
Belleville, KS, Belleville Muni, RNAV (GPS) RWY 36, Orig-C
Belleville, KS, Belleville Muni, VOR-A, Amdt 3D
Parsons, KS, Tri-City, VOR RWY 17, Orig-A
Caldwell, NJ, Essex County, RNAV (GPS) RWY 4, Orig-D

Syracuse, NY, Syracuse Hancock Intl, RNAV (RNP) Y RWY 10, Orig-B
Syracuse, NY, Syracuse Hancock Intl, RNAV (RNP) Y RWY 28, Orig-B
Abilene, TX, Abilene Rgnl, Takeoff Minimums and Obstacle DP, Amdt 4

[FR Doc. 2020-10007 Filed 5-11-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50812]
[DOCID:fr28au08-61]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0274; FRL-8381-2]

FIFRA Scientific Advisory Panel; Notice of Change of Public
Meeting Dates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Agency is issuing this notice to extend a meeting of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific
Advisory Panel by one half-day. The meeting, originally scheduled for
September 16-18, 2008, was announced in the Federal Register of July 9,
2008 (73 FR 39292) (FRL-8373-5).

DATES: The meeting will now be held September 16-19, 2008, from
approximately 9 a.m. to 5:30 p.m., eastern standard time, with the
meeting concluding by noon Friday, September 19, 2008.

ADDRESSES: The meeting will be held at the Holiday Inn--Rosslyn at Key
Bridge, 1900 North Fort Myer Dr., Arlington, VA 22209; telephone
number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, Designated Federal
Officer (DFO), Office of Science Coordination and Policy (7201M),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: All other information provided in the July
9, 2008 Federal Register public meeting notice remains unchanged.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 25, 2008.
Gary E. Timm,
Acting Director, Office of Science Coordination and Policy.
[FR Doc. E8-20122 Filed 8-26-08; 4:15 pm]

BILLING CODE 6560-50-S


Form for Compliance with E. O. 12866 Docket Requirements Title of Regulation: Cross Media Electronic Reporting Final Rule Contact person: David Schwarz or Evi Huffer Phone number: ( 202) 566 1704 or ( 202) 566 1697 Was this regulation reviewed by OMB under Executive Order 12866  Regulatory Planning and Review?

Yes X If you checked " no", you are done with this form. Simply place it in the docket for your regulation. If you checked " yes", please fill out the remainder of the form before placing it in the docket. Also docket any relevant documents referenced in the form.

For regulations that are checked " Yes" above:

This regulation was reviewed by OMB under Executive Order 12866  Regulatory Planning and Review.

Attached is the draft regulation and any other documents sent to OMB for review, such as analyses and assessments. E. O. 12866 requires agencies to make these publicly available. The Proposed Rule Cost Benefit Analysis, sent to OMB for review with the proposal, is available in the docket. For comparison, see docket documents: Preamble Redline Comparison for docket and Reg Redline Comparison for docket.

E. O. 12866 also requires agencies to identify the substantive changes between the draft regulation sent to OMB for review and the regulation subsequently announced [ Please check the appropriate box below:]

x EPA made substantive changes to this regulation ( includes changes initiated by EPA or OMB). Attached is a document which: ( 1) identifies all the substantive changes made, and ( 2) notes those changes OMB suggested or recommended.

No substantive changes were made to this regulation Therefore, no further attachments are required..

If you have questions about this regulation, please call the EPA contact person listed above.


[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16180-16181]
[FR Doc No: 2022-06147]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meetings

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

TIME AND DATE: March 24, 2022, 10:00 a.m.

PLACE: Open to the public via audio Webcast only. Join FERC online to
listen live at http://ferc.capitolconnection.org/.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda
    * Note--Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's website at https://elibrary.ferc.gov/eLibrary/search using
the eLibrary link.

                                          1088th--Meeting, Open Meeting
                                          [March 24, 2022, 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD22-1-000......................  Agency Administrative Matters.
A-2.....................  AD22-2-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1.....................  EL21-66-001.....................  Central Hudson Gas & Electric Corporation,
                                                             Consolidated Edison of New York, Inc., Niagara
                                                             Mohawk Power Corporation, New York State Electric &
                                                             Gas Corporation, Orange and Rockland Utilities,
                                                             Inc., and Rochester Gas and Electric Corporation v.
                                                             New York Independent System Operator Inc.
                          ER21-1647-002 (not consolidated)  New York Independent System Operator, Inc. Central
                                                             Hudson Gas & Electric Corporation, Consolidated
                                                             Edison Company of New York, Inc., Niagara Mohawk
                                                             Power Corporation, New York State Electric & Gas
                                                             Corporation, Orange and Rockland Utilities, Inc.,
                                                             and Rochester Gas and Electric Corporation.
E-2.....................  ER21-1115-003...................  Duke Energy Progress, LLC and Duke Energy Carolinas,
                                                             LLC.
                          ER21-1118-003...................  Louisville Gas and Electric Company.
                          ER21-1125-003...................  Alabama Power Company.
                          ER21-1128-003...................  Dominion Energy South Carolina, Inc.
E-3.....................  ER21-1111-005...................  Alabama Power Company.
                          ER21-1112-005...................  Dominion Energy South Carolina, Inc.
                          ER21-1114-005...................  Louisville Gas and Electric Company.
                          ER21-1116-005...................  Duke Energy Carolinas, LLC.
                          ER21-1117-005...................  Duke Energy Progress, LLC.
                          ER21-1119-005...................  Georgia Power Company.
                          ER21-1120-005...................  Kentucky Utilities Company.
                          ER21-1121-005 (Not consolidated)  Mississippi Power Company.
E-4.....................  OMITTED.........................
E-5.....................  ER22-865-000....................  Glaciers Edge Wind Project, LLC.
E-6.....................  EL10-56-000.....................  Western Electricity Coordinating Council.
E-7.....................  ER21-2401-001...................  Oliver Wind Energy Center II, LLC.
E-8.....................  EF21-3-000......................  Bonneville Power Administration.
E-9.....................  ER21-2179-001...................  Oliver Wind I, LLC.
E-10....................  ER21-1807-003...................  Hill Top Energy Center LLC.
E-11....................  ER21-2860-001...................  The Connecticut Light and Power Company.
E-12....................  EL22-27-000.....................  Alabama Power Company, Georgia Power Company, and
                                                             Mississippi Power Company.
E-13....................  ER18-194-000, ER18-195-000......  Southwest Power Pool, Inc. and American Electric
                                                             Power Service Corporation.
E-14....................  ER18-1106-002...................  Kestrel Acquisition, LLC.
E-15....................  EL22-8-000......................  Irradiant Partners, LP.
E-16....................  EL21-98-000.....................  Pacific Gas and Electric Company.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1.....................  RP22-433-000....................  Range Resources-Appalachia, LLC and Columbia Gulf
                                                             Transmission, LLC v. Texas Eastern Transmission,
                                                             LP.
                          RP22-435-000 (Not Consolidated).  Range Resources-Appalachia, LLC v. Texas Eastern
                                                             Transmission, LP.
G-2.....................  RP21-1001-002...................  Texas Eastern Transmission, LP.
G-3.....................  RP21-957-000....................  Northern Natural Gas Company.
                         ---------------------------------------------------------------------------------------

                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-14227-005.....................  The Nevada Hydro Company, Inc.
H-2.....................  P-15229-000.....................  Alabama Power Company.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1.....................  PL18-1-001......................  Certification of New Interstate Natural Gas
                                                             Facilities.
                          PL21-3-001......................  Consideration of Greenhouse Gas Emissions in Natural
                                                             Gas Infrastructure Project Reviews.
C-2.....................  CP20-527-000....................  Columbia Gulf Transmission, LLC.
C-3.....................  CP20-50-000.....................  Tennessee Gas Pipeline Company, L.L.C.
                          CP20-51-000.....................  Southern Natural Gas Company, L.L.C.
C-4.....................  CP20-48-000.....................  Iroquois Gas Transmission System, L.P.
C-5.....................  CP15-554-004, CP15-554-005, CP15- Atlantic Coast Pipeline, LLC.
                           554-006, CP15-554-007, CP15-554-
                           009.
                          CP15-555-003, CP15-555-004, CP15- Dominion Energy Transmission, Inc.
                           555-005.
                          CP15-555-007....................  Eastern Gas Transmission and Storage, Inc.
C-6.....................  CP17-458-015....................  Midship Pipeline Company, LLC.
C-7.....................  CP21-28-000.....................  Northern Natural Gas Company.
----------------------------------------------------------------------------------------------------------------

    The public is invited to listen to the meeting live at http://ferc.capitolconnection.org/. Anyone with internet access who desires to
hear this event can do so by navigating to www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its audio webcast. The Capitol Connection provides technical
support for this free audio webcast. It will also offer access to this
event via phone bridge for a fee. If you have any questions, visit
http://ferc.capitolconnection.org/ or contact Shirley Al-Jarani at 703-
993-3104.

    Issued: March 17, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-06147 Filed 3-18-22; 4:15 pm]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39689-39691]
[FR Doc No: 2015-16740]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0267]
RIN 1625-AA00

Safety Zone--Oil Exploration Staging Area in Goodhope Bay;
Kotzebue Sound, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones in the
Port of Goodhope Bay, Alaska, and adjacent U.S. territorial sea on July
1 and October 15, 2015. The temporary safety zones will encompass the
navigable waters within a 25-yard radius of moored or anchored offshore
exploration or support vessels, and the navigable waters within a 100-
yard radius of underway offshore exploration or support vessels. The
purpose of the safety zones are to protect persons and vessels during
an unusually high volume of vessel traffic in the Port of Goodhope Bay
and the adjacent territorial sea due to additional vessel traffic
associated with exploratory drilling operations in the Chukchi and
Beaufort seas during the summer of 2015.

DATES: This rule is effective without actual notice from July 10, 2015
until October 15, 2015. For the purposes of enforcement, actual notice
will be used from July 1, 2015, until July 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0267]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Eugene Chung, Sector Anchorage
Prevention, Coast Guard; telephone<PHONE_NUMBER>, Email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 1, 2015, we published a notice of proposed rulemaking (NPRM)
entitled Safety Zones: Oil Exploration Staging Area in Goodhope Bay,
Kotzebue Sound, AK in the Federal Register. We received one letter
commenting on the proposed rule. No public meeting was requested, and
none was held.

B. Basis and Purpose

    Based on information provided by private entities affiliated with
oil exploration activities, the Coast Guard anticipates approximately
eleven vessels associated with exploratory drilling operations will
call upon the Port of Goodhope Bay, Alaska, en route to proposed
drilling sites in the Chukchi and Beaufort. The addition of these
vessels in conjunction with the high volume of traffic operating within
the Port of Goodhope Bay creates a safety risk for all vessels
operating therein. Such risks include reduced ability to navigate
safely within the congested waterways of the port during the subject
time period.
    The vessels and equipment anticipated to be staged within these
areas, due to their size and technical complexity, pose a safety risk
to vessels that attempt to navigate too closely to them. Limited rescue
capabilities are available in the area. In evaluating whether a safety
zone would be appropriate, the Coast Guard explored relevant safety
factors and considered several criteria, including, but not limited to:
(1) The amount of commercial activity in and around the Port of
Goodhope Bay; (2) safety concerns for personnel aboard the vessels; (3)
sensitivity of the environment in the region and potential adverse
affects caused by a grounding, allision, or collision; (4) the types
and volume of vessels navigating in the vicinity of the Port of
Goodhope Bay; and (5) the need to allow for lawful demonstrations
without endangering the safe operations of support vessels. Vessels
transiting in the vicinity of the proposed safety zones could consist
of large commercial shipping vessels, fishing vessels, tugs and tows,
and recreational vessels. Any group or individual intending to conduct
lawful demonstrations in the vicinity of offshore exploration support
vessels must do so outside of the temporary safety zones. Results from
a thorough and comprehensive examination of the five criteria
identified above, in conjunction with International Maritime
Organization guidelines and existing regulations, warrant establishment
of safety zones to ensure safe and efficient vessel transits within the
Port of Goodhope Bay and the adjacent territorial sea. These safety
zones will facilitate safe navigation and protect vessels from hazards
caused by increased volume of vessel traffic, including hazards that
may be intentionally created, in the Port of Goodhope Bay.

C. Discussion of Comments and the Final Rule

    For the reasons described above, the Coast Guard is finalizing a
temporary safety zone due to safety concerns for personnel aboard the
support vessels, mariners operating other vessels in the vicinity of
Goodhope Bay, and to protect the environment. The regulation will
significantly reduce the threat of collisions, allisions, or other
incidents which could endanger the safety of all vessels operating on
the navigable waters of the Port of Goodhope Bay and the adjacent
territorial sea. The Coast Guard is establishing temporary safety zones
that will prohibit entry into the zones unless specifically authorized
by the Captain of the Port, Western Alaska, or his designated on-scene
representative.
    The temporary safety zones will encompass the waters within 25
yards of the support vessel if the support vessel is moored or at
anchor, and 100 yards if the support vessel is in transit. They are in
effect from July 1 through October 15, in order to encompass the
expected period of operations.

D. Regulatory Analyses

    We developed this temporary final rule after considering numerous
statutes and executive orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order

13563. The Office of Management and Budget has not reviewed it under
those Orders. The safety zone will have negligible economic impact, as
there will be ample room for navigation around it.

2. Impact on Small Entities

    This rule is not a significant regulatory action due to the minimal
impact this will have on standard vessel operations within the Port of
Goodhope Bay because of the limited area affected and the limited
duration of the rule. The safety zones are also designed to allow
vessels transiting through the area to safely travel around the safety
zones without incurring additional costs.
    The Regulatory Flexibility Act of 1980 (RFA), (5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule could affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit through or anchor in within a portion of the Port of Dutch
Harbor or adjacent waters, from June 15, 2015 to July 15, 2015.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: These
safety zone restrictions are only effective from July 1, 2015 to
October 15, 2015, and are limited only to waters within 25 yards of the
support vessel if the support vessel is moored or at anchor, and 100
yards if the support vessel is in transit. The Coast Guard will publish
a local notice to mariners (LNM) and will issue broadcast notice to
mariners (BNM) alerts via marine channel 16 VHF before the safety zone
is enforced.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. Specifically, the rule involves
establishing a safety zone, which is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this temporary
final rule. An environmental analysis checklist and a categorical
exclusion determination are available in the

NPRM docket where indicated under Supporting Documents.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1

0
2. Add Sec.  165.T17-0267 to read as follows:

Sec.  165.T17-0267  Safety Zone; Port of Goodhope Bay; Goodhope Bay,
Alaska.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters within a 25-yard radius of a moored or
anchored offshore exploration or support vessel, or within a 100-yard
radius of any underway offshore exploration or support vessel, located
within the Port of Goodhope Bay, to the limits of the U.S. territorial
sea.
    (2) [Reserved]
    (b) Effective date. The temporary safety zones become effective at
12:01 a.m., July 1, 2015, and terminate on 11:59 p.m., October 15,
2015, unless sooner terminated by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply to all vessels operating within the
area described in paragraph (a).
    (1) If a non-exploration or support vessel is moored or anchored
and an offshore exploration or support vessel transits near them such
that it places the moored or anchored vessel within the 100-yard safety
zone described in paragraph (a) of this section, the moored or anchored
vessel must remain stationary until the offshore exploration or support
vessel maneuvers to a distance exceeding the 100-yard safety zone.
    (2) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
    (3) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
    (4) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
    (5) The COTP, Western Alaska, will notify the maritime and general
public by marine information broadcast during the period of time that
the safety zones are in force by providing notice in accordance with 33
CFR 165.7.
    (d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 3, 2015.
S.D. Montoya,
Commander, U.S. Coast Guard, Acting Captain of the Port, Western
Alaska.
[FR Doc. 2015-16740 Filed 7-9-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9765-9768]
[FR Doc No: 2018-04557]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82796; File No. SR-NYSE-2017-42]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Approval of Proposed Rule Change To Amend the NYSE Listed
Company Manual To Modify Its Requirements With Respect to Physical
Delivery of Proxy Materials to the Exchange

March 1, 2018.

I. Introduction

    On November 22, 2017, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act

of 1934 (``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed
rule change to amend its rules that require listed companies to provide
the Exchange with hard copies of proxy material sent to shareholders.
The proposed rule change was published for comment in the Federal
Register on December 12, 2017.\3\ On January 22, 2018, the Commission
extended the time period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether to approve or disapprove the proposed rule change
to March 12, 2018.\4\ The Commission received no comment letters on the
proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82225 (December 6,
2017), 82 FR 58473 (``Notice'').
    \4\ See Securities Exchange Act Release No. 82565, 83 FR 3812
(January 26, 2018).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    Currently, Sections 204.00(B) and 402.01 of the NYSE Listed Company
Manual (``Manual'') set forth requirements with respect to the physical
delivery of hard copies of proxy materials to the Exchange. Among other
things, Section 204.00(B) requires listed companies to file with the
Exchange six hard copies of proxy materials not later than the date on
which the material is physically or electronically delivered to
shareholders, and one hard copy of any filing made on Form 6-K that is
not required to be filed through the SEC's EDGAR system not later than
the date on which the Form 6-K is filed with the Commission. Section
402.01 requires listed companies to provide the Exchange with three
hard copies of definitive proxy material (together with proxy card) not
later than the date on which such material is sent, or given, to any
security holders, which satisfies the copies required to be provided to
the Exchange under Rule 14a-6(b) of the Exchange Act.\5\
---------------------------------------------------------------------------

    \5\ The copies required to be submitted to the Exchange pursuant
to Rule 14a-6(b) under the Exchange Act only apply to domestic
companies. See infra notes 9-11 and accompanying text. The
Commission notes, however, that the Exchange's rules require listed
companies, including foreign private issuers, to provide multiple
hard copies of proxy materials under Sections 204.00 and 402.01 of
the Manual.
---------------------------------------------------------------------------

    In addition to the Exchange's own requirements mandating that any
listed company provide the Exchange with hard copies of proxy materials
that are sent to shareholders, all U.S. domestic listed companies that
are subject to the Commission's proxy rules are required to
electronically file their proxy materials on the SEC's EDGAR system.\6\
The Exchange stated that its staff is notified when a listed company
submits a filing to the Commission on EDGAR and generally reviews proxy
materials on the EDGAR system shortly after they are filed.\7\ The
Exchange also stated that its staff generally has completed its review
of proxy materials prior to receiving the hard copies of the materials,
and therefore the Exchange has no real need to receive hard copies.\8\
As to listed foreign private issuers, while their securities are exempt
from the Commission's proxy rules,\9\ the Exchange rules require listed
companies, including foreign private issuers, to hold annual
shareholder meetings and solicit proxies for such meetings.\10\ A
foreign private issuer, including those listed on the Exchange, will
generally furnish proxy material on EDGAR using Form 6-K or may file
its proxy material on Form 8-K if the foreign private issuer chooses to
file periodic reports under the provisions for domestic companies.
---------------------------------------------------------------------------

    \6\ See Regulation S-T, 17 CFR 232.101.
    \7\ See Notice, supra note 3, at 58473.
    \8\ See id.
    \9\ 17 CFR 240.3a12-3(b).
    \10\ See Sections 302.00 (Annual Meetings) and 402.04 (Proxy
Solicitation Required) of the Manual.
---------------------------------------------------------------------------

    Accordingly, the Exchange proposed to amend its paper filings
requirements related to proxy materials in Sections 204.00(B) and
402.01 of the Manual to eliminate ``a significant amount of unnecessary
use of paper and of resources devoted to processing unneeded materials
received through the mail.'' \11\
---------------------------------------------------------------------------

    \11\ See Notice, supra note 3, at 58474.
---------------------------------------------------------------------------

    Specifically, the Exchange has proposed to amend Section 402.01 of
the Manual to provide that listed companies will not be required to
provide proxy materials to the Exchange in physical form, provided such
proxy materials are included in a Commission filing available on the
SEC's EDGAR filing system.\12\ If such proxy materials are available on
EDGAR but not filed pursuant to Schedule 14A under the Exchange Act,
the listed company would be required to provide to the Exchange
information sufficient to identify such filing (by one of the means
specified in Section 204.00(A)) \13\ not later than the date on which
such material is sent, or given, to any security holders.\14\
Notwithstanding the foregoing, any listed company whose proxy materials
are not included in their entirety (together with proxy card) in an SEC
filing available on EDGAR will continue to be required to provide three
definitive copies of any proxy material not available on EDGAR to the
Exchange not later than the date on which such material is sent, or
given, to any security holders. This is consistent with the number of
copies required to be filed with the Exchange under Rule 14a-6(b) under
the Exchange Act.\15\
---------------------------------------------------------------------------

    \12\ See proposed Section 402.01.
    \13\ Section 204.00(A) of the Manual generally requires that
prompt notice to the Exchange must be provided via a web portal or
email address specified by the Exchange on its website.
    \14\ Domestic listed companies occasionally file their proxy
materials on the SEC's EDGAR system using forms other than Schedule
14A, which may not be readily identified by Exchange staff. See
Notice, supra note 3, at 58474. The Exchange stated that, as there
is no easy way to identify which SEC report includes a company's
proxy materials, the Exchange proposed to require listed companies
not filing proxies using Schedule 14A under the Exchange Act to
provide to the Exchange information needed to identify the
submission containing proxy materials. Id. at 58474.
    \15\ See proposed Section 402.01. The Exchange also proposed to
correct an erroneous reference to SEC Rule 14a-6(c) in Section
402.01 to refer instead to SEC Rule 14a-6(b). SEC Rule 14a-6(b)
requires listed companies subject to the proxy rules to file three
copies of such proxy material with the Exchange.
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    The Exchange has also proposed conforming amendments to Section
204.00(B) of the Manual for consistency with the proposed amendments to
Section 402.01. Specifically, the Exchange would amend Section
204.00(B) so as to require listed companies to file three hard copies
of any proxy materials required to be submitted to the Exchange in
physical form pursuant to Section 402.01 (as proposed to be amended)
not later than the date on which the material is physically or
electronically delivered to shareholders.\16\ In addition, the Exchange
would amend Section 204.00(B) to require companies to file one hard
copy of any filing that is not required to be filed through EDGAR,
including pursuant to a hardship exemption granted by the
Commission.\17\
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    \16\ See id. The Exchange also proposed to delete from this
provision a cross-reference to Section 402.00 (Proxies) in the
Manual.
    \17\ See proposed Section 204.00(B); see also 17 CFR 232.201 and
.202. As noted above, the current language in Section 204.00(B) only
requires the Exchange to provide one hard copy of any filing made on
Form 6-K that is not required to be filed through EDGAR to be
provided to the Exchange, and does not include the reference to a
hardship exemption that the Exchange now proposes to add. In
addition, the Exchange has proposed non-substantive changes to
Section 204.00(B), including removing from Section 204.00(B)'s
introductory paragraph a sentence stating that listed companies are
required to file hard copies of certain SEC reports and other
materials (such as proxies) with the Exchange. See proposed Section
204.00(B). The Exchange noted that this provision would be
inconsistent with the Exchange's proposed revised approach to the
review of SEC filings. See Notice, supra note 3, at 58473.

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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Exchange Act and the
rules and regulations thereunder applicable to a national securities
exchange.\18\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Exchange Act,\19\
which requires, among other things, that the rules of a national
securities exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
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    \18\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \19\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposed amendments to the Manual
are consistent with Section 6(b)(5) of the Exchange Act because, by
allowing the Exchange to rely on electronic copies of proxy materials
available on EDGAR, the proposed amendments are reasonably designed to
allow Exchange staff to review all listed company proxy material in a
timely manner and to ensure compliance with Exchange rules and the
federal securities laws \20\ while eliminating the need for unnecessary
paper copies when warranted.\21\ At the same time, the proposed rule
changes furthers the purposes of Section 6(b)(5), and in particular the
protection of investors and the public interest, because Sections
204.00(B) and 402.01 of the Manual will still require listed companies
that do not file proxy materials electronically on EDGAR, or that do
not include their entire proxy materials (including the proxy card) on
EDGAR, to submit three hard copies of such materials to the Exchange.
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    \20\ Generally, the Exchange reviews proxies for purposes of
Exchange rules concerning broker voting and for other matters that
may arise concerning compliance with Exchange rules and the federal
securities laws. In addition, the Commission notes that NYSE Listing
Agreement requires listed companies to comply with the requirements
of the federal securities laws, as well as NYSE rules. See https://www.nyse.com/publicdocs/nyse/listing/Domestic_Co_Listing_Agreement.pdf.
    \21\ The Commission notes that other national securities
exchanges, such as The Nasdaq Stock Market LLC (``Nasdaq''), also
have rules that allow listed companies to satisfy the exchange's
filing requirements, including for proxies, by virtue of filing on
EDGAR. See, e.g., Nasdaq Rules 5005(a)(16), 5620(b), and 5250(c)(1).
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    The Commission notes that it has previously granted the Exchange
no-action relief, on behalf of listed companies and third party filers,
from the obligation to provide paper copies to the Exchange with
respect to materials filed with the Commission through the EDGAR
system, including proxy materials (``1998 No-Action Letter'').\22\ The
Exchange, however, had previously decided not to rely on the 1998 No-
Action Letter with respect to proxy material but now has, for the
reasons described in its proposal, decided to do so. Given that the
Exchange currently uses EDGAR to review proxies, the Commission would
expect there should be little impact on the Exchange's proxy review
process if it no longer also receives paper submissions of proxies
filed on EDGAR. As the Exchange noted in its filing, it generally
completes its review ``. . . long before [it] receives hard copies of
proxy materials,'' \23\ so there appears to be little risk in
eliminating the paper copy requirement for proxy material where the
complete filing is available on EDGAR. Further, to the extent the
Exchange cannot rely on the 1998 No-Action Letter because proxy
material is not submitted on EDGAR (such as when a hardship exemption
is granted) or is not available in its entirety on EDGAR, the Exchange
rules will continue to require listed companies to provide three hard
copies of such proxy material to the Exchange, which would meet the
requirements of Rule 14a-6 under the Exchange Act for companies subject
to the U.S. proxy rules.
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    \22\ See letter to Michael J. Simon, Milbank, Tweed, Hadley &
McCloy from Ann M. Krauskopf, Special Counsel, Division of
Corporation Finance, Commission, and Howard L. Kramer, Senior
Associate Director, Office of Market Supervision, Division of Market
Regulation, Commission, dated July 22, 1998. The 1998 No-Action
Letter also granted the Exchange relief in relation to documents
available for review on EDGAR from the recordkeeping requirements of
Rule 17a-1 under the Exchange Act. The Exchange stated that at the
time such no-action relief was granted, the Exchange decided not to
rely on it in relation to proxy materials. See Notice, supra note 3,
at 58474.
    \23\ See Notice, supra note 3, at 58473.
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    The Commission notes that the proposed changes to the Exchange
rules are drafted to enable the Exchange to eliminate outdated paper
copy requirements in the Manual only in those cases where the Exchange
is able to review proxy material in a timely manner on EDGAR, for
purposes of compliance with Exchange rules and the federal securities
laws, and as long as consistent with the conditions of the 1998 No-
Action Letter.
    The Exchange's proposal also requires listed companies to provide
to the Exchange information sufficient to identify proxy materials that
have been submitted through EDGAR, but not filed pursuant to Schedule
14A under the Exchange Act. This provision should enable the Exchange
to identify the documents it needs to review proxy materials on EDGAR
quickly to review for compliance with both Exchange rules and the
federal securities laws consistent with investor protection and the
public interest. In particular, this should help the Exchange more
readily identify proxy materials filed on EDGAR by foreign private
issuers, which, as the Exchange notes, often furnish and submit their
proxy materials to the Commission as part of a Form 6-K or Form 8-
K,\24\ as well as proxy materials occasionally filed by domestic listed
companies on forms other than Schedule 14A under the Exchange Act.
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    \24\ See Notice, supra note 3, at 58473. As the Exchange also
noted, while foreign private issuers are not required to comply with
the Commission's proxy rules, the Exchange requires them to solicit
proxies. See id.
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    Finally, the proposal to require companies to file with the
Exchange one hard copy of any filing that is not required to be filed
through EDGAR should help enable the Exchange to continue to receive
all filings made by its listed companies, which in turn should aid the
Exchange in fulfilling its regulatory responsibilities to oversee
companies for compliance with listing, and other Exchange, rules and
the federal securities laws.\25\ This situation may arise, for example,
when a listed company has been granted a hardship exemption under
Regulation S-T to file in paper rather than electronically on
EDGAR.\26\
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    \25\ The Commission notes that this change broadens the
Exchange's current rule which had been limited to filings on Form 6-
K not submitted on EDGAR. See supra note 17. The requirement to
submit to the Exchange one copy of any filing not filed in EDGAR
covers all listed company filings with the Commission, including
Form 6-Ks, with the exception of proxy material, for which three
copies of all the proxy material not filed in EDGAR must be filed
with the Exchange. See also General Instructions to Form 6-K.
    \26\ The Commission notes that the 1998 No-Action Letter stated
that the no-action relief may not be relied upon and a paper filing
with the Exchange would be required if a listed company or third
party filer files a document with the Commission in paper pursuant
to a hardship exemption.
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    Accordingly, for the reasons discussed above, the Commission finds
that the proposed rule change is consistent with the Exchange Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\27\ that the proposed rule change (SR-NYSE-2017-42), be,
and hereby is, approved.
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    \27\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04557 Filed 3-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Notices]
[Page 17149]
[DOCID:fr06ap07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-528-000]

Brookfield Energy Marketing U.S. LLC; Notice of Issuance of Order

April 2, 2007.
    Brookfield Energy Marketing U.S. LLC (Brookfield) filed an
application for market-based rate authority, with an accompanying rate
tariff. The proposed market-based rate tariff provides for the sale of
energy, capacity and ancillary services at market-based rates.
Brookfield also requested waivers of various Commission regulations. In
particular, Brookfield requested that the Commission grant blanket
approval under 18 CFR Part 34 of all future issuances of securities and
assumptions of liability by Brookfield.
    On March 30, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under Part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
Brookfield should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is April 30, 2007.
    Absent a request to be heard in opposition by the deadline above,
Brookfield is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Brookfield, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Brookfield's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-6439 Filed 4-5-07; 8:45 am]

BILLING CODE 6717-01-P