[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Proposed Rules]
[Page 39275]
[DOCID:fr09jy08-27]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0186, FRL-8569-7]

Revisions to the California State Implementation Plan, Northern
Sierra Air Quality Management District, Including the Nevada County Air
Pollution Control District Portion, Plumas County Air Pollution Control
District Portion, and Sierra County Air Pollution Control District
Portion

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Northern Sierra
Air Quality Management District (NSAQMD) portion of the California
State Implementation Plan (SIP), including the Nevada County Air
Pollution Control District (NCAPCD) portion, Plumas County Air
Pollution Control District (PCAPCD) portion, and Sierra County Air
Pollution Control District (PCAPCD) portion of the SIP. These revisions
concern the permitting of air pollution sources. We are approving and
removing local rules under authority of the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by August 8, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0186, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed below.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the approval of
NSAQMD Rules 501, 505, 510, 511, 512, 513, 515, and 517 into the SIP
and the removal of eight NCAPCD, two PCAPCD, and four SCAPCD permitting
rules from the SIP. In the Rules section of this Federal Register, we
are approving revisions in these local rules in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule.
    Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: April 16, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
 [FR Doc. E8-15436 Filed 7-8-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57350-57351]
[FR Doc No: 2015-24135]

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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: EC15-208-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Section 203 Application of Consolidated Edison Company
of New York, Inc.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5155.
    Comments Due: 5 p.m. ET 10/7/15.

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

    Docket Numbers: EG15-125-000.
    Applicants: Colbeck's Corner, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Colbeck's Corner, LLC.
    Filed Date: 9/17/15.
    Accession Number: 20150917-5024.
    Comments Due: 5 p.m. ET 10/8/15.

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

    Docket Numbers: ER10-1437-002.
    Applicants: Tampa Electric Company.
    Description: Third Supplement to June 30, 2014 Triennial Market
Power Update of Tampa Electric Company.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5150.
    Comments Due: 5 p.m. ET 10/7/15.

    Docket Numbers: ER15-2500-001.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Amended Distribution Service
Agreement with Edom Hills to be effective 10/1/2015.
    Filed Date: 9/17/15.
    Accession Number: 20150917-5072.
    Comments Due: 5 p.m. ET 10/8/15.

    Docket Numbers: ER15-2657-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-09-16_Order 1000 CTDS

Enhancement Filing to be effective 11/16/2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5137.
    Comments Due: 5 p.m. ET 10/7/15.

    Docket Numbers: ER15-2658-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-09-16_Order 1000 (TOA)
CTDS Enhancement Filing to be effective 11/15/2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5139.
    Comments Due: 5 p.m. ET 10/7/15.

    Docket Numbers: ER15-2659-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended SGIA SEPV Palmdale
East, LLC to be effective 11/17/2015.
    Filed Date: 9/17/15.
    Accession Number: 20150917-5002.
    Comments Due: 5 p.m. ET 10/8/15.

    Docket Numbers: ER15-2660-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Annual Calculation of the Cost of New Entry value
(``CONE'') for each Local Resource Zone (``LRZ'') in the MISO Region of
Midcontinent Independent System Operator, Inc.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5149.
    Comments Due: 5 p.m. ET 10/7/15.

    Docket Numbers: ER15-2661-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 4259,
Queue No. Z1-110 to be effective 7/22/2015.
    Filed Date: 9/17/15.
    Accession Number: 20150917-5070.
    Comments Due: 5 p.m. ET 10/8/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: September 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24135 Filed 9-22-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51454]
[FR Doc No: 2018-22064]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-30-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Transportation Retainage Adjustment Informational
Filing.
    Filed Date: 10/1/18.
    Accession Number: 20181001-5392.
    Comments Due: 5 p.m. ET 10/15/18.

    Docket Numbers: RP19-37-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Amendments to Non-Conforming
Agreements to be effective 11/1/2018.
    Filed Date: 10/3/18.
    Accession Number: 20181003-5010.
    Comments Due: 5 p.m. ET 10/15/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: October 4, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-22064 Filed 10-10-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48324-48327]
[DOCID:fr22se09-136]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 28900; File No. 812-13516-01]

Grail Advisors LLC and Grail Advisors ETF Trust; Notice of
Application

September 14, 2009.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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Summary of the Application: Applicants, including an actively-managed
open-end exchange traded fund, request an order that would permit them
to enter into and materially amend subadvisory agreements without
shareholder approval and would grant relief from certain disclosure
requirements.
    Applicants: Grail Advisors LLC (``Manager'') and Grail Advisors ETF
Trust (``Trust'').

    Filing Dates: The application was filed on April 10, 2008, and
amended on May 15, 2009, and September 14, 2009.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 7, 2009 and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants, c/o Mr. William M.
Thomas, Grail Advisors, LLC, One Ferry Building, Suite 255, San
Francisco, CA 94111.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811, or Michael W. Mundt, Assistant Director, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust is organized as a Delaware statutory trust and is
registered under the Act as an open-end management investment company.
The Trust operates as an actively-managed exchange traded open-end fund
(``ETF'') in reliance on an exemptive order.\1\ The Trust currently has
two initial funds (``Initial Funds''); additional funds (together with
the Initial Funds, the ``Funds'') may be added in the future. Each Fund
has its own investment objective(s), policies and restrictions.
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    \1\ Grail Advisors, LLC and Grail Advisors' Alpha ETF Trust,
Investment Company Act Rel. Nos. 28571 (Dec. 23, 2008) (notice) and
28604 (Jan. 16, 2009) (order).
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    2. The Manager, a Delaware limited liability company, is registered
as an investment adviser under the Investment Advisers Act of 1940
(``Advisers Act''). The Manager is a majority-owned subsidiary of Grail
Partners LLC. The Manager serves as the investment adviser to the
Initial Funds and will serve as investment adviser to any other Fund.
The Manager has an investment advisory agreement with the Trust for the
Initial Funds (an ``Investment Advisory Agreement'') approved by the
board of trustees of the Trust (the ``Board''), including a majority of
the trustees who are not ``interested persons,'' as defined in section
2(a)(19) of the Act (the ``Independent Board Members''), and the
shareholders of each Fund.\2\
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    \2\ Applicants also request relief with respect to future Funds
and any other existing or future registered open-end management
investment company or series thereof that: (a) Is advised by the
Manager or any person controlling, controlled by, or under common
control with the Manager (included in the term ``Manager''); (b)
uses the management structure described in the application; and (c)
complies with the terms and conditions contained in the application
(included in the term ``Funds''). The Trust is the only existing
investment company that currently intends to rely on the requested
order. If the name of any Fund contains the name of a Sub-Adviser
(as defined below), the name of the Manager, including the legal
name of the Manager and/or any ``doing business as'' or business
unit names used by the Manager, will precede the name of the Sub-
Adviser.
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    3. Under the Investment Advisory Agreement, the Manager is
responsible for providing a program of continuous investment management
to each Fund in accordance with the investment objective, policies and
limitations of the Fund. The Investment Advisory Agreement permits the
Manager to enter into separate advisory agreements (``Sub-Advisory
Agreements'') with sub-advisers (``Sub-Advisers''). Each Sub-Adviser
is, and any future Sub-Adviser will be, registered as an investment
adviser under the Advisers Act. The specific investment decisions for
each Fund are made by the Manager based on purchase and sale
recommendations from one or more Sub-Advisers selected by the Manager
to focus on all or a portion of the assets of the Fund or, at the
discretion of the Manager, by the Sub-Advisers themselves with respect
to the portion of any Fund portfolio allocated to them, subject to the
general supervision by the Manager and the Board. The Manager will
select Sub-Advisers based on an evaluation of the Sub-Adviser's
performance, the Sub-Adviser's fees and services in relation to other
investment advisers performing similar services, the nature of the
advice provided by the Sub-Adviser and the Sub-Adviser's reputation in
the investment community. Sub-Advisers must be approved by the Board,
including a majority of the Independent Board Members. The Manager will
monitor and evaluate the performance of Sub-Advisers and recommend to
the Board their hiring, termination and replacement. The Manager will
compensate each Sub-Adviser out of the advisory fees paid to the
Manager by the Fund.
    4. Applicants request an order to permit the Manager, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any Sub-Adviser who is an affiliated person, as
defined in section 2(a)(3) of the Act, of a Fund, the Trust or the
Manager, other than by reason of serving as a Sub-Adviser to one or
more of the Funds (``Affiliated Sub-Adviser'').
    5. Applicants also request an exemption from the various disclosure
provisions described below that may require the Funds to disclose fees
paid by the Manager to the Sub-Advisers. An exemption is requested to
permit a Fund to disclose (both as a dollar amount and as a percentage
of the Fund's net assets): (a) The aggregate fees paid to the Manager
and any Affiliated Sub-Advisers; and (b) the aggregate fees paid to
Sub-Advisers other than Affiliated Sub-Advisers (collectively,
``Aggregate Fee Disclosure''). Any Fund that employs an Affiliated Sub-
Adviser will provide separate disclosure of any fees paid to the
Affiliated Sub-Adviser.
    6. Applicants state that the requested relief is unusual insofar as
the requested order seeks relief for an ETF. However, applicants
believe that operations of the Funds under the requested order address
the concerns historically considered by the Commission when granting
identical relief to mutual funds. Applicants believe that similar to
shareholders of a mutual fund who may ``vote with their feet'' by
redeeming their individual shares at net asset value (``NAV'') if they
do not approve of a change in sub-adviser or sub-advisory agreement,
Fund shareholders will be able to sell shares in the secondary market
at negotiated prices that closely track the relevant Fund's NAV if they
do not approve of a change. Applicants state that the Funds will rely
on the same delivery mechanisms currently used by certain mutual funds
to ensure that shareholders who purchase shares in the secondary market
receive a prospectus and all of the information that would have been
provided in a proxy statement, except for the modifications discussed
below, in an information statement. Applicants note that the requested
relief is not broader in scope than the relief previously granted to
mutual funds.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by a vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve the matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 14(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.\3\
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    \3\ Form N-1A was recently amended by the Commission, effective
March 31, 2009, and Item 14(a)(3) should be read to refer to Item
19(a)(3) for each Fund when that Fund begins using the revised form.
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    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``Exchange Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Form N-SAR is the semi-annual report filed with the Commission
by registered investment companies. Item 48 of Form N-SAR requires
investment companies to disclose the rate schedule for fees paid to
their investment advisers, including the Sub-Advisers.
    5. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants seek the same relief previously granted to mutual
funds, and believe that the requested relief is equally appropriate for
ETFs. Applicants state that the requested relief meets the necessary
standards for the reasons discussed below.
    7. Applicants assert that the shareholders rely on the Manager to
select and monitor the Sub-Advisers best suited to achieve a Fund's
investment objectives. Applicants contend that, from the perspective of
the investor, the role of the Sub-Advisers is comparable to that of
individual portfolio managers employed by traditional investment
advisory firms. Applicants state that requiring shareholder approval of
each Sub-Advisory Agreement would impose costs and unnecessary delays
on the Funds, and may preclude the Manager from acting promptly in a
manner considered advisable by the Board. Applicants note that the
Investment Advisory Agreements and any Sub-Advisory Agreement with an
Affiliated Sub-Adviser will remain subject to section 15(a) of the Act
and rule 18f-2 under the Act.
    8. Applicants assert that many Sub-Advisers use a ``posted'' rate
schedule to set their fees. Applicants state that, while Sub-Advisers
are willing to negotiate fees lower than those posted in the schedule,
they are reluctant to do so when the fees are disclosed to other
prospective and existing customers. Applicants submit that the
requested relief will encourage potential Sub-Advisers to negotiate
lower subadvisory fees with the Manager.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the requested order, the operation of
the Fund in the manner described in the application will be approved by
a majority of the Fund's outstanding voting securities, as defined in
the Act, or, in the case of a Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the sole initial shareholder
before offering the Fund's shares to the public.
    2. Each Fund will disclose in its prospectus the existence,
substance and effect of the order granted pursuant to the application.
In addition, each Fund will hold itself out to the public as employing
the management structure described in the application. The prospectus
will prominently disclose that the Manager has ultimate responsibility,
subject to oversight by the Board, to oversee the Sub-Advisers and
recommend their hiring, termination, and replacement.
    3. Within 90 days of the hiring of any new Sub-Adviser, the Manager
will furnish shareholders all information about the new Sub-Adviser
that would be included in a proxy statement, except as modified to
permit the Aggregate Fee Disclosure. This information will include
Aggregate Fee Disclosure and any change in such disclosure caused by
the addition of a new Sub-Adviser. To meet this obligation, the Fund
will provide shareholders of the applicable Fund within 90 days of the
hiring of a new Sub-Adviser with an information statement meeting the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Exchange Act, except as modified by the order to permit
Aggregate Fee Disclosure.
    4. The Manager will not enter into a Sub-Advisory Agreement with
any Affiliated Sub-Adviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Board Members and the nomination of new or additional
Independent Board Members will be at the discretion of the then-
existing Independent Board Members.
    6. When a change of Sub-Adviser is proposed for a Fund with an
Affiliated Sub-Adviser, the Board, including a majority of the
Independent Board Members, will make a separate finding, reflected in
the applicable Board minutes, that such change is in the best interests
of the Fund and its shareholders and does not involve a conflict of
interest from which the Manager or an Affiliated Sub-Adviser derives an
inappropriate advantage.
    7. The Manager will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of the Fund's assets and, subject to review
and approval of the Board, will, for each Fund: (a) Set the Fund's
overall investment strategies; (b) evaluate, select and recommend Sub-
Advisers to provide purchase and sale recommendations to the Manager or
investment advice to all or a part of the Fund's assets; (c) when
appropriate, allocate and reallocate the Fund's assets among multiple
Sub-Advisers; (d) monitor and evaluate the Sub-Advisers'

performance; and (e) implement procedures reasonably designed to ensure
compliance by the Sub-Advisers with the Fund's investment objective,
policies and restrictions.
    8. No director, trustee or officer of the Trust or a Fund, or
director or officer of the Manager, will own directly or indirectly
(other than through a pooled investment vehicle over which such person
does not have control), any interest in a Sub-Adviser except for: (a)
Ownership of interests in the Manager or any entity that controls, is
controlled by, or is under common control with the Manager; or (b)
ownership of less than 1% of the outstanding securities of any class of
equity or debt of any publicly traded company that is either a Sub-
Adviser or an entity that controls, is controlled by, or is under
common control with a Sub-Adviser.
    9. Each Fund will disclose in its registration statement the
Aggregate Fee Disclosure.
    10. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, has been and will continue to be engaged to represent the
Independent Board Members. The selection of such counsel will be within
the discretion of the then-existing Independent Board Members.
    11. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.
    12. The Manager will provide the Board, no less frequently than
quarterly, with information about the Manager's profitability on a per
Fund basis. This information will reflect the impact on profitability
of the hiring or termination of any Sub-Adviser during the applicable
quarter.
    13. Whenever a Sub-Adviser is hired or terminated, the Manager will
provide the Board with information showing the expected impact on the
profitability of the Manager.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-22686 Filed 9-21-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39570-39572]
[DOCID:fr13jy06-21]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-VA-0015; FRL-8196-8]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; NSR in the Ozone Transport Region

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision establishes
and requires major new and major modified sources of volatile organic
compounds (VOCs) or nitrogen oxides (NOX) to meet certain
nonattainment New Source Review (NSR) requirements if they are located
(or are proposing to locate) in Virginia's portion of the Ozone
Transport Region (OTR). The intended effect of this action is the
approval of a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia for NSR in the OTR.

DATES: Effective Date: This final rule is effective on August 14, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-VA-0015. All documents in the docket are listed
in the http://www.regulations.gov Web site. Although listed in the

electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov
 or in hard copy for public inspection during normal

business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley,<PHONE_NUMBER> or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 6, 2006 (71 FR 890), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of nonattainment NSR in the OTR. The formal SIP revision was
submitted by Virginia on March 28, 2005. The applicable regulations
requiring implementation of nonattainment NSR in the Virginia portion
of the OTR were adopted by the Virginia State Air Pollution Control
Board on September 29, 2004.
    The Clean Air Act requires 13 states including the District of
Columbia to submit revisions to their State Implementation Plans that
will require major new and modified sources of VOCs or NOX
to meet certain NSR requirements if they are located (or planning to
locate) in the OTR.The OTR consists of the states of Connecticut,
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, Vermont and the Consolidated
Metropolitan Statistical Area that includes the District of Columbia
and portions of Virginia.
    The areas designated as in the Virginia portion of the OTR are as
follows: Arlington County, Fairfax County, Loudoun County, Prince
William County, Strafford County, Alexandria City, Fairfax City, Falls
Church City, Manassas City, and Manassas Park City.

II. Summary of SIP Revision

    The Commonwealth of Virginia amended its regulations to clarify
that areas located in the Virginia portion of the OTR must meet the
requirements of Virginia Code Article 9 VAC 5 Chapter 80 (Permits for
Major Stationary Sources and Major Modifications Locating in
Nonattainment Areas) as if they were classified as moderate
nonattainment for ozone, except that the threshold for major stationary
sources of VOCs would be 50 tons instead of 100 tons. The changes that
are approved in this SIP revision are those that identify and define
the OTR locations in Virginia while providing direction to what State
regulations sources will need to follow when they are either planning
to locate in or are already located in the Virginia portion of the OTR.
Changes were made to the State provisions at 9 VAC 5-80-2000,
Applicability and 9 VAC 5-80-2010, Definitions.
    Sources in the Virginia portion of the OTR are also required to
meet offset requirements in 9 VAC 5-80-2120 B 2 for areas classified as
moderate nonattainment for ozone. These provisions require all
increases of VOC and/or NOX emissions attributable to the
new or modified source to be offset with emission reductions elsewhere
in the Virginia portion of the OTR at a ratio of 1.15 to 1.00.
    This approved SIP revision amends the SIP to add new regulatory
language indicating that sources in the Virginia portion of the OTR are
subject to the requirements of 9 VAC 5-80-2000, et seq. regardless of
the nonattainment status of the area where the source is located. This
SIP revision also provides that sources located or planning to locate
in areas within the OTR that are classified as ``serious'' or
``severe'' nonattainment areas are required to meet the respective
emission thresholds listed within the State's definition of a ``major
stationary source'' at 9 VAC 5-80-2010 C Section a (1) and (2) and the
more restrictive offset requirements located in 9 VAC 5-80-2120 B 3 and
B 4, respectively.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law. On January 12,
1998, the Commonwealth of Virginia Office of the Attorney General
provided a legal opinion that states that the Privilege law, Va. Code
Sec. 10.1-1198, precludes granting a privilege to documents and
information ``required by law,'' including documents and information
``required by Federal law to maintain program delegation, authorization
or approval,'' since Virginia must ``enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts * * *'' The opinion concludes that ``[r]egarding
Sec.  10.1-1198, therefore, documents or other information needed for
civil or criminal enforcement under one of these programs could not be
privileged because such documents and information are essential to
pursuing enforcement in a manner required by Federal law to maintain
program delegation, authorization or approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.'' Therefore,
EPA has determined that Virginia's Privilege and Immunity statutes will
not preclude the Commonwealth from enforcing its NSR program consistent
with the Federal requirements. In any event, because EPA has also
determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.
    Other specific requirements of NSR in the Virginia Ozone Transport
Region and the rationale for EPA's proposed action are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.

IV. Final Action

    EPA is approving NSR in the Ozone Transport Region as a revision to
the Virginia SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects 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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 11, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action to approve NSR in the Virginia portion of
the Ozone Transport Region may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: July 6, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by revising
the entries for Chapter 80, Article 9, Sections 5-80-2000 and 5-80-2010
to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                       State                                        Explanation
  State citation  (9 VAC 5)       Title/subject      effective           EPA approval date          [former SIP
                                                        date                                         citation]
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                             Chapter 80 Permits for Stationary Sources [Part VIII]

                                                  * * * * * * *
              Article 9 Permits for Major Stationary Sources and Modifications--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
5-80-2000...................  Applicability.......      9/29/04  7/13/06 [Insert page number
                                                                  where the document begins]
5-80-2010...................  Definitions.........      9/29/04  7/13/06 [Insert page number
                                                                  where the document begins]

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 06-6188 Filed 7-12-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60152-60153]
[DOCID:fr29se10-112]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62980; File No. SR-CHX-2010-20]

Self-Regulatory Organizations; The Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Change the Provide Credit for Transactions Involving Issues Priced Less
Than One Dollar

September 23, 2010.
    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 September 16, 2010, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. CHX has filed
the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The CHX proposes to amend its Schedule of Participant Fees and
Assessments (the ``Fee Schedule''), effective September 20, 2010, to
change its transaction fees and rebates to Exchange Participants for
transactions involving issues priced less than one dollar that occur
within the Exchange's Matching System. The text of this proposed rule
change is available on the Exchange's Web site at http://www.chx.com/
rules/proposed_rules.htm and in the Commission's Public Reference
Room, 100 F Street, NE., Washington, DC 20549.

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 CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified

in Item IV below. The CHX 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
    Through this filing, the Exchange would amend its Fee Schedule to
change the provide credit to Exchange Participants for transactions
involving issues priced less than one dollar that occur within the
Exchange's Matching System.
    The Exchange proposes to change the provide credit in the
transactions described above from 0.20% of the trade value to $0.00009
per share executed. The Exchange notes that this pricing structure for
transactions in securities priced under $1 is similar to those used by
some of our competitors which have been recently approved by the
Commission.\5\ The proposed change in the provide credit will help us
remain competitive while maximizing the income derived from
transactions in securities priced under $1.
---------------------------------------------------------------------------

    \5\ For example, The NASDAQ Stock Market LLC changed its rebate
for transactions in securities priced under $1 from 0.1% of the
total dollar value to $0.00009 per share in May of 2010. See
Securities Exchange Act Release No. 62138 (May 19, 2010), 75 29596
(May 26, 2010) (SR-NASDAQ-2010-059).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \6\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \7\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members. Among other things, the change to the
fee schedule would provide incentives to Participants to increase the
amount of liquidity provided on our trading facilities for securities
priced less than $1, which may contribute to an increase in trading
volume on the Exchange and in the income derived therefrom.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4)
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(B)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder \9\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by the self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. At any time within 60-days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-CHX-2010-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2010-20. 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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CHX. 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 publicly available. All
submissions should refer to File Number SR-CHX-2010-20 and should be
submitted on or before October 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24416 Filed 9-28-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Pages 1172-1175]
[FR Doc No: 2016-31600]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7003; Directorate Identifier 2016-CE-015-AD;
Amendment 39-18766; AD 2016-26-08]
RIN 2120-AA64

Airworthiness Directives; PILATUS AIRCRAFT LTD. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2014-22-01 for
all PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45, PC-12/47, and PC-12/
47E airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as a need to incorporate new
revisions into the Limitations section, Chapter 4, of the FAA-approved
maintenance program (e.g., maintenance manual). The limitations were
revised to include repetitive inspections of the main landing gear
(MLG) attachment bolts. We are issuing this AD to require actions to
address the unsafe condition on these products.

DATES: This AD is effective February 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of February 9,
2017.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7003; or in person at the Docket Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact PILATUS
AIRCRAFT LTD., Customer Service Manager, CH-6371 STANS, Switzerland;
telephone: +41 (0) 41 619 33 33; fax: +41 (0) 41 619 73 11; Internet:
http://www.pilatus-aircraft.com or email<EMAIL_ADDRESS>You may view this referenced service information at the
FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2016-7003.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to all PILATUS
AIRCRAFT LTD. Models PC-12, PC-12/45, PC-12/47, and PC-12/47E
airplanes. That SNPRM was published in the Federal Register on August
31, 2016 (81 FR 59919), and proposed to supersede AD 2014-22-01,
Amendment 39-18005 (79 FR 67343, November 13, 2014).
    The SNPRM proposed to correct an unsafe condition for the specified
products and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. The MCAI states:

    The airworthiness limitations are currently defined and
published in the Pilatus PC-12 Aircraft Maintenance Manual(s) (AMM)
under Chapter 4, Structural, Component and Miscellaneous--
Airworthiness Limitations Section (ALS) documents. The limitations
contained in these documents have been identified as mandatory for
continued airworthiness.
    Failure to comply with these instructions could result in an
unsafe condition.

    EASA issued AD 2014-0170 requiring the actions as specified in
ALS, Chapter 4 of AMM report 02049 issue 28, for PC-12, PC-12/45 and
PC-12/47 aeroplanes, and Chapter 4 of AMM report 02300 issue 11, for
PC-12/47E aeroplanes.
    Since that AD was issued, Pilatus issued Chapter 4 of PC-12 AMM
report 02049 issue 31, and Chapter 4 of PC-12 AMM report 02300 issue
14 (hereafter collectively referred to as `the applicable ALS' in
this AD), to incorporate new six-year and ten-year inspection
intervals for several main landing gear (MLG) attachment bolts, and
an annual inspection interval for the MLG shock absorber attachment
bolts, which was previously included in the AMM Chapter 5 annual
inspection. After a further review of the in-service data, Pilatus
issued Service Letter (SL) 186, extending the special compliance
time applicable for the MLG bolts inspection.
    For the reasons described above, this AD retains the
requirements of EASA AD 2014-0170, which is superseded, and requires
the accomplishment of the new maintenance tasks, as described in the
applicable ALS.

    The MCAI can be found in the AD docket on the Internet at https://www.regulations.gov/document?D=FAA-2016-7003-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Incorporate Requirements of the New Revisions to the
Limitations Section of the FAA-Approved Maintenance Program Into This
AD

    Fernando Campos of KACALP Flight Operations requested that the
requirements of the new revisions to the Limitations section of the
FAA-approved maintenance program (e.g., maintenance manual) be written
into the AD instead of requiring operators to insert these new
revisions into the Limitations section of the FAA-approved maintenance
program (e.g., maintenance manual).
    The commenter stated that most operators do not own a maintenance
library subscription (hardcopy of the maintenance manual) from PILATUS
AIRCRAFT LTD. (Pilatus). Therefore, it would be impossible to comply
with paragraph (f)(1) of the proposed AD.
    The commenter also stated that Pilatus PC-12 airplane operators are
not subject to 14 CFR 91.409(e) and/or 14 CFR 91.409(f)(3) ``Inspection
Program'' and operators can maintain their airplane in accordance with
the operating rules of 14 CFR 91.409(a) and 14 CFR 91.409(b) only.
    We do not agree with the commenter. Although some operators may or
may not own a current hardcopy subscription of the Pilatus PC-12
maintenance library (e.g., maintenance manual), 14 CFR 21.50 requires
that a complete set of instructions for continued airworthiness (ICA)
be delivered with the airplane. Therefore, it is possible for an
operator to comply with paragraph (f)(1) of this AD using the set of
ICA delivered with the airplane. Pilatus PC-12 airplanes are bound by
14 CFR 91.409(a) and 14 CFR 91.409(b) if operated for hire. An option
for 14 CFR 135 operators, if they desire to use an ``Approved Aircraft
Inspection Program'' is 14 CFR 91.409(c). An option for using a
``Progressive Inspection'' is 14 CFR 91.409(d), and the Pilatus PC-12
ICA has such a program already in it. Operators of a Pilatus PC-12
airplane are not normally subject to 14 CFR 91.409(e) or 14 CFR
91.409(f)(3); however, if an exemption to 14 CFR 91.409(e) is granted
to an operator, then 14 CFR 409(f)(3) is an option as well.
Incorporating the limitation requirements into the AD could potentially
cause confusion and/or unintended new unsafe conditions if there were
any inadvertent changes when rewriting the limitations into this AD. In
addition, this deviates from the method utilized by the foreign
airworthiness authority in the MCAI and could cause confusion with
future rulemaking.
    We have not changed the AD based on this comment.

Request To Allow All A&P Mechanics To Do the Supplemental Structural
Inspection Document (SSID) Program

    Fernando Campos of KACALP Flight Operations requested that the AD
be revised to allow all A&P mechanics to do the SSID program.
    The commenter stated that paragraph (f)(3) of the proposed AD
states that ``only authorized Pilatus Service Centers can do the
SSID.'' The commenter stated that this is illegal and contrary to U.S.
antitrust laws. Properly certificated repair stations and A&P mechanics
cannot be prevented from engaging in aircraft commerce, especially if
they have the appropriate ratings from the FAA under 14 CFR parts 65
and 145.
    The FAA does not agree with the commenter that the requirements in
this AD are illegal and contrary to U.S. antitrust laws. There is
little margin for error on the safety risk presented in the SSID.
Although the FAA believes that the requirement to use only Pilatus
services centers appropriately addresses this risk, we will also
consider an alternative method of compliance (AMOC), as stated in the
AD. The FAA can issue an AMOC that allows properly certified mechanics
to do the actions in the SSID, providing we believe the additional risk
presented in the SSID is appropriately addressed. For such an AMOC, you
should contact the FAA at the contact specified in paragraph (g)(1) of
this AD.
    We have not changed this AD based on this comment at this time,
although we will consider AMOCs as indicated above.

Request Compliance Credit for Using Electronic Versus Hardcopy
Maintenance Manual

    Fernando Campos of KACALP Flight Operations requested compliance be
allowed for operators who subscribe to the Pilatus maintenance library
electronically (instead of hardcopy).
    We agree with the commenter. Although we have to account for the
actual paper document due to the fact that we have to incorporate by
reference the documents referenced in this AD and make it part of the
regulation, we understand the concerns. We added language to this AD
stating that compliance with the electronic version of the Limitations
sections to the FAA-approved maintenance program (e.g., maintenance
manual) is acceptable provided the specifically referenced section is
followed even though there may be differences with the pagination.
    We have changed this AD based on this comment.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information

    PILATUS AIRCRAFT LTD. has issued Structural, Component and
Miscellaneous--Airworthiness Limitations, document 12-A-04-00-00-00A-
000A-A, dated July 12, 2016, and Structural and Component Limitations--
Airworthiness Limitations, document 12-B-04-00-00-00A-000A-A, dated
July 19, 2016. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of the AD.

Costs of Compliance

    We estimate that this AD will affect 770 products of U.S. registry.
We also estimate that it will take about 1.5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $98,175, or $127.50 per product. This
breaks down as follows:
     Incorporating new revisions into the Limitations section,
Chapter 4, of the FAA-approved maintenance program (e.g., maintenance
manual): .5 work-hour for a fleet cost of $32,725, or $42.50 per
product.
     New inspections of the MLG attachment bolts: 1 work-hour
with no parts cost for fleet cost of $65,450 or $85 per product.
    In addition, we estimate that any necessary corrective actions (on-
condition costs) that must be taken based on the inspections will take
about 1 work-hour and require parts costing approximately $100 for a
cost of $185 per product. We have no way of determining the number of
products that may need these necessary corrective actions.
    The only costs that will be imposed by this AD over that already
required by AD 2014-22-01 is the costs associated with the insertion of
the revised Limitation section and the MLG attachment bolts inspection
and replacement as necessary.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7003; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing 39-18005 (79 FR 67343,
November 13, 2014) and adding the following new AD:

2016-26-08 PILATUS AIRCRAFT LTD.: Amendment 39-18766; Docket No.
FAA-2016-7003; Directorate Identifier 2016-CE-015-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 9,
2017.

(b) Affected ADs

    This AD replaces AD 2014-22-01, 39-18005 (79 FR 67343, November
13, 2014).

(c) Applicability

    This AD applies to PILATUS AIRCRAFT LTD. Models PC-12, PC-12/45,
PC-12/47, and PC-12/47E airplanes, all manufacturer serial numbers
(MSNs), certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as a need to
incorporate new revisions into the Limitations section, Chapter 4,
of the FAA-approved maintenance program (e.g., maintenance manual).
The limitations were revised to include repetitive inspections of
the main landing gear (MLG) attachment bolts. These actions are
required to ensure the continued operational safety of the affected
airplanes.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through
(6) of this AD:
    (1) Before further flight after February 9, 2017 (the effective
date of this AD), insert the following revisions into the
Limitations section of the FAA-approved maintenance program (e.g.,
maintenance manual). Compliance with an electronic version of the
Limitations section is acceptable provided the specifically
referenced sections are followed even though there may be
differences with the pagination:
    (i) STRUCTURAL, COMPONENT AND MISCELLANEOUS--AIRWORTHINESS
LIMITATIONS, Data module code 12-A-04-00-00-00A-000A-A, dated July
12, 2016, of the Pilatus Model type--PC-12, PC-12/45, PC-12/47 MSN-
101-888, Aircraft Maintenance Manual (AMM), Document No. 02049, 12-
A-AM-00-00-00-I, revision 32, dated July 18, 2016; and
    (ii) STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS
LIMITATIONS, Data module code 12-B-04-00-00-00A-000A-A, dated July
19, 2016, of the Pilatus Model type--PC-12/47E MSN-1001-UP, Aircraft
Maintenance Manual (AMM), Document No. 02300, 12-B-AM-00-00-00-I,
revision 15, dated July 30, 2016.
    (2) The new limitations section revisions listed in paragraphs
(f)(1)(i) and (ii) of this AD specify the following:
    (i) Establish inspections of the MLG attachment bolts,
    (ii) Specify replacement of components before or upon reaching
the applicable life limit, and
    (iii) Specify accomplishment of all applicable maintenance tasks
within certain thresholds and intervals.
    (3) Only authorized Pilatus Service Centers can do the
Supplemental Structural Inspection Document (SSID) as required by

the documents in paragraphs (f)(1)(i) and (ii) of this AD because
deviations from the type design in critical locations could make the
airplane ineligible for this life extension.
    (4) If no compliance time is specified in the documents listed
in paragraphs (f)(1)(i) and (ii) of this AD when doing any
corrective actions where discrepancies are found as required in
paragraph (f)(2)(iii) of this AD, do these corrective actions before
further flight after doing the applicable maintenance task.
    (5) During the accomplishment of the actions required in
paragraph (f)(2) of this AD, including all subparagraphs, if a
discrepancy is found that is not identified in the documents listed
in paragraphs (f)(1)(i) and (ii) of this AD, before further flight
after finding the discrepancy, contact PILATUS AIRCRAFT LTD. at the
address specified in paragraph (h) of this AD for a repair scheme
and incorporate that repair scheme.
    (6) Before or upon accumulating 6 years time-in-service (TIS) on
the MLG attachment bolts or within the next 3 months TIS after
February 9, 2017 (the effective date of this AD), whichever occurs
later, inspect the MLB attachment bolts for cracks and corrosion and
before further flight take all necessary corrective actions.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (i) Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (ii) AMOCs approved for AD 2014-22-01, 39-18005 (79 FR 67343,
November 13, 2014) are not approved as AMOCs for this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2016-0083, dated April 28, 2016, for related information. You may
examine the MCAI on the Internet at https://www.regulations.gov/document?D=FAA-2016-7003-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) STRUCTURAL, COMPONENT AND MISCELLANEOUS--AIRWORTHINESS
LIMITATIONS, Data module code 12-A-04-00-00-00A-000A-A, dated July
12, 2016, of the Pilatus Model type--PC-12, PC-12/45, PC-12/47 MSN-
101-888, Aircraft Maintenance Manual (AMM), Document No. 02049, 12-
A-AM-00-00-00-I, revision 32, dated July 18, 2016.
    (ii) STRUCTURAL AND COMPONENT LIMITATIONS--AIRWORTHINESS
LIMITATIONS, Data module code 12-B-04-00-00-00A-000A-A, dated July
19, 2016, of the Pilatus Model type--PC-12/47E MSN-1001-UP, Aircraft
Maintenance Manual (AMM), Document No. 02300, 12-B-AM-00-00-00-I,
revision 15, dated July 30, 2016.
    (3) For PILATUS AIRCRAFT LTD. service information identified in
this AD, contact PILATUS AIRCRAFT LTD., Customer Service Manager,
CH-6371 STANS, Switzerland; telephone: +41 (0) 41 619 33 33; fax:
+41 (0) 41 619 73 11; Internet: http://www.pilatus-aircraft.com or
email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-7003.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on December 21, 2016.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-31600 Filed 1-4-17; 8:45 am]
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[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Notices]
[Page 15130]
[FR Doc No: 2014-05848]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0373]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Preparing a Claim of Categorical
Exclusion or an Environmental Assessment for Submission to the Center
for Food Safety and Applied Nutrition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Preparing a Claim of Categorical
Exclusion or an Environmental Assessment for Submission to the Center
for Food Safety and Applied Nutrition'' has been approved by the Office
of Management and Budget (OMB) under the Paperwork Reduction Act of
1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 30, 2013, the Agency submitted a
proposed collection of information entitled ``Preparing a Claim of
Categorical Exclusion or an Environmental Assessment for Submission to
the Center for Food Safety and Applied Nutrition'' to OMB for review
and clearance under 44 U.S.C. 3507. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
OMB has now approved the information collection and has assigned OMB
control number 0910-0541. The approval expires on February 28, 2017. A
copy of the supporting statement for this information collection is
available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: March 12, 2014.
Peter Lurie,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2014-05848 Filed 3-17-14; 8:45 am]
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14171-14172]
[FR Doc No: 2023-04564]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-0680]

Fosun Pharma USA Inc.; Withdrawal of Approval of Abbreviated New
Drug Application for Pemoline Tablets, 18.75 Milligrams, 37.5
Milligrams, and 75 Milligrams

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of abbreviated new drug application (ANDA) 075286
for pemoline tablets, 18.75 milligrams (mg), 37.5 mg, and 75 mg, held
by Fosun Pharma USA Inc. (Fosun), 104 Carnegie Center, Princeton, NJ
08540. Fosun requested that approval of this application be withdrawn
and has waived its opportunity for a hearing.

DATES: Approval is withdrawn as of March 7, 2023.

FOR FURTHER INFORMATION CONTACT: Kimberly Lehrfeld, Office of
Regulatory Policy, Center for Drug Evaluation and Research, Food and
Drug Administration, 10903 New Hampshire

Ave., Bldg. 51, Rm. 6226, Silver Spring, MD 20993,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: On June 30, 1999, FDA approved ANDA 075286
for pemoline tablets, 18.75 mg, 37.5 mg, and 75 mg, for the conditions
of use in the labeling of new drug application (NDA) 016832, the
reference listed drug on which it relied. On October 24, 2005, the
Agency issued a Postmarket Drug Safety Information for Patients and
Providers communication entitled ``Information for Healthcare
Professionals: Pemoline Tablets and Chewable Tablets (Marketed as
CYLERT)'' which concluded the overall liver toxicity risk of CYLERT
(pemoline) (NDAs 016832 and 017703) and generic pemoline products
outweighed the benefits of these products (https://wayback.archive-it.org/7993/20171114124349/https://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProviders/ucm126461.htm).
    All holders of approved applications for pemoline products,
including Fosun, ceased marketing the products at that time. On April
22, 2019, Fosun requested that FDA withdraw approval of ANDA 075286,
pursuant to Sec.  314.150(d) (21 CFR 314.150(d)) and waived its
opportunity for a hearing.
    For the reasons discussed above, and in accordance with the
applicant's request, approval of ANDA 075286 for pemoline tablets,
18.75 mg, 37.5 mg, and 75 mg, and all amendments and supplements
thereto, is withdrawn under Sec.  314.150(d). Distribution of pemoline
tablets, 18.75 mg, 37.5 mg, and 75 mg, into interstate commerce without
an approved application is illegal and subject to regulatory action
(see sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(a) and 331(d))).

    Dated: March 1, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-04564 Filed 3-6-23; 8:45 am]
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33277]
[FR Doc No: 2021-13370]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER21-1772-000, ER21-1774-000, ER21-1775-000]

PacifiCorp, Sierra Pacific Power Company, Nevada Power Company;
Notice Addressing Motion for Expedited Action

    On June 10, 2021, PacifiCorp, Sierra Pacific Power Company, and
Nevada Power Company filed a motion requesting expedited action on
pending market-based rate tariff amendments filed in the above-
captioned dockets. The motion requested action no later than June 14,
2021.
    Upon consideration, notice is hereby given that the Commission will
not take action by today, June 14, 2021, as requested. The Commission
intends to address the merits of the filings in a subsequent order.

    Dated: June 14, 2021..
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-13370 Filed 6-23-21; 8:45 am]
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[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53810-53811]
[FR Doc No: 2015-22494]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0147]

Demonstrating the Substantial Equivalence of a New Tobacco
Product: Responses to Frequently Asked Questions; Second Edition;
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a second
edition of the guidance for industry entitled ``Demonstrating the
Substantial Equivalence of a New Tobacco Product: Responses to
Frequently Asked Questions''. FDA is issuing the second edition to
provide further information on demonstrating substantial equivalence
(SE) of a new tobacco product, including demonstrating SE when the new
tobacco product has: A modified label that renders it distinct from,
but has identical characteristics to, a valid predicate product; or a
change in product quantity from, but where the per weight composition
is identical to, a valid predicate product.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: All communications in response to this notice should be
identified with Docket No. FDA-2011-D-0147. Submit electronic comments
on the guidance to http://www.regulations.gov. Submit written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Annette Marthaler, Center for Tobacco
Products, Food and Drug Administration, Document Control Center, Bldg.
71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002;
1-877-287-1373<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of the second edition of the
guidance for industry entitled ``Demonstrating the Substantial
Equivalence of a New Tobacco Product: Responses to Frequently Asked
Questions'' (second edition SE FAQ guidance). We are issuing this
guidance consistent with our good guidance practices regulation (21 CFR
10.115).
    In September 2011, FDA issued draft guidance responding to
frequently asked questions covering a range of topics on demonstrating
the SE of a new tobacco product (September 9, 2011, 76 FR 55927). In
March 2015, FDA issued a final guidance on many of the topics included
in the September 2011 draft ((March 5, 2015, 80 FR 12011) (March 2015
FAQ guidance)). In May 2015, FDA announced that an interim enforcement
policy would be in effect while it considered comments submitted on the
March 2015 FAQ guidance. This interim enforcement policy will continue
to be in effect for 30 days from the date of issuance of the

second edition SE FAQ guidance. Based on the comments received on the
September 2011 draft guidance and the March 2015 final guidance, we are
now issuing the second edition FAQ final guidance.
    The second edition FAQ guidance describes FDA's current thinking on
whether and when a change to a tobacco product's label, product
quantity in the package, additives, or specifications renders that
product a ``new tobacco product'' subject to premarket review. It
explains that a manufacturer may submit streamlined SE reports for
certain modifications to labels and changes to product quantity. The
guidance also explains FDA's plans and processes for review of the
streamlined SE reports. Finally, this guidance responds to several
questions that have been raised about the SE process more generally.
    The guidance represents the current thinking of FDA on this topic.
It does not establish any rights for any person and is not binding on
FDA or the public. You can use an alternative approach if it satisfies
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved information
collections. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
sections 905(j) and 910 of the FD&C Act (21 U.S.C. 387e(j) and 387j,
respectively), as amended by the Tobacco Control Act (Pub. L. 111-31),
have been approved under OMB control number 0910-0673; the collections
of information in 21 CFR part 25 have been approved under OMB control
number 0910-0322.

III. Comments

A. General Information About Submitting Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document.

B. Public Availability of Comments

    Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at http://www.regulations.gov. As a matter of Agency
practice, FDA generally does not post comments submitted by individuals
in their individual capacity on http://www.regulations.gov. This is
determined by information indicating that the submission is written by
an individual, for example, the comment is identified with the category
``Individual Consumer'' under the field titled ``Category (Required),''
on the ``Your Information'' page on http://www.regulations.gov. For
this document, however, FDA will not be following this general
practice. Instead, FDA will post on http://www.regulations.gov comments
to this docket that have been submitted by individuals in their
individual capacity. If you wish to submit any information under a
claim of confidentiality, please refer to 21 CFR 10.20.

C. Information Identifying the Person Submitting the Comment

    Please note that your name, contact information, and other
information identifying you will be posted on http://www.regulations.gov if you include that information in the body of your
comments. For electronic comments submitted to http://www.regulations.gov, FDA will post the body of your comment on http://www.regulations.gov along with your state/province and country (if
provided), the name of your representative (if any), and the category
identifying you (e.g., individual, consumer, academic, industry). For
written submissions submitted to the Division of Dockets Management,
FDA will post the body of your comments on http://www.regulations.gov,
but you can put your name and/or contact information on a separate
cover sheet and not in the body of your comments.

IV. Electronic Access

    Persons with access to the Internet may obtain an electronic
version of the guidance at either http://www.regulations.gov or http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: August 27, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-22494 Filed 9-4-15; 8:45 am]
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Page 37152]
[FR Doc No: 2021-14922]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2293-000]

Fish Springs Ranch Solar, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Fish Springs Ranch Solar, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file 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 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 21, 2021.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 1, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14922 Filed 7-13-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Notices]
[Page 3712]
[DOCID:fr22ja08-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 15, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP91-143-058.
    Applicants: Great Lakes Gas Transmission LP.
    Description: Great Lakes Gas Transmission Cosubmits the
Interruptible/Overrun Revenue Sharing Report for the November 2006-
October 2007.
    Filed Date: 12/18/2007.
    Accession Number: 20071219-0359.
    Comment Date: 5 p.m. Eastern Time on Tuesday, January 22, 2008.

    Docket Numbers: RP08-47-002.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Company Ltd submits its Twentieth
Revised Sheet 4C to its FERC Gas Tariff, Second Revised Volume.
    Filed Date: 01/11/2008.
    Accession Number: 20080114-0419.
    Comment Date: 5 p.m. Eastern Time on Wednesday, January 23, 2008.
    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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-983 Filed 1-18-08; 8:45 am]

BILLING CODE 6717-01-P