[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22730-22731]
[FR Doc No: 2020-08630]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-55-000]

Port Arthur LNG Phase II, LLC, PALNG Common Facilities Company,
LLC; Notice of Schedule for Environmental Review of the Port Arthur LNG
Expansion Project

    On February 19, 2020, Port Arthur LNG Phase II, LLC (PALNG-II) and
PALNG Common Facilities Company, LLC (PCFC) filed an application in
Docket No. CP20-55-000 requesting authorization pursuant to section 3
of the Natural Gas Act to construct and operate new natural gas
liquefaction facilities. The proposed project is known as the Expansion
Project (Project) and would add a total of approximately 13.5 million
tonnes per annum (MTPA) of liquefaction capacity for export overseas at
the Port Arthur LNG Liquefaction Terminal authorized under Docket No.
CP17-20-000.
    On March 4, 2020, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--January 15, 2021
90-Day Federal Authorization Decision Deadline--April 15, 2021

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies

are kept informed of the Project's progress.

Project Description

    The Expansion Project would be located on approximately 900 acres
near the City of Port Arthur in Jefferson County, Texas, entirely
within the previously authorized Port Arthur LNG Liquefaction Terminal
site. The Project would include two new liquefaction trains (Trains 3
and 4), each with its own gas treatment facilities and capable of
producing 6.73 MTPA; and associated utilities and infrastructure
related to Trains 3 and 4.

Background

    On June 25, 2019, the Commission staff granted PALNG-II and PCFC's
request to use the FERC's Pre-filing environmental review process and
assigned the Expansion Project Docket No. PF19-5. On October 1, 2019,
the Commission issued a Notice of Intent to Prepare an Environmental
Assessment Statement for the Planned Port Arthur LNG Expansion Project,
and Request for Comments on Environmental Issues (NOI). The NOI was
issued during the pre-filing review of the Project in Docket No. PF19-5
and sent to affected landowners; federal, state, and local government
agencies; elected officials; and other interested parties. In response
to the NOI, comments were received from the Texas Historical Commission
and the Sabine Center for Climate Change Law, All substantive comments
will be addressed in the EA.
    The U.S. Department of Transportation's Pipeline and Hazardous
Materials Safety Administration and U.S. Department of Energy are
cooperating agencies in the preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP20-55), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC website also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: April 17, 2020.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-08630 Filed 4-22-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40443-40445]
[FR Doc No: 2018-17481]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1022; Product Identifier 2017-NM-098-AD; Amendment
39-19357; AD 2018-17-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 787-8 and 787-9 airplanes. This AD was
prompted by reports of failures of the lip heater assemblies of the
inlet ice protection system of the cabin air compressor (CAC) due to
chafing. This AD requires changing the airplane electrical connectors
and the routes of certain wire bundles, and installing new or modified
left and right CAC inlet duct assemblies. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective September 19, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
19, 2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1022.

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-2017-
1022; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, 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 FURTHER INFORMATION CONTACT: Joe Salemeh, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 787-8 and 787-9 airplanes. The NPRM published in the Federal
Register on November 17, 2017 (82 FR 54302). The NPRM was prompted by
reports of failures of the CAC inlet ice protection system (CIPS) inlet
lip heater assemblies due to chafing of the CIPS inlet lip heater wire
harness against adjacent structures. The NPRM proposed to require
changing the airplane electrical connectors and the routes of certain
wire bundles, and installing new or modified left and right CAC inlet
duct assemblies. We are issuing this AD to address any damage to the
CIPS inlet lip heater wire bundle, which could cause an electrical
short and potential loss of functions essential for safe flight of the
airplane.

Comments

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

Request for Clarification of Affected Spare Parts

    Oman Air requested clarification regarding whether the proposed AD
applies only to the airplane line numbers specified in the service
information, or whether the proposed AD would also require modification
of spare ducts.
    Oman Air stated that the applicability in the proposed AD includes
those airplanes that are specified in Boeing Alert Service Bulletin
B787-81205-SB300019-00, Issue 001, dated March 22, 2017. Oman Air also
stated that the service information also affects spare CAC inlet duct
assemblies with part numbers specified in the service information. Oman
Air commented that the service information recommended that the spares
be modified in accordance with Boeing Alert Service Bulletin B787-
81205-SB300019-00, or any later FAA-approved revision. Oman Air stated
that there is no mention of spares in the proposed rule, no compliance
time associated with the spares, and no parts installation prohibition
paragraph.
    We agree to clarify. This AD applies only to the airplanes
specified in the applicability, which includes Boeing Model 787-8 and
787-9 airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin B787-81205-SB300019-00, Issue 002, dated April
20, 2018. Modification of spare parts is not required by this AD
because operators must maintain affected airplanes in the required
configuration. The FAA is not mandating action on spare parts, but an
operator that wants to use those parts and not discard them must do the
modification using the component service information. In addition, the
existing spare parts cannot be installed after the accomplishment of
Boeing Alert Service Bulletin B787-81205-SB300019-00, Issue 001, dated
March 22, 2017, because the electrical connectors are different due to
the modifications in the component service information and the airplane
service information. We have not changed this AD in this regard.

Request To Use the Information Notice

    All Nippon Airways (ANA), Boeing, and United Airlines (UAL)
requested that the FAA use Boeing Information Notice B787-A-30-00-0019-
02A-931E-D, Issue 001, dated December 15, 2017, as a source when
referencing Boeing Alert Service Bulletin B787-81205-SB300019-00, Issue
001, dated March 22, 2017. Boeing stated that the information notice
informs operators of a wire termination reference error that does not
affect system function or airplane safety. ANA stated that the
correction in the information notice must be incorporated in
conjunction with the incorporation of Boeing Alert Service Bulletin
B787-81205-SB300019-00, Issue 001, dated March 22, 2017. UAL stated
that the use of the information notice would avoid unnecessary requests
for alternative methods of compliance (AMOC).
    We agree with the commenters. We agree that the information notice
corrects a wiring termination reference error for certain
configurations to make it consistent with the 787 Wiring Diagram Manual
and that accomplishing the service information with the wiring error
does not affect system function or airplane safety. The manufacturer
has revised the service information to correct the wiring termination
reference error; therefore, we have revised paragraph (g) of this AD to
require accomplishment of the actions in accordance with Boeing Alert
Service Bulletin B787-81205-SB300019-00, Issue 002, dated April 20,
2018. We have also added paragraph (h) to this AD to give credit for
actions completed before the effective date of this AD using Boeing
Alert Service Bulletin B787-81205-SB300019-00, Issue 001, dated March
22, 2017. In addition, we have given credit for Boeing Alert Service
Bulletin B787-81205-SB300019-00, Issue 001, dated March 22, 2017, in
conjunction with Boeing Information Notice B787-A-30-00-0019-02A-931E-
D, Issue 001, dated December 15, 2017. We redesignated subsequent
paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin B787-81205-SB300019-00,
Issue 002, dated April 20, 2018. This service information describes
procedures for changing the airplane electrical connectors and the
routes of certain wire bundles, and installing new or modified left and
right CAC inlet duct assemblies. 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.

Costs of Compliance

    We estimate that this AD affects 66 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Change and installation...............  20 work-hours x $85 per          $32,937         $34,637      $2,286,042
                                         hour = $1,700.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (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.

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 adding the following new airworthiness
directive (AD):

2018-17-03 The Boeing Company: Amendment 39-19357; Docket No. FAA-
2017-1022; Product Identifier 2017-NM-098-AD.

(a) Effective Date

    This AD is effective September 19, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8 and 787-9
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin B787-81205-SB300019-00, Issue 002, dated
April 20, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice/Rain
protection system wiring.

(e) Unsafe Condition

    This AD was prompted by reports of failures of the Cabin Air
Compressor (CAC) inlet ice protection system (CIPS) inlet lip heater
assemblies due to chafing of the CIPS inlet lip heater wire harness
against adjacent structures. We are issuing this AD to address any
damage to the CIPS inlet lip heater wire bundle, which could cause
an electrical short and potential loss of functions essential for
safe flight of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Within 36 months after the effective date of this AD, do all
applicable actions identified as ``RC'' (required for compliance)
in, and in accordance with, the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB300019-00, Issue 002,
dated April 20, 2018.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB300019-00, Issue 001, dated March 22, 2017.
    (2) This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin B787-
81205-SB300019-00, Issue 001, dated March 22, 2017, in conjunction
with Boeing Information Notice B787-A-30-00-0019-02A-931E-D, Issue
001, dated December 15, 2017.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this
AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Joe Salemeh,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th Street, Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email: [email protected].

(k) 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) Boeing Alert Service Bulletin B787-81205-SB300019-00, Issue
002, dated April 20, 2018.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on August 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-17481 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8799-8801]
[FR Doc No: 2011-3271]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63869; File No. SR-NYSEArca-2010-119]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change To List and Trade Shares of the Teucrium WTI Crude
Oil Fund

February 8, 2011.

I. Introduction

    On December 20, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of the Teucrium WTI Crude
Oil Fund under NYSE Arca Equities Rule 8.200. The proposed rule change
was published for comment in the Federal Register on January 6,
2011.\3\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 63625 (December 30,
2010), 76 FR 807 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade shares (``Shares'') of the
Teucrium WTI Crude Oil Fund (``Fund'') pursuant to NYSE Arca Equities
Rule 8.200. NYSE Arca Equities Rule 8.200, Commentary .02, permits the
trading of Trust Issued Receipts either by listing or pursuant to
unlisted trading privileges.\4\
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    \4\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap agreements.
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    The Shares represent beneficial ownership interests in the Fund,
which is a commodity pool that is a series of the Teucrium Commodity
Trust (``Trust''), a Delaware statutory trust.\5\ The Fund is managed
and controlled by Teucrium Trading, LLC (``Sponsor''). The Sponsor is a
Delaware limited liability company that is registered as a commodity
pool operator with the Commodity Futures Trading Commission (``CFTC'')
and is a member of the National Futures Association.
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    \5\ See Amendment No. 1 to registration statement on Form S-1
for Teucrium Commodity Trust, dated September 7, 2010 (File No. 333-
167593) relating to the Teucrium Natural Gas Fund (``Registration
Statement'').
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    The investment objective of the Fund is to have the daily changes
in percentage terms of the Shares' net asset value (``NAV'') reflect
the daily changes in percentage terms of a weighted average of a
weighted average of the closing settlement prices for futures contracts
for Western Texas Intermediate (``WTI'') crude oil, also known as Texas
Light Sweet crude oil (``Oil Futures Contracts'') traded on the New
York Mercantile Exchange (``NYMEX''), specifically (1) the nearest to
spot June or December Oil Futures Contract, weighted 35%; (2) the June
or

December Oil Futures Contract following the aforementioned (1),
weighted 30%; and (3) the December Oil Futures Contract following the
aforementioned (2),\6\ weighted 35%; before taking Fund expenses and
interest income into account. The Sponsor employs a ``neutral''
investment strategy intended to track the changes in the Oil Benchmark
regardless of whether the Oil Benchmark goes up or down.
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    \6\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Christopher W. Chow, Special Counsel, Commission, dated
December 22, 2010.
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    The Fund seeks to achieve its investment objective by investing
under normal market conditions in Oil Benchmark Component Futures
Contracts or, in certain circumstances, in other Oil Futures Contracts
traded on the NYMEX and to a lesser extent the IntercontinentalExchange
(``ICE''). The Fund may also invest in other kinds of crude oil futures
contracts traded on the NYMEX or ICE or on other domestic or foreign
exchanges. In addition, and to a limited extent, the Fund will invest
in crude oil-based swap agreements that are cleared through the NYMEX
or ICE or their affiliated providers of clearing services (``Cleared
Oil Swaps'') in furtherance of the Fund's investment objective, and to
the extent permitted and appropriate in light of the liquidity in the
Cleared Oil Swaps market. Once position limits and accountability
levels in Oil Futures Contracts are applicable, the Fund's intention is
to invest first in Cleared Oil Swaps to the extent permitted by the
position limits and accountability levels applicable to Cleared Oil
Swaps and appropriate in light of the liquidity in the Cleared Oil
Swaps market,\7\ and then in contracts or instruments such as cash-
settled options on Oil Futures Contracts and forward contracts, swaps
other than Cleared Oil Swaps, and other over-the-counter transactions
that are based on the price of crude oil and Oil Futures Contracts
(collectively, ``Other Oil Interests,'' and together with Oil Futures
Contracts and Cleared Oil Swaps, ``Oil Interests'').\8\
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    \7\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Christopher W. Chow, Special Counsel, Commission, dated
December 27, 2010.
    \8\ The Commission has previously approved listing of similar
funds which held forward contracts or swaps on the American Stock
Exchange (``Amex'') and NYSE Arca. See, e.g., Securities Exchange
Act Release Nos. 53582 (March 31, 2006), 71 FR 17510 (April 6, 2006)
(SR-Amex-2005-127) (order approving Amex listing of United States
Oil Fund, LP); 57188 (January 23, 2008), 73 FR 5607 (January 30,
2008) (SR-Amex-2007-70) (order approving Amex listing of United
States Heating Oil Fund, LP and United States Gasoline Fund, LP);
61881 (April 9, 2010), 75 FR 20028 (April 16, 2010) (SR-NYSEArca-
2010-14) (order approving listing and trading of United States Brent
Oil Fund, LP); and 62527 (July 19, 2010), 75 FR 43606 (July 26,
2010) (order approving listing and trading of United States
Commodity Index Fund).
---------------------------------------------------------------------------

    The Exchange represents that the Fund will meet the initial and
continued listing requirements applicable to Trust Issued Receipts in
NYSE Arca Equities Rule 8.200 and Commentary .02 thereto. With respect
to application of Rule 10A-3 under the Act,\9\ the Trust will rely on
the exception contained in Rule 10A-3(c)(7).\10\ A minimum of 100,000
Shares will be outstanding as of the start of trading on the Exchange.
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    \9\ 17 CFR 240.10A-3.
    \10\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    Additional details regarding the trading policies of the Fund,
creations and redemptions of the Shares, Oil Interests and other
aspects of the WTI crude oil and Oil Interest markets, investment
risks, Benchmark performance, NAV calculation, the dissemination and
availability of information about the underlying assets, trading halts,
applicable trading rules, surveillance, and the Information Bulletin,
among other things, can be found in the Notice and/or the Registration
Statement, as applicable.\11\
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    \11\ See supra notes 3 and 5.
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III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change to list and trade the Shares is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\12\ In particular, the
Commission finds that the proposed rule change is consistent with the
requirements of Section 6(b)(5) of the Act,\13\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \12\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is also consistent with Section 11A(a)(1)(C)(iii) of
the Act,\14\ which sets forth Congress's finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information regarding the Shares will be disseminated through the
facilities of the Consolidated Tape Association (``CTA''), and the
Benchmark will be disseminated by one or more major market data vendors
every 15 seconds during the NYSE Arca Core Trading Session of 9:30 a.m.
to 4 p.m. Eastern Time (``E.T.''). In addition, the Indicative Trust
Value (``ITV'') will be disseminated on a per-Share basis by one or
more major market data vendors every 15 seconds during the NYSE Arca
Core Trading Session.\15\ The Fund will provide Web site disclosure of
portfolio holdings daily and will include, as applicable, the names,
quantity, price, and market value of Financial Instruments \16\ and the
characteristics of such instruments and cash equivalents, and amount of
cash held in the portfolio of the Fund. The closing price and
settlement prices of the Oil Futures Contracts are also readily
available from the NYMEX (http://www.cmegroup.com) and ICE (http://www.theice.com), automated quotation systems, published or other public
sources, or on-line information services such as Bloomberg or Reuters.
The NAV for the Fund will be calculated by the Administrator once a day
and will be disseminated daily to all market participants at the same
time, and the Web site for the Fund (http://www.teucriumoilfund.com)
and/or the Exchange will contain the prospectus and additional data
relating to NAV and other applicable quantitative information.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \15\ The normal trading hours for Oil Futures Contracts on NYMEX
are 9 a.m. to 2:30 p.m. E.T. The ITV will not be updated, and,
therefore, a static ITV will be disseminated, between the close of
trading on NYMEX of Oil Futures Contracts and the close of the NYSE
Arca Core Trading Session. The value of a Share may be influenced by
non-concurrent trading hours between NYSE Arca and the NYMEX and ICE
when the Shares are traded on NYSE Arca after normal trading hours
of Oil Futures Contracts.
    \16\ See supra note 4.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. If the Exchange becomes aware that the NAV with respect to the
Shares is not

disseminated to all market participants at the same time, it will halt
trading in the Shares until such time as the NAV is available to all
market participants. Further, the Exchange represents that it may halt
trading during the day in which an interruption to the dissemination of
the ITV or the value of the underlying futures contracts occurs. If the
interruption to the dissemination of the ITV or the value of the
underlying futures contracts persists past the trading day in which it
occurred, the Exchange will halt trading no later than the beginning of
the trading day following the interruption. In addition, the Web site
disclosure of the portfolio composition of the Fund will occur at the
same time as the disclosure by the Sponsor of the portfolio composition
to Authorized Purchasers (as defined in the Registration Statement) so
that all market participants are provided portfolio composition
information at the same time. Therefore, the same portfolio information
will be provided on the public Web site as well as in electronic files
provided to Authorized Purchasers. Accordingly, each investor will have
access to the current portfolio composition of the Fund through the
Fund's Web site. Lastly, the trading of the Shares will be subject to
NYSE Arca Equities Rule 8.200, Commentary .02(e), which sets forth
certain restrictions on ETP Holders \17\ acting as registered Market
Makers \18\ in Trust Issued Receipts to facilitate surveillance.
---------------------------------------------------------------------------

    \17\ See NYSE Arca Equities Rule 1.1(n) (defining ETP Holder).
    \18\ See NYSE Arca Equities Rule 1.1(u) (defining Market Maker).
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are deemed equity
securities subject to the Exchange's rules governing the trading of
equity securities. In support of this proposal, the Exchange has made
representations, including the following:
    (1) The Fund will meet the initial and continued listing
requirements applicable to Trust Issued Receipts in NYSE Arca Equities
Rule 8.200 and Commentary .02 thereto.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
    (4) With respect to Fund assets traded on exchanges, not more than
10% of the weight of such assets in the aggregate shall consist of
components whose principal trading market is not a member of the
Intermarket Surveillance Group or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
    (5) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Opening and Late
Trading Sessions when an updated ITV will not be calculated or publicly
disseminated; (b) the procedures for purchases and redemptions of
Shares (and that Shares are not individually redeemable); (c) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Shares; (d) how information regarding the ITV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (f) trading information.
    (6) A minimum of 100,000 Shares will be outstanding as of the start
of trading on the Exchange.
    (7) With respect to the application of Rule 10A-3 under the Act,
the Trust will rely on the exception contained in Rule 10A-3(c)(7).\19\
---------------------------------------------------------------------------

    \19\ See supra notes 9 and 10 and accompanying text.

This approval order is based on the Exchange's representations.\20\
---------------------------------------------------------------------------

    \20\ The Commission notes that it does not regulate the market
for the futures in which the Fund plans to take positions, which is
the responsibility of the CFTC. The CFTC has the authority to set
limits on the positions that any person may take in futures on
commodities. These limits may be directly set by the CFTC, or by the
markets on which the futures are traded. The Commission has no role
in establishing position limits on futures in commodities, even
though such limits could impact a commodity-based exchange-traded
product that is under the jurisdiction of the Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\21\ that the proposed rule change (SR-NYSEArca-2010-119) be, and
it hereby is, approved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3271 Filed 2-14-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29111-29113]
[FR Doc No: 2018-13368]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2790-072]

Boott Hydropower, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), Commencement of
Pre-Filing Process, and Scoping; Request for Comments on the PAD and
Scoping Document, and Identification of Issues and Associated Study
Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 2790-072.
    c. Dated Filed: April 30, 2018.
    d. Submitted By: Boott Hydropower, LLC (Boott).
    e. Name of Project: Lowell Hydroelectric Project.
    f. Location: On the Merrimack River, in Middlesex County,
Massachusetts and Hillsborough County, New Hampshire. The project does
not occupy any Federal land.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Kevin Webb, Hydro Licensing
Manager, Enel Green Power North America, Inc., 100 Brickstone Square,
Suite 300, Andover, MA 01810,<PHONE_NUMBER>.
    i. FERC Contact: Steve Kartalia at<PHONE_NUMBER> or email at
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues

that wish to cooperate in the preparation of the environmental document
should follow the instructions for filing such requests described in
item o below. Cooperating agencies should note the Commission's policy
that agencies that cooperate in the preparation of the environmental
document cannot also intervene. See 94 FERC 61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR part 402 and (b) the Massachusetts and
New Hampshire State Historic Preservation Officers, as required by
section 106 of the National Historic Preservation Act and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Boott as the Commission's
non-federal representative for carrying out informal consultation,
pursuant to section 7 of the Endangered Species Act and section 106 of
the National Historic Preservation Act.
    m. Boott filed with the Commission a Pre-Application Document (PAD;
including a proposed process plan and schedule), pursuant to 18 CFR 5.6
of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission staff's Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected]. In lieu of electronic filing, please send a
paper copy to: Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-2790-072.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so within 60 days of issuance.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribe, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Tuesday, July 17, 2018.
    Time: 10:00 a.m.
    Location: UMass Lowell Inn and Conference Center, Grand Ballroom,
50 Warren St., Lowell, MA 01852.
    Phone:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date: Tuesday, July 17, 2018.
    Time: 6:00 p.m.
    Location: UMass Lowell Inn and Conference Center, Grand Ballroom,
50 Warren St., Lowell, MA 01852.
    Phone:<PHONE_NUMBER>.
    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 will be
available at the scoping meetings, or may be viewed on the web at
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions
for accessing information in paragraph n. Based on all oral and written
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a
revised process plan and schedule, as well as a list of issues,
identified through the scoping process.

Environmental Site Review

    The licensee and Commission staff will conduct an environmental
site review of the project on Wednesday, July 18, 2018, starting at
9:00 a.m. All participants should meet at the Eldred L. Field
Powerhouse, located at 145 Pawtucket St., Lowell, MA 01854.
    If you plan to attend the environmental site review, please email
Kevin Webb of Boott at [email protected] on or before July 11, 2018,
and indicate how many participants will be attending with you.
Participants should park at the UMass Lowell East Campus Garage at 47
Pawtucket St., Lowell (no parking fee). After parking, exit the garage
onto Pawtucket St. and follow the street to the right (west) about 500
feet. The entrance to the E.L. Field Powerhouse is through the gate on
the right, just before the bridge over the Northern Canal. Boott's
safety policies require that participants wear sturdy footwear; no
sandals, open-toed shoes, or shorts.
    The Lowell Project's facilities are spread out throughout the City
of Lowell. Due to limited parking at many locations, Boott will
transport participants between facilities by bus. The tour will last
for 5 to 6 hours. For any questions concerning the environmental site
visit please contact Kevin Webb at<PHONE_NUMBER> or
[email protected].

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3)

review and discuss existing information and identify preliminary
information and study needs; (4) review and discuss the process plan
and schedule for pre-filing activity that incorporates the time frames
provided for in Part 5 of the Commission's regulations and, to the
extent possible, maximizes coordination of federal, state, and tribal
permitting and certification processes; and (5) discuss the
appropriateness of any federal or state agency or Indian tribe acting
as a cooperating agency for development of an environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: June 15, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-13368 Filed 6-21-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Notices]
[Pages 4272-4273]
[FR Doc No: 2015-01404]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0194]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Biosimilars User Fee Cover Sheet; Form FDA 3792

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection in
Form FDA 3792, ``Biosimilars User Fee Cover Sheet''.

DATES: Submit either electronic or written comments on the collection
of information by March 30, 2015.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,

before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Biosimilars User Fee Cover Sheet; Form FDA 3792 (OMB Control Number
0910-0718)--Extension

    The Patient Protection and Affordable Care Act (Pub. L. 111-148)
contains a subtitle called the Biologics Price Competition and
Innovation Act of 2009 (Title VII Subtitle A) (BPCI Act) that amends
the Public Health Service Act (42 U.S.C. 262) (PHS Act) and other
statutes to create an abbreviated approval pathway for biological
products shown to be biosimilar to or interchangeable with an FDA-
licensed reference biological product. Section 351(k) of the PHS Act,
added by the BPCI Act, allows a company to submit an application for
licensure of a biosimilar or interchangeable biological product. The
BPCI Act also amends section 735 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379g) to include 351(k) applications in the
definition of ``human drug application'' for the purposes of the
prescription drug user fee provisions. The BPCI Act directs FDA to
develop recommendations for a biosimilar biological product user fee
program for fiscal years 2013 through 2017. FDA's recommendations for a
biosimilar biological product user fee program were submitted to
Congress on January 13, 2012.
    FDA's biosimilar biological product user fee program requires FDA
to assess and collect user fees for certain meetings concerning
biosimilar biological product development (BPD meetings),
investigational new drug applications (INDs) intended to support a
biosimilar biological product application, and biosimilar biological
product applications and supplements. Form FDA 3792, the Biosimilars
User Fee Cover Sheet, requests the minimum necessary information to
determine the amount of the fee required, and to account for and track
user fees. The form provides a cross-reference of the fees submitted
for a submission with the actual submission by using a unique number
tracking system. The information collected is used by FDA's Center for
Drug Evaluation and Research and Center for Biologics Evaluation and
Research to initiate the administrative screening of biosimilar
biological product INDs, applications, and supplements, and to account
for and track user fees associated with BPD meetings.
    Respondents to this collection of information are manufacturers of
biosimilar biological product candidates. Based on the number of Form
FDA 3792s we have received, we estimate the burden of this collection
of information as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
                FDA form No.                    Number of      responses per     Total annual         Average burden  per response         Total hours
                                               respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Biosimilars User Fee Cover Sheet; Form FDA               20                1               20   0.50 (30 minutes)......................              10
 3792.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: January 21, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-01404 Filed 1-26-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73615-73616]
[FR Doc No: 2011-30681]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14275-000; 14279-000; 14282-000]

FFP Project 91 LLC; Riverbank Hydro No. 23 LLC; Lock Hydro
Friends Fund III; Notice of Competing Preliminary Permit Applications
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 1, 2011, FFP Project 91 LLC (FFP 91), Riverbank Hydro
No. 23 LLC (Riverbank), and Lock Hydro Friends Fund III (Lock Hydro),
filed preliminary permit applications, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of a hydropower
project at the U.S. Army Corps of Engineers' (Corps) Kentucky River
Lock & Dam No. 10, located on the Kentucky River in Clark and Madison
Counties, Kentucky. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    FFP 91's Project No. 14275-000 would consist of: (1) An 360-foot-
long, 50-foot-wide approach channel; (2) a powerhouse, located on the
west side of the dam, containing one generating units with a total
capacity of 6.3 MW; (3) a 230-foot-long, 55-foot-wide tailrace; (4) a
4.16/69 KV substation; and (5) a 0.5-mile-long, 69 KV transmission
line. The proposed project would have an average annual generation of
25.1 GWh, KV operate run-of-river utilizing surplus water from Kentucky
River Lock & Dam No. 10, as directed by the Corps.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power Corp.,
239 Causeway Street, Suite 300, Boston, MA 02114.<PHONE_NUMBER>.
    Riverbank's Project No. 14279-000 would consist of: (1) A forebay;
(2) an intake structure; (3) a powerhouse containing two generating
units with a total capacity of 4.2 MW; (4) a tailrace structure; and
(5) a 0.16-mile-long, 25 KV transmission line. The project would have
an estimated average annual generation of 21.0 gigawatt-hours (GWh),
and operate run-of-river utilizing surplus water from the Kentucky
River Lock & Dam No. 10, as directed by the Corps.
    Applicant Contact: Mr. Vincent Lamarra, Riverbank Power USA, 975
South State Highway 89/91, Logan, UT 84321.<PHONE_NUMBER>.
    Lock Hydro's Project No. 14282-000 would consist of: (1) Increasing
the existing dam height by four feet to increase the reservoir level;
(2) a powerhouse constructed in an abandoned lock containing four
generating units with a total combined capacity of 4.0 megawatts (MW);
(3) a new switchyard containing a transformer; and (4) a proposed 0.8-
mile-long, 34.5 kilo-volt (KV) transmission line to an existing power
line. The proposed project would have an average annual generation of
22.776 GWh, and operate run-of-river utilizing surplus water from the
Kentucky River Lock & Dam No. 10, as directed by the Corps.
    Applicant Contact: Mr. Wayne F. Krouse, Hydro Green Energy, 5090
Richmond Avenue 390, Houston, TX 77056.<PHONE_NUMBER>.
    FERC Contact: Michael Spencer<EMAIL_ADDRESS>(202) 502-
6093.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and

competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14275-000, 14279-000, or P-14282-000) in the
docket number field to access the document. For assistance, contact
FERC Online Support.

    Dated: November 22, 2011.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2011-30681 Filed 11-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14366-14367]
[FR Doc No: 2011-5885]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 390 and 391

[Docket No. FMCSA-2008-0363]
RIN 2126-AA97

National Registry of Certified Medical Examiners

AGENCY: Federal Motor Carrier Safety Administration, Transportation.

ACTION: Request for public comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety Administration (FMCSA) is making available
for public comment a modification of the proposed information
collection request (ICR) related to the notice of proposed rulemaking
(NPRM) for the National Registry of Certified Medical Examiners (NRCME)
published on December 1, 2008. In the comments on the NPRM, a commenter
inquired as to what a motor carrier had to do to verify that a medical
examiner's certificate had been issued to a commercial motor vehicle
driver by a medical examiner listed on the proposed NRCME. In response
to this and other comments, FMCSA is considering whether to require
employers to verify that the medical examiner is listed and to place a
record of such verification in the driver qualification file. This
document is to inform the public that a modified ICR that includes this
verification requirement under consideration is available for public
comment. The other information collection requirements were made
available for public comments at the same time as the NPRM. Therefore,
comments will only be considered in response to this document with
respect to the information collection aspects of the verification
requirements under consideration by the Agency. Comments on the other
information collection requirements proposed with the NPRM will not be
considered.

DATES: Comments and related material must be submitted on or before May
16, 2011.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2008-0363 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section

below for instructions on submitting comments.
    Comments must also be submitted to the Office of Information and
Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 10202, 725 17th Street, NW., Washington, DC
20053, Attention: Desk Officer for the Department of Transportation.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Physical Qualifications
Division, Federal Motor Carrier Safety Administration, 1200 New Jersey
Ave., SE., Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>. E-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Motor Carrier Safety
Administration (FMCSA) is making available for public comment a
modification of the proposed information collection request (ICR)
related to the notice of proposed rulemaking (NPRM) for the National
Registry of Certified Medical Examiners (NRCME) published on December
1, 2008 (73 FR 73129). Other information collection requirements were
made available for public comments in the same issue as the NPRM (see
73 FR at 73140-42).
    Public Participation and Request for Comments: We encourage you to
submit comments on the modification to the Information Collection
Request related to the proposed NRCME. All comments received will be
posted, without change, to http://www.regulations.gov and will include
any personal information you have provided.
    Privacy Act: Anyone can search the electronic form of comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review a
Privacy Act, system of records notice regarding our public dockets in
the January 17, 2008, issue of the Federal Register (73 FR 3316).
    Title: National Registry of Certified Medical Examiners (NRCME).
    Summary: The Secretary of Transportation is required to establish
and maintain a national registry of medical examiners that are
qualified to perform examinations and issue medical certificates that
verify whether a CMV driver's physical qualifications meet FMCSA
standards. In addition, medical examinations of CMV operators will be
performed by MEs who have received training in physical and medical
examination standards, and, after the NRCME is established, are listed
on the NRCME. 49 U.S.C. 31136(a)(3) and 31149. Once the NRCME Program
is implemented, FMCSA will accept medical examinations performed only
by certified MEs listed on the NRCME, as required by law.
    Several new proposed information collection requirements related to
the proposed NRCME were described in the Notice of Proposed Rulemaking
published on December 1, 2008. In each case, the relationship of the
proposed information collection to the proposals in the NPRM was
explained, and an estimate of the information collection burden was
provided. An opportunity to provide public comment on those
requirements and the estimated burden, as required by the Paperwork
Reduction Act, was made available at that time. FMCSA, in response to
comments on the proposed rule, is considering whether to include an
additional information collection requirement that would be a
substantial modification of the information collection requirements
involved. The provision under consideration would require employers of
CMV drivers to verify the National Registry Number of the ME for each
driver required to be examined by an ME on the National Registry, and
place a note relating to verification in the driver qualification file.
This information collection requirement provides proof the employer has
met its obligation to require drivers to comply with the regulations
that apply to the driver (49 U.S.C. 31135[a] and 49 CFR 390.11).
    Respondents (Including the Number of): The likely respondents to
this proposed information requirement are the 1,193,083 employers of
the 7,000,000 CMV drivers required to obtain medical certificates. In
any given year, FMCSA estimates that approximately 4,600,00 CMV drivers
will respond and provide their certificates to their employers.
    Frequency: FMCSA estimates that approximately 4,622,925
verifications and recordkeeping actions will be performed by employers
each year.
    Annual Burden Estimate: This proposal would result in an annual
recordkeeping and reporting burden as follows:
    We estimate it will take motor carrier administrative personnel 4
minutes to verify the National Registry Number, write a note regarding
the verification, and file the note in the driver qualification file,
so this will require approximately 308,195 hours of administrative
personnel time on a yearly basis (4,622,925 verifications x 4 minutes/
60 minutes per verification = 308,195 hours).
    The total estimated annual recordkeeping and time burden for all
information collections related to the physical qualification
requirements is approximately 2,092,243 hours.
    Any comments submitted in response to this notice will be
summarized in the request for OMB approval. All comments will also
become a matter of public record.

    Dated: March 8, 2011.
Kelly Leone,
Associate Administrator and Chief Information Officer, Research and
Information Technology, Director, Information Technology and Deputy
CIO, FMCSA.
[FR Doc. 2011-5885 Filed 3-15-11; 8:45 am]
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