[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53137-53138]
[FR Doc No: 2019-21675]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2894-013]

Flambeau Hydro, LLC; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Terms and
Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2894-013.
    c. Date filed: December 31, 2018.
    d. Applicant: Flambeau Hydro, LLC.
    e. Name of Project: Black Brook Hydroelectric Project.
    f. Location: On the Apple River, in the township of Black Brook,
Polk County, Wisconsin. There are no federal lands within the project
boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Jason Kreuscher, Renewable World Energies,
LLC, 100 South State St., P.O. Box 264, Neshkoro, WI 54960, (855) 994-
9376 ext. 102.
    i. FERC Contact: Michael Davis<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing for filing motions to intervene and
protests, comments, recommendations, terms and conditions, and
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests, comments, recommendations, terms and
conditions, and prescriptions 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_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). 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-2894-013.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted, and is ready for
environmental analysis at this time.
    l. The Black Brook Project consists of the following existing
facilities: (1) A 131-foot-long by 32-foot-high concrete gravity dam
with three 12-foot-high by 12-foot-wide radial gates, a 32.5-foot-wide
by 23.6-foot-high overflow section with a 6-inch flashboard, a 315-
foot-long by 12-foot-wide by 8.3-foot-high left embankment, and a 75-
foot-long by 38.5-foot-wide by 31.2-foot-high right embankment; (2) a
10-foot-long by 3.17-foot-wide by 15-foot-high reinforced concrete
intake structure containing two 7-foot-wide by 12-foot-high steel
dewatering gates and two 65-degree inclined 16-foot-wide by 15-foot-
high trash racks with a 1.5-inch clear-bar spacing; (3) a 34.7-foot by
25.3-foot cement block powerhouse with two generating units providing a
total of 0.645 megawatt of installed capacity; (4) a 30-foot by 10-foot
tailrace; (5) a 6-foot by 5.5-foot 13.2-kilovolt (kV) substation
facility; (6) a 20-foot-long, 2,400-volt transmission line and a 1.25-
mile-long 13.2 kV transmission line; and (7) appurtenant facilities.
The project has a normal pool elevation of 1045.47 feet National
Geodetic Vertical Datum with a surface area of about 98 acres and no
usable storage capacity. The project generates about 7,336 megawatt-
hours annually.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at 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. A copy is also available for inspection and
reproduction at the address in item h above.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS'', ``REPLY COMMENTS'',
``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;''
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    p. Procedural schedule: The application will be processed according
to the following schedule. Revisions to

the schedule will be made as appropriate.

Commission issues Environmental Assessment May 2020
Comments on Environmental Assessment June 2020

    Dated: September 30, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-21675 Filed 10-3-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Proposed Rules]
[Pages 57802-57804]
[FR Doc No: 2020-20277]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0841; Product Identifier 2020-NM-087-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A300 F4-605R airplanes and Model A310-324
airplanes. This proposed AD was prompted by a report that certain
emergency locator transmitter (ELT) lithium batteries lack protection
against current injection. This proposed AD would require modification
of the airplane circuit connecting the ELT battery, as specified in a
European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 2,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; email<EMAIL_ADDRESS>internet: www.easa.europa.eu.
You may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this IBR material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0841.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0841; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0841;
Product Identifier 2020-NM-087-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments the FAA receives, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0108, dated May 14, 2020
(``EASA AD 2020-0108'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A300-600 series airplanes and
Model A310 series airplanes.
    This proposed AD was prompted by a report that ELT lithium
batteries lack protection against current injection of 28 Volts DC or
115 Volts AC. The FAA is proposing this AD to address ELT lithium
batteries lacking protection against current injection, which could
induce a local battery fire, even after a significant delay, and could
result in damage to the airplane and injury to occupants. See the MCAI
for additional background information.

Related Material Under 1 CFR Part 51

    EASA AD 2020-0108 describes procedures for modification of the
airplane circuit connecting the ELT battery by installing a diode. This
material 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0108 described previously, as incorporated by
reference, except for any differences

identified as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0108
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0108 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0108 that is required for compliance with EASA AD 2020-
0108 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0841 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................             $50             $220           $1,320
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the 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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):

Airbus SAS: Docket No. FAA-2020-0841; Product Identifier 2020-NM-
087-AD.

(a) Comments Due Date

    The FAA must receive comments by November 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) and (2) of this AD, certificated in any category,
as identified in European Union Aviation Safety Agency (EASA) AD
2020-0108, dated May 14, 2020 (``EASA AD 2020-0108'').
    (1) Model A300 F4-605R airplanes.
    (2) Model A310-324 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report that certain emergency locator
transmitter (ELT) lithium batteries lack protection against current
injection. The FAA is issuing this AD to address ELT lithium
batteries lacking protection against current injection, which could
induce a local battery fire, even after a significant delay, and
could result in damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0108.

(h) Exceptions to EASA AD 2020-0108

    (1) Where EASA AD 2020-0108 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0108 does not apply
to this AD.
    (3) Where paragraph (1) of EASA AD 2020-0108 specifies to
``modify the airplane,'' the

modification includes the testing required in paragraph 3.E. of the
Accomplishment Instructions of the service information specified in
paragraph (1) of EASA AD 2020-0108.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0108 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified 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 procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2020-0108, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>Internet: www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0841.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on September 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20277 Filed 9-15-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61614-61615]
[FR Doc No: 2022-22134]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2257]

Proposed Flood Hazard Determinations; Correction

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice; correction.

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SUMMARY: On August 4, 2022, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous
table. This notice provides corrections to that table to be used in
lieu of the erroneous information. The table provided here represents
the proposed flood hazard determinations and communities affected for
Athens County, Ohio and Incorporated Areas.

DATES: Comments are to be submitted on or before January 10, 2023.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2257, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR 67.6
(b) is considered an appeal. Comments

unrelated to the flood hazard determinations will also be considered
before the FIRM and FIS report are made final.

Correction

    In the proposed flood hazard determination notice published at 87
FR 47769 in FR Doc. 2022-16753 of the August 4, 2022 issue of the
Federal Register, FEMA published a table titled ``Athens County, Ohio,
and Incorporated Areas''. This table contained inaccurate information
as to the community map repository address for the Unincorporated Areas
of Athens County, Ohio featured in the table. In this document, FEMA is
publishing a table containing the accurate information. The information
provided below should be used in lieu of that previously published.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Assistant Administrator for Risk Management (Acting), Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
               Athens County, Ohio and Incorporated Areas
        Project: 12-05-3508S Preliminary Date: November 30, 2021
------------------------------------------------------------------------
Unincorporated Areas of Athens County..  Athens County Courthouse, 1
                                          South Court Street, Athens, OH
                                          45701.
------------------------------------------------------------------------

[FR Doc. 2022-22134 Filed 10-11-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: February 17, 2006 (Volume 71, Number 33)]
[Notices]
[Page 8625-8626]
[DOCID:fr17fe06-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53271; File No. SR-ISE-2005-46]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Order Approving a Proposed Rule Change Relating to the Operation
of Primary Market Maker Memberships

February 10, 2006.

I. Introduction

    On September 27, 2005, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') 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 amend its rules to increase
the maximum number of Primary Market Maker (``PMM'') memberships that
an ISE member may operate from two PMM memberships to three PMM
memberships. The proposed rule change was published for comment in the
Federal Register on December 6, 2005.\3\ The Commission received no
comment letters regarding the proposal. This order approves the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 52856 (November 30,
2005), 70 FR 72684 (December 6, 2005) (``Notice'').
---------------------------------------------------------------------------

II. Description of Proposed Rule

    The Exchange proposes to amend ISE Rule 303(b) to increase from two
to three the maximum number of PMM memberships that an ISE member may
operate. According to ISE's Certificate of Incorporation
(``Certificate'') \4\ and ISE's Amended and Restated Constitution
(``Constitution''),\5\ each PMM membership is represented by a single
share of ISE Class B Common Stock, Series B-1, of which there are 10
shares authorized and outstanding.\6\ ISE represents that it currently
has seven PMMs operating the ten PMM memberships; three PMMs each
operate two PMM memberships, and the remaining four PMMs each operate
one PMM membership. ISE's Certificate prohibits an ISE member from
owning or voting the shares representing more than 20% of any class or
series of ISE capital stock.\7\ Current ISE Rule 303(b) prohibits an
ISE member from exercising the trading privileges associated with
(i.e., operating) more than one PMM membership, but permits the ISE
Board of Directors (``ISE Board'') to waive this restriction and allow
an ISE member (together with its affiliates) to exercise the trading
privileges associated with 20% of the outstanding PMM memberships. To
waive this restriction, the ISE Board must make a finding of ``good
cause.'' \8\ Taken together, ISE's Certificate and ISE Rule 303(b)
currently prohibit an ISE member from owning, voting, or operating more
than 20% of the outstanding PMM memberships.\9\
---------------------------------------------------------------------------

    \4\ See Article Fourth, Section II(b)(ii)(A) of the Certificate.
    \5\ See Article XIII, Section 13.1 of the Constitution.
    \6\ See Article Fourth, Section II(b)(i) of the Certificate.
    \7\ See Article Fourth, Sections III(a)(ii) and (b)(i) of the
Certificate.
    \8\ Supplementary Material .01 to ISE Rule 303 provides that the
ISE Board, when making its determination of whether good cause has
been shown, the ISE Board must consider whether an operational,
business or regulatory need to operate more than one PMM membership
has been demonstrated. It further provides that the ISE Board is
only allowed to approve the operation of additional PMM memberships
when, in its judgment, such action is in the best interest of the
Exchange.
    \9\ The Commission notes that ISE recently filed a proposed rule
change that would restructure the Exchange but would retain its
existing 20% ownership and voting limitations applicable to ISE
members as part of the proposed reorganization. See File No. SR-ISE-
2006-04.
---------------------------------------------------------------------------

    The proposed rule change would amend ISE Rule 303(b) to increase
the maximum number of PMM memberships an ISE member may operate, upon
the ISE Board's approval, from 20% of the outstanding PMM memberships
(two PMM memberships) to 30% of the outstanding PMM memberships (three
PMM memberships). The proposed rule change also would add proposed
Supplementary Material .02 to ISE Rule 303, which would prohibit the
ISE Board from approving any such arrangement in which a PMM would gain
ownership or voting rights in excess of those permitted under ISE's
Certificate or Constitution. Because the proposal would not alter the
20% ownership and voting limits currently set forth in ISE's
Certificate that apply to ISE members, the proposal would allow a
member to operate up to 30% of the outstanding PMM memberships, upon
receiving Board approval, but only in the event that such member did
not own or vote more than 20% of such PMM memberships.

III. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\10\ In particular, the Commission believes that the proposal
is consistent with the requirements of Section 6(b)(5) of the Act,\11\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade and to remove impediments to and perfect the
mechanisms of a free and open market and a national market system.
---------------------------------------------------------------------------

    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the proposed change to ISE Rule 303(b)
would increase the maximum number of PMM memberships that an ISE member
could operate from two to three PMM memberships. The provisions of
ISE's Certificate that currently prohibit an ISE member from owning,
directly or indirectly, or voting more than 20% of the outstanding
shares of any class or series of ISE capital stock would not be altered
by this proposal. Rather, in proposed Supplementary Material .02 to ISE
Rule 303, the ISE Board would be prohibited from allowing a member to
operate a third PMM membership if such an arrangement would violate any
ownership and voting limits contained in ISE's Certificate or
Constitution. In essence, the proposal would permit the Board to
approve an ISE member to acquire the trading privileges to operate a
third PMM membership through a leasing arrangement with an unaffiliated
person or entity, where the lessor retains all of the ownership and
voting rights associated with that PMM membership.
    As the Commission has stated previously, a regulatory concern can
arise if a member's interest in an exchange becomes so large as to cast
doubt on whether the exchange can fairly and objectively exercise its
self-regulatory responsibilities with respect to that member.\12\ For
example, a

member that directly or indirectly controls an exchange might be
tempted to exercise that controlling influence by directing the
exchange to refrain from diligently monitoring and surveiling the
member's conduct or diligently enforcing its rules and the federal
securities laws with respect to conduct by the member that violates
such provisions.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006); 51149 (February 8, 2005), 70
FR 7531 (February 14, 2005) (SR-CHX-2004-26); 49718 (May 17, 2004),
69 FR 29611 (May 24, 2004) (SR-PCX-2004-08); 49098 (January 16,
2004), 69 FR 3974 (January 27, 2004) (SR-Phlx-2003-73); and 49067
(January 13, 2004), 69 FR 2761 (January 20, 2004) (SR-BSE-2003-19).
---------------------------------------------------------------------------

    The Commission believes that the proposal would not give rise to
concerns about the Exchange's ability to effectively carry out its
regulatory responsibilities under the Act because the proposed rule
change preserves existing ownership and voting limitations.
    In light of the foregoing, the Commission believes that the
Exchange's proposed rule change is consistent with the requirements of
the Act and the rules and regulations thereunder.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-ISE-2005-46) is
approved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
 [FR Doc. E6-2300 Filed 2-16-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72062-72063]
[DOCID:fr26no08-84]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0597]

Draft Guidance for Industry: Small Entities Compliance Guide for
Renderers--Substances Prohibited From Use in Animal Food or Feed;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry 195, entitled
``Draft Guidance for Industry: Small Entities Compliance Guide for
Renderers--Substances Prohibited From Use in Animal Food or Feed.''
This small entities compliance guide aids renderers in complying with
the requirements of the final rule published in the Federal Register of
April 25, 2008 (73 FR 22720). FDA's goal is to strengthen existing
safeguards to prevent the spread of bovine spongiform encephalopathy
(BSE) in U.S. cattle and to reduce the risk of human exposure to the
BSE agent.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by January 26, 2009.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. Submit written comments on the draft guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
comments to http://www.regulations.gov. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.

FOR FURTHER INFORMATION CONTACT: Shannon Jordre, Division of
Compliance, Center for Veterinary Medicine (HFV-230), Food and Drug
Administration, 7519 Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
195, entitled ``Draft Guidance for Industry: Small Entities
Compliance Guide for Renderers--Substances Prohibited From Use in
Animal Food or Feed.'' In the Federal Register of April 25, 2008 (73 FR
22720), FDA published a final rule entitled ``Substances Prohibited
From Use in Animal Food or Feed.'' This

regulation is designed to further strengthen existing safeguards
against the establishment and amplification of BSE, sometimes referred
to as ``Mad Cow Disease,'' through animal feed. The regulation
prohibits the use of certain cattle origin materials in the food or
feed of all animals.
    FDA has prepared this draft Small Entities Compliance Guide in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act (Public Law 104-121). This document is
intended to provide guidance to small businesses on the requirements of
Title 21, Code of Federal Regulations, new Sec.  589.2001 and amended
Sec.  589.2000.

II. Significance of Guidance

    FDA is issuing this small entities compliance guide as a level 1
draft guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on this topic.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 589.2001 have been approved under
OMB Control Number 0910-0627.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/cvm or http://www.regulations.gov.

    Dated: November 20, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-28189 Filed 11-25-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Page 27326]
[FR Doc No: 2017-12331]

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

Federal Aviation Administration

Commercial Space Transportation Advisory Committee--
Reestablishment

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

ACTION: Announcement of reestablishment of the Commercial Space
Transportation Advisory Committee (COMSTAC).

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SUMMARY: FAA announces the reestablishment of the COMSTAC, a Federal
Advisory Committee that provides information, advice, and
recommendations to the Department of Transportation and the
Administrator of the Federal Aviation Administration (FAA) on the
critical matters facing the U.S. commercial space transportation
industry. This reestablishment will take effect 15 days after the
publication of this announcement, and will expire after 2 years.

FOR FURTHER INFORMATION CONTACT: Di Reimold, COMSTAC Designated Federal
Officer/Executive Director, FAA, Commercial Space Transportation, 800
Independence Avenue SW., Rm. 331, Washington, DC 20591, telephone (202)
267-7635, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463), FAA is giving notice of the
reestablishment the COMSTAC. The primary goals of COMSTAC are to:
Evaluate economic, technological, and institutional developments
relating to the U.S. commercial space transportation industry; provide
a forum for the discussion of problems involving the relationship
between industry activities and government requirements; and make
recommendations to the FAA Administrator on issues and approaches for
Federal policies and programs regarding the industry. COMSTAC
membership consists of senior executives from the commercial space
transportation industry; representatives from the satellite industry,
both manufacturers and users; state and local government officials;
representatives from firms providing insurance, financial investment
and legal services for commercial space activities; and representatives
from academia, space advocacy organizations, and industry associations.
Complete information regarding COMSTAC is available on the FAA Web site
at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC, June 6, 2017.
 George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2017-12331 Filed 6-13-17; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM

TO:  Portland Cement NESHAP Docket

FROM:  Keith Barnett, OAR/OAQPS/SPPD

RE:  Meeting with industry representatives on February 26 2009

	On February 26, 2009 EPA representatives – myself, Peter Tsisigotis
(SPPD Division Director), and Penny Lassiter (SPPD Associate Division
Director) and Steve Silverman (OGC) met with the following industry
representatives:

Curtis Lesslie  Director of Environmental Affairs, Ash Grove Cement Co.

Tom Wood   Stoel Rives LLP   consultant to Ash Grove

Dick Wilson   National Environmental Strategies  consultant to Ash Grove

This meeting was requested by Ash Grove Cement to discuss the impact of
the proposed Portland Cement NESHAP on their facility in Durkee, Oregon.
 They specifically wanted to discuss potential subcategorization of the
source category.  The meeting consisted of a presentation by Ash Grove.
This presentation, prior correspondence, and subsequent correspondence
on this issue are attached for docketing.

Additional meetings on this issue took place on March 13 and 25, 2009.


Development Document For the Final Effluent Limitations Guidelines and Standards for the Metal Products and Machinery Point Source Category 2 Printed on paper containing at least 30% postconsumer recovered fiber.