[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Proposed Rules]
[Pages 54141-54143]
[FR Doc No: 2011-22225]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0913; Directorate Identifier 2011-NM-031-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Model 680
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD would require adding diodes to
the fuel cross-feed wiring, and revising the airplane flight manual to
include procedures to use when the left or right generator is selected
OFF. This proposed AD was prompted by a false cross-feed command to the
right-hand fuel control card, due to the cross-feed inputs on the left-
and right-hand fuel control cards being connected together and causing
an imbalance of fuel between the left and right wing tanks. We are
proposing this AD to prevent lateral imbalance of the airplane, which
can be corrected by deflecting the aileron trim, but which increases
the pilot's workload. Uncontrolled fuel cross-feed results in lateral
imbalance that could exceed the airplane's limitation in a short period
of time. Exceeding the lateral imbalance limit could result in reduced
control of the airplane.

DATES: We must receive comments on this proposed AD by October 17,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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 service information identified in this proposed AD, contact
Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277; telephone
316-517-6215; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.cessnasupport.com/newlogin.html. You may review
copies of the referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Nhien Hoang, Aerospace Engineer,
Electrical Systems and Avionics Branch, ACE-119W, FAA, Wichita Aircraft
Certification Office, 1801 Airport Road, Room 100, Mid-Continent
Airport, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax: (316) 946-
4107; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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-2011-0913;
Directorate Identifier 2011-NM-031-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report that a Model 680 airplane in flight displayed
a DC EMER BUS L amber crew alerting system (CAS) message. Per the
emergency/abnormal procedures checklist, the flightcrew identified a
fault on the left main electrical bus and selected the left generator
to OFF.
    The co-pilot (flying the airplane due to the pilot's primary flight
display being disabled by the left generator OFF, which also disabled
the left fuel quantity indication) observed that an increasing amount
of right aileron control input was required to maintain a wings-level
attitude.
    After the airplane safely landed, investigation showed that the
left tank had 5,500 pounds of fuel (full) and the right tank 3,300
pounds. The flightcrew confirmed it had not selected the fuel cross-
feed during flight. During the 20 minutes that elapsed between
selecting the left generator OFF and landing, sufficient fuel had
migrated from the right to the left tank creating an imbalance of 2,200
pounds. The maximum permissible fuel imbalance for this airplane is 400
pounds.
    Loss of power on the left main electrical bus results in a false
cross-feed command to the right-hand fuel control card, due to the
cross-feed inputs on the left- and right-hand fuel control cards being
connected together, thereby causing an imbalance of fuel between the
left and right wing tanks.

This condition, if not corrected, could result in lateral imbalance of
the airplane, which can be corrected by deflecting the aileron trim,
but which increases the pilot's workload. Uncontrolled fuel cross-feed
results in lateral imbalance that will exceed the airplane's limitation
in a short period of time. Exceeding the lateral imbalance limit could
result in reduced control of the airplane.

Relevant Service Information

    We reviewed Cessna Service Bulletin SB680-24-11, including Service
Bulletin Supplemental Data, dated December 16, 2010, which describes
procedures for adding diodes to the fuel cross-feed wiring. We have
also reviewed Cessna Temporary FAA Approved Airplane Flight Manual
Change 68FM TC-R09-13, dated October 15, 2010, to the Cessna 680
Citation Sovereign Airplane Flight Manual, which introduces procedures
to use when the left or right generator is selected OFF.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of this same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 198 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Installation.......................  4 work-hours x $85 per hour             $40            $380         $75,240
                                      = $340.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

Cessna Aircraft Company: Docket No. FAA-2011-0913; Directorate
Identifier 2011-NM-031-AD.

Comments Due Date

    (a) We must receive comments by October 17, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Cessna Aircraft Company Model 680
airplanes, certificated in any category, serial numbers -0001
through -0289 inclusive, and -0291 through -0296 inclusive.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 24: Electrical power.

Unsafe Condition

    (e) This AD was prompted by a false cross-feed command to the
right-hand fuel control card, due to the cross-feed inputs on the
left- and right-hand fuel control cards being connected together and
causing an imbalance of fuel between the left and right wing tanks.
We are issuing this AD to prevent lateral imbalance of the airplane,
which can be corrected by deflecting the aileron trim, but which
increases the pilot's workload. Uncontrolled fuel cross-feed results
in lateral imbalance that could exceed the airplane's limitation in
a short period of time and result in reduced controllability of the
airplane.

Compliance

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

Installation

    (g) Within 400 flight hours or 12 months after the effective
date of this AD, whichever occurs first: Install a kit, part number
(P/N) SB680-24-11, to the left and right motive flow relays, in
accordance with the Accomplishment Instructions of Cessna Service
Bulletin SB680-24-11, dated December 16, 2010. The kit (P/N SB680-
24-11) contains 2 sleeves, 4 splices, 2 diodes (P/N 1N4006), and
instructions.
    (h) Before further flight after accomplishing the actions
required by paragraph (g) of this AD: Revise the Cessna 680 Citation
Sovereign Airplane Flight Manual (AFM) to include the information in
Cessna Temporary FAA Approved Airplane Flight Manual Change 68FM TC-
R09-13, dated October 15, 2010, and remove the Temporary Changes
(TCs)

identified in table 1 of this AD. Cessna Temporary FAA Approved
Airplane Flight Manual Change 68FM TC-R09-13, dated October 15,
2010, introduces procedures to use when the left or right generator
is selected OFF. Operate the airplane according to the procedures in
Cessna Temporary FAA Approved Airplane Flight Manual Change 68FM TC-
R09-13, dated October 15, 2010.

             Table 1--TCs To Remove From the Cessna 680 AFM
------------------------------------------------------------------------
             Cessna TCs--                           Dated--
------------------------------------------------------------------------
68FM TC-R09-09.......................  October 15, 2010.
68FM TC-R09-10.......................  October 15, 2010.
68FM TC-R09-11.......................  October 15, 2010.
68FM TC-R09-12.......................  October 15, 2010.
------------------------------------------------------------------------

    Note 1: Updating the Cessna 680 Citation Sovereign AFM may be
done by inserting a copy of Cessna Temporary FAA Approved Airplane
Flight Manual Change 68FM TC-R09-13, dated October 15, 2010, into
the AFM. When this TC has been included in general revisions of the
AFM, the general revisions may be inserted in the AFM, provided the
relevant information in the general revision is identical to that in
Cessna Temporary FAA Approved Airplane Flight Manual Change 68FM TC-
R09-13, and this TC may be removed.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Wichita Aircraft Certification Office (ACO),
ACE-115W, 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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (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.

Related Information

    (j) For more information about this AD, contact Nhien Hoang,
Aerospace Engineer, Electrical Systems and Avionics Branch, ACE-
119W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road,
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; phone: (316)
946-4190; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (k) For service information identified in this AD, contact
Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277; telephone
316-517-6215; fax<PHONE_NUMBER>; e mail
<EMAIL_ADDRESS>Internet https://www.cessnasupport.com/newlogin.html. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on August 25, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22225 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Notices]
[Pages 2128-2129]
[FR Doc No: 2020-00345]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1971-079]

Idaho Power Company; Notice of Offer of Settlement

    Take notice that the following offer of settlement has been filed
with the Commission and is available for public inspection.
    a. Type of Application: Offer of Settlement.
    b. Project No.: 1971-079.
    c. Date Filed: December 30, 2019.
    d. Applicant: Idaho Power Company.
    e. Name of Project: Hells Canyon Hydropower Project.
    f. Location: On the Snake River in Washington and Adams, Counties,
Idaho; and Wallowa and Baker Counties, Oregon. The project occupies
federal lands administered by the Forest Service and the Bureau of Land
Management (Payette and Wallowa-Whitman National Forests and Hells
Canyon National Recreational Area).
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Brett Dumas Director, Environmental Affairs,
Idaho Power Company, P.O. Box 70, Boise, Idaho 83707.
    i. FERC Contact: Alan Mitchnick,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Idaho Power Company filed an Offer of Settlement on behalf of
itself and signatories of a Stipulation and Implementation Agreement
(SIA) between Idaho Power; the State of Oregon, by and through the
Office of the Governor, the Oregon Department of Environmental Quality,
and Oregon Department of Fish and Wildlife; and the State of Idaho, by
and through the Office of the Governor, the Idaho Department of
Environmental Quality, and the Idaho Department of Fish and Game
(Parties). The SIA, which became effective on April 22, 2019, resolves,
among other disagreements among the Parties, the disagreement between
the States related to spring Chinook salmon and summer steelhead fish
passage and reintroduction within the context of the Clean Water Act
section 401 certifications.
    Idaho Power, on behalf of the Parties to the SIA, requests that the
Commission issue a new license for the project that incorporates the
proposed license articles set forth in Appendix A of the Offer of
Settlement Explanatory Statement, without material modification. The
conditions involve upstream adult fish collection at Hells Canyon Dam;
Pine Creek placement, monitoring, and juvenile collection program; and
mid-license term fish placement evaluation report and recommendation.
    k. A copy of the Offer of Settlement is available for review 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.
    l. Deadline for filing comments: Comments on the Offer of
Settlement

are due February 6, 2020. Reply comments are due February 26, 2020.
    The Commission strongly encourages electronic filing. Please file
comments 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-1971-079.
    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.

    Dated: January 7, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00345 Filed 1-13-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50867-50868]
[FR Doc No: 2022-17773]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0573]

National Towing Safety Advisory Committee; September 2022 Meeting

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal advisory committee meeting.

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

SUMMARY: The National Towing Safety Advisory Committee (Committee) will
meet to review and discuss matters relating to shallow-draft inland
navigation, coastal waterway navigation, and towing safety. The meeting
will be open to the public.

DATES: Meeting: The Committee will meet on Wednesday, September 21,
2022, from 8 a.m. until 5:00 p.m. Central Daylight Time (CDT). Please
note the meeting may close early if the Committee has completed its
business.
    Comments and supporting documentation: To ensure your comments are
received by Committee members before the meeting, submit your written
comments no later than September 16, 2022.

ADDRESSES: The meeting will be held at the San Jacinto College Maritime
Technology and Training Center located at 3700 Old Highway 146, La
Porte, Texas 77571 (https://www.sanjac.edu/programs-courses/maritime.)
    Attendees at the meeting will be required to follow COVID-19 safety
guidelines promulgated by Centers for Disease Control and Prevention
(CDC), which may include the need to wear masks. CDC guidance on COVID
protocols can be found here: https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance.html.
    The National Towing Safety Advisory Committee is committed to
ensuring all participants have equal access regardless of disability
status. If you require reasonable accommodation due to a disability to
fully participate, please email Mr. Matthew D. Layman at
[email protected] or call at<PHONE_NUMBER> as soon as possible.
    Instructions: You are free to submit comments at any time,
including orally at the meeting as time permits, but if you want
Committee members to review your comment before the meeting, please
submit your comments no later than September 16, 2022. We are
particularly interested in comments on the issues in the ``Agenda''
section below. We encourage you to submit comments through Federal
eRulemaking

Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the
individual in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions. You must include the docket number
[USCG-2022-0573]. Comments received will be posted without alteration
at https://www.regulations.gov including any personal information
provided. You may wish to review the Privacy and Security notice
available on the homepage of https://www.regulations.gov, and DHS's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020). If
you encounter technical difficulties with comment submission, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this notice.
    Docket Search: Documents mentioned in this notice as being
available in the docket, and all public comments, will be in our online
docket at https://www.regulations.gov, and can be viewed by following
that website's instructions. Additionally, if you go to the online
docket and sign-up for email alerts, you will be notified when comments
are posted.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew D. Layman, Designated
Federal Officer of the National Towing Safety Advisory Committee, 2703
Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-7509,
telephone<PHONE_NUMBER>, or [email protected].

SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (5, U.S.C., Appendix). The National
Towing Safety Advisory Committee is authorized by section 601 of the
Frank LoBiondo Coast Guard Authorization Act of 2018, (Pub. L. 115-282,
132 Stat. 4190), and is codified in 46 U.S.C. 15108. The Committee
operates under the provisions of the Federal Advisory Committee Act, (5
U.S.C. Appendix), and 46 U.S.C. 15109. The National Towing Safety
Advisory Committee provides advice and recommendations to the Secretary
of Homeland Security through the Commandant of the U. S. Coast Guard,
on matters related to shallow-draft inland navigation, coastal waterway
navigation, and towing safety.
    Agenda
    The agenda for the National Towing Safety Advisory Committee is as
follows:

I. Opening
    a. Call to Order/DFO Remarks
    b. Committee Chairperson Remarks
    c. Roll Call and Determination of Quorum
    d. U.S. Coast Guard Leadership Remarks
II. Administration
    a. Adoption of Meeting Agenda
    b. Approval of Meeting Minutes for June 14th, 2022 Committee
Meeting
III. Old Business
    a. Update from Subcommittees:
    [cir] Task #21-03, Report On the Anticipated Challenges Expected to
Impact the Towing Vessel Industry
    [cir] Task #21-04, Report on the Challenges Faced by the Towing
Vessel Industry as a Result of the Covid-19 Pandemic
    b. Vetting Subcommittee Update
IV. New Business

a. Committee Planning

V. Information Session

    a. USCG Sector Houston-Galveston Overview
    b. San Jacinto Maritime Technology and Training Center
    c. Towing Vessel National Center of Expertise
    d. Houston Pilots Association
    e. Loan Star Harbor Safety Committee
VI. Committee Discussion
VII. Public Comment Period
VIII. Closing Remarks/Plans for Next Meeting
    IX. Adjournment of Meeting
    A copy of all pre-meeting documentation will be available at
https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/Office-of-Operating-and-Environmental-Standards/vfos/TSAC/ no later than
September 16, 2022. Alternatively, you may contact Mr. Matthew Layman
as noted above in the FOR FURTHER INFORMATION CONTACT section above.
    There will be a public comment period at the end of the meeting.
Speakers are requested to limit their comments to 3 minutes. Please
note that the public comment period may end before the period allotted,
following the last call for comments. Please contact the individual
listed in the FOR FURTHER INFORMATION CONTACT SECTION to register as a
speaker.

    Dated: August 12, 2022.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2022-17773 Filed 8-17-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29964-29966]
[FR Doc No: 2017-13709]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81024; File No. SR-ISE-2017-54]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Non-Priority Customer License Surcharge

June 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 12, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to apply the Non-Priority Customer license
surcharge set forth in Section IV.B of the Schedule of Fees to orders
that are routed to away markets.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to apply the Non-
Priority Customer (i.e., Market Maker,\3\ Non-Nasdaq ISE Market
Maker,\4\ Firm Proprietary \5\/Broker-Dealer,\6\ and Professional
Customer \7\) license surcharge set forth in Section IV.B of the
Schedule of Fees to orders in those licensed products \8\ that are
routed to one or more exchanges in connection with the Options Order
Protection and Locked/Crossed Market Plan (the ``Plan''). The Exchange
initially filed the proposed pricing changes on June 1, 2017 (SR-ISE-
2017-50). On June 12, 2017, the Exchange withdrew that filing and
submitted this filing.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See Rule
100(a)(25).
    \4\ A ``Non-Nasdaq ISE Market Maker'' is a market maker as
defined in Section 3(a)(38) of the Securities Exchange Act of 1934,
as amended, registered in the same options class on another options
exchange.
    \5\ A ``Firm Proprietary'' order is an order submitted by a
member for its own proprietary account.
    \6\ A ``Broker-Dealer'' order is an order submitted by a member
for a broker-dealer account that is not its own proprietary account.
    \7\ A ``Professional Customer'' is a person or entity that is
not a broker/dealer and is not a Priority Customer. A ``Priority
Customer'' is a person or entity that is not a broker/dealer in
securities, and does not place more than 390 orders in listed
options per day on average during a calendar month for its own
beneficial account(s), as defined in ISE Rule 100(a)(37A).
    \8\ The Exchange assesses a license surcharge for NDX and BKX.
BKX, which represents options on the KBW Bank Index (``BKX''), is
currently not traded on the Exchange. NDX represents options on the
Nasdaq-100 Index traded under the symbol NDX (``NDX'').
---------------------------------------------------------------------------

    Today, the Exchange charges Non-Priority Customers route-out fees
for orders in Non-Select Symbols \9\ that are routed to away markets in
connection with the Plan. Specifically as set forth in Section IV.F of
the Schedule of Fees, Non-Priority Customer orders pay a route-out fee
of $0.95 per contract in Non-Select Symbols. The route-out fees offset
costs incurred by the Exchange in connection with using unaffiliated
broker-dealers to access other exchanges for linkage executions. In
addition, as set forth in Section IV.B of the Schedule of Fees, the
Exchange presently charges a $0.25 license surcharge for all Non-
Priority Customer orders in NDX and a $0.10 license surcharge for all
Non-Priority Customer orders in BKX (together, ``License Surcharge'').
This License Surcharge currently applies to all BKX and NDX orders
executed on the Exchange, but is not applied when those orders are
routed to away markets in connection with the Plan. The Exchange
therefore proposes to apply the License Surcharge to such orders,
specifically by adding language in Section IV.B of the Schedule of Fees
that the Non-Priority Customer License Surcharge applies to all
executions in BKX and NDX, including executions of BKX and NDX orders
that are routed to one or more exchanges in connection with the Plan.
For example, all Non-Priority Customer orders in NDX that are routed to
away markets would be assessed a $0.25 per contract License Surcharge
and a $0.95 per contract route-out fee under this proposal.
---------------------------------------------------------------------------

    \9\ ``Non-Select Symbols'' are options overlying all symbols
that are not in the Penny Pilot Program. NDX and BKX are Non-Select
Symbols.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\11\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \12\
---------------------------------------------------------------------------

    \12\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission
\13\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\14\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \15\
---------------------------------------------------------------------------

    \13\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \14\ See NetCoalition, at 534-535.
    \15\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S.

national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . ..'' \16\ Although
the court and the SEC were discussing the cash equities markets, the
Exchange believes that these views apply with equal force to the
options markets.
---------------------------------------------------------------------------

    \16\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to apply the License
Surcharge to Non-Priority Customer orders in licensed products that are
routed to away markets in connection with the Plan is reasonable and
equitable because it offsets both the costs associated with executing
orders on away markets as well as the licensing costs associated with
listing and trading these products. In particular, the Exchange's
route-out fees are presently not calculated to cover the licensing
costs for BKX and NDX. The Exchange notes that a license agreement is
required to trade these products regardless of whether the order is
executed on the Exchange or routed to another exchange in connection
with the Plan. As such, the Exchange believes that extending the
License Surcharge to those orders that are routed to away markets (in
addition to those orders executed on the Exchange) is a reasonable and
equitable means of recovering the costs of the license. Furthermore,
the Exchange must pay the actual transaction fees charged by the
exchange the order is routed to, which includes the license surcharge
that such exchange assesses for those products. The Exchange's route-
out fees are currently not calculated to cover these license surcharges
assessed by other exchanges and therefore seeks to recover these costs
under this proposal. For example, an NDX order that is routed to the
Chicago Board Options Exchange (``CBOE'') in connection with the Plan
would be assessed a $0.25 license surcharge by CBOE on top of the
actual transaction fees that CBOE would charge for the NDX order.\17\
The Exchange's route-out fees are presently assessed as fixed fees,
unlike other exchanges, which, in addition to a fixed route-out fee,
assess the actual transaction fees charged by the exchange the order is
routed to.\18\
---------------------------------------------------------------------------

    \17\ See CBOE's fee schedule, at: https://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
    \18\ See, e.g., MIAX Options Fee Schedule, (1) Transaction Fees,
(c) Fees and Rebates for Customer Orders Routed to Another Options
Exchange, at: https://www.miaxoptions.com/sites/default/files/page-files/MIAX_Options_Fee_Schedule_05012017.pdf.
---------------------------------------------------------------------------

    The Exchange also believes that its proposal is reasonable and
equitable because Non-Priority Customers would be able to avoid paying
the License Surcharge by sending the Exchange orders in these licensed
products to be routed to another market and only pay the Exchange's
route-out fee. The Exchange would, however, still be required to pay
all of the actual transaction fees (including the license surcharge)
charged by the exchange the order is routed to. For example, a Non-
Priority Customer order in NDX that is routed to CBOE today would only
be assessed the $0.95 per contract route-out fee while the Exchange
would pay the $0.25 per contract license surcharge on top of the actual
transaction fees CBOE would charge for the NDX order. The Exchange
therefore believes that it is reasonable and equitable to assess the
License Surcharge to orders in those licensed products which are routed
to other exchanges in order to avoid this scenario.
    Finally, the Exchange believes that the proposed fee change is
equitable and not unfairly discriminatory because the Exchange will
apply the same fee to all similarly situated members. In particular,
the License Surcharge would be applied to all Non-Priority Customer
orders in those licensed products which are routed to away markets in
connection with the Plan. The Exchange believes it is equitable and not
unfairly discriminatory to assess this surcharge on all participants
other than Priority Customers because the Exchange seeks to encourage
Priority Customer order flow and the liquidity such order flow brings
to the marketplace, which in turn benefits all market participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited.
    In this instance, the proposed application of the License Surcharge
to orders that are routed to one or more exchanges in connection with
the Plan does not impose a burden on competition because the Exchange's
execution services are completely voluntary and subject to extensive
competition from other exchanges. If the changes proposed herein are
unattractive to market participants, it is likely that the Exchange
will lose market share as a result. Accordingly, the Exchange does not
believe that its proposal will impair the ability of members to
maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\19\ and Rule 19b-4(f)(2) \20\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \20\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2017-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2017-54. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2017-54 and should be
submitted on or before July 21, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13709 Filed 6-29-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33200-33201]
[FR Doc No: 2020-11660]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0005]

Preparations for the 39th Session of the UN Sub-Committee of
Experts on the Globally Harmonized System of Classification and
Labelling of Chemicals (UNSCEGHS)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of public meetings.

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

SUMMARY: This notice is to advise interested persons that OSHA will
conduct a virtual public meeting in advance of certain international

meetings. The first meeting will be held in advance of the 39th session
of the United Nations Sub-Committee of Experts on the Globally
Harmonized System of Classification and Labelling of Chemicals
(UNSCEGHS) to be held as a virtual symposium in early July 2020, in
Geneva, Switzerland. OSHA, along with the U.S. Interagency Globally
Harmonized System of Classification and Labelling of Chemicals (GHS)
Coordinating Group, plans to consider the comments and information
gathered at this public meeting when developing the U.S. Government
positions for the UNSCEGHS meeting.

DATES: The virtual public meeting will take place approximately two
weeks preceding the international meeting. Specific information for
each meeting will be posted when available on the OSHA website at
https://www.osha.gov/dsg/hazcom/hazcom_international.html#meeting-notice.

ADDRESSES: The meetings will be held virtually hosted through the DOT
Headquarters Conference Center, 1200 New Jersey Avenue SE, Washington,
DC 20590.
    Written Comments: Interested parties may submit comments by July 3,
2020, on the Working and Informal Papers for the 39th sessions of the
UNSCEGHS to the docket established for International/Globally
Harmonized System (GHS) efforts at: http://www.regulations.gov, Docket
No. OSHA-2016-0005.
    Registration To Attend and/or To Participate in the Virtual
Meeting: These meetings will be open to the public on a first-come,
first served basis, as space is limited. Advanced meeting registration
information will be posted on the PHMSA website. DOT is committed to
providing equal access to this meeting for all participants. If you
need alternative formats or services because of a disability, such as
sign language, interpretation, or other ancillary aids, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section.
    Attendees may use the same form to pre-register for both meetings.
Failure to pre-register may delay your access into the DOT Headquarters
conference call line. Conference call-in and ``Skype meeting''
capability will be provided for both meetings. Information on how to
access the conference call and ``Skype meeting'' will be posted when
available at: https://www.phmsa.dot.gov/international-program/international-program-overview under Upcoming Events. This information
will also be posted on OSHA's Hazard Communication website on the
international tab at: https://www.osha.gov/dsg/hazcom/hazcom_international.html#meeting-notice.

FOR FURTHER INFORMATION CONTACT:
    At the Department of Transportation: Please contact Mr. Steven Webb
or Mr. Aaron Wiener, Office of Hazardous Materials Safety, Department
of Transportation, Washington, DC 20590, telephone:<PHONE_NUMBER>.
    At the Department of Labor: Please contact Ms. Maureen Ruskin, OSHA
Directorate of Standards and Guidance, Department of Labor, Washington
DC 20210, telephone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OSHA will conduct a virtual public meeting
in advance of the 39th session of the United Nations Sub-Committee of
Experts on the Globally Harmonized System of Classification and
Labelling of Chemicals (UNSCEGHS) to be held as a virtual symposium in
early July 2020, in Geneva, Switzerland. This virtual meeting will
occur jointly with the Department of Transportation (DOT), Pipeline and
Hazardous Materials Safety Administration (PHMSA) will conduct a public
meeting (see FR Doc. 2020-09076 Filed 4-28-20) to discuss proposals in
preparation for the 57th and 58th sessions of the United Nations Sub-
Committee of Experts on the Transport of Dangerous Goods (UNSCE TDG) to
be held, in Geneva, Switzerland in 2020. Advanced meeting registration
information will be posted on the PHMSA website.
    For information on the Department of Transportation (DOT), Pipeline
and Hazardous Materials Safety Administration (PHMSA) will conduct a
public meeting (see Docket No. PHMSA-2019-0224; Notice No. 2020-02) to
discuss proposals in preparation for the 58th and 59th sessions of the
United Nations Sub-Committee of Experts on the Transport of Dangerous
Goods (UNSCE TDG).
    For each of these meetings, OSHA and PHMSA will solicit public
input on U.S. government positions regarding proposals submitted by
member countries in advance of each meeting.

The OSHA Meeting

    OSHA is hosting an open informal public meeting of the 39th and
40th sessions of the UNSCE GHS will represent the third and fourth
meetings scheduled for the 2019-2020 biennium. Information on the work
of the UNSCEGHS including meeting agendas, working and informal papers,
reports, and documents from previous sessions can be found on the
United Nations Economic Commission for Europe (UNECE) Transport
Division website located at the following web address: http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html.

The PHMSA Meeting

    Additional information regarding the UNSCE TDG and related matters
can be found on PHMSA's website at: https://www.phmsa.dot.gov/international-program/international-program-overview.

Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary for Occupational
Safety and Health, U.S. Department of Labor, authorized the preparation
of this notice under the authority granted by sections 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657), and Secretary's Order 1-2012 (77 FR 3912), (Jan. 25, 2012).

    Signed at Washington, DC.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-11660 Filed 5-29-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Notices]
[Page 58738]
[DOCID:fr07oc05-111]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-3259-EM]

Florida; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Florida (FEMA-3259-EM), dated September 20, 2005, and
related determinations.

EFFECTIVE DATE: September 29, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Florida is hereby amended to include the following area
among those areas determined to have been adversely affected by the
catastrophe declared an emergency by the President in his declaration
of September 20, 2005:

    Monroe County for debris removal [Category A] under the Public
Assistance Program (already designated for emergency protective
measures [Category B] under the Public Assistance Program.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: Sec.  97.030,
Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032,
Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program--Other Needs; 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20285 Filed 10-6-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5813-5814]
[FR Doc No: 2022-02152]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4202-025]

KEI (Maine) Power Management (II) LLC; Notice Soliciting Scoping
Comments

    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.: 4202-025.
    c. Date Filed: September 28, 2021.
    d. Applicant: KEI (Maine) Power Management (II), LLC (KEI Power).
    e. Name of Project: Lowell Tannery Project (project).
    f. Location: On the Passadumkeag River in Penobscot County, Maine.
The project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Lewis C. Loon, KEI (Maine) Power
Management (II), LLC c/o KEI (USA) Power Management Inc., 423 Brunswick
Avenue, Gardiner, ME 04345; Phone at<PHONE_NUMBER>, or email at
[email protected].
    i. FERC Contact: Arash Barsari at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing scoping comments: February 26, 2022.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Lowell Tannery Project (P-4202-025).
    The Commission's Rules of Practice and Procedure 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. The application is not ready for environmental analysis at this
time.
    l. The existing project consists of: (1) A 230-foot-long, 21.5-
foot-high concrete gravity dam that includes the following sections:
(a) A left abutment section; (b) a 30-foot-long primary spillway with
42-inch-high flashboards and a crest elevation of 187.5 feet mean sea
level (msl) at the top of the flashboards; (c) a 30.2-foot-long section
with a seven-foot-wide log sluice and a ten-foot-wide tainter gate; (d)
an 89-foot-long auxiliary spillway with 42-inch-high flashboards and a
crest elevation of 187.5 feet msl at the top of the flashboards; (e) a
22.2-foot-long intake structure with two 15.5-foot-wide, 15.8-foot-
high, angled trashracks with 1.5-inch clear bar spacing; and (f) a
right abutment section; (2) an impoundment with a surface area of
approximately 341 acres at an elevation of 187.5 feet msl; (3) a 69.4-
foot-long, 26.7-foot-wide concrete powerhouse containing a 1,000-
kilowatt vertical Kaplan turbine-generator unit; (4) a tailrace channel
that discharges into the Passadumkeag River; (5) a 2.3/12.5-kilovolt
(kV) step-up transformer and a 200-foot-long, 12.5-kV transmission line
that connects the generator to the local utility distribution

system; and (6) appurtenant facilities. The project creates an
approximately 70-foot-long bypassed reach of the Passadumkeag River.
    As required by Article 19 of the current license, KEI Power
operates the project as a run-of-river (ROR) facility. Downstream fish
passage is provided by a bypass facility located adjacent to the left
side of the intake structure and powerhouse, and consists of a 3.7-
foot-wide log sluice, a 5.1-foot-wide, 5.8-foot-long concrete fish
collection box, and a 69.7-foot-long, 18-inch-diameter fiberglass fish
passage pipe that discharges into a plunge pool next to the tailrace.
Upstream fish passage is provided by a 3-foot-wide Denil fishway
located adjacent to the right side of the intake structure and
powerhouse.
    KEI Power proposes to: (1) Continue operating the project as a ROR
facility; (2) install upstream and downstream eel passage facilities;
(3) install seasonal trashrack overlays with 0.875 inch diameter holes;
(4) modify the discharge location of the existing downstream fish
passage pipe to discharge adjacent to the existing upstream fish
passage entrance; and (5) develop a fishway operation and management
plan.
    The average annual generation of the project was approximately
4,144 megawatt-hours from 2016 through 2020.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at [email protected] or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>.
    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process.
    Commission staff will prepare either an environmental assessment
(EA) or an Environmental Impact Statement (EIS) that describes and
evaluates the probable effects, if any, of the licensee's proposed
action and alternatives. The EA or EIS will consider environmental
impacts and reasonable alternatives to the proposed action. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission prepares an EA or an EIS. At this time, we do
not anticipate holding on-site scoping meetings. Instead, we are
soliciting written comments and suggestions on the preliminary list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 1 (SD1), issued January 27, 2022.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web 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, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: January 27, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02152 Filed 2-1-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86129-86130]
[FR Doc No: 2023-27229]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e) (1) (v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing 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, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
              Docket Nos.                    File date                     Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. ER23-2398-000...................         11-29-2023  FERC Staff \1\
    2. ER23-2398-000...................          12-1-2023  FERC Staff \2\
Exempt:
    1. EL24-3-000......................         11-30-2023  U.S. Congress \3\
----------------------------------------------------------------------------------------------------------------

    Dated: December 5, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-27229 Filed 12-11-23; 8:45 am]
BILLING CODE 6717-01-P


 State SIP Submittal Documents
 South Coast On-Road Heavy-Duty Vehicle Incentive Measure Report, Release Date: February 16, 2018 ("Demonstration").
 South Coast Incentive Measure Errata Sheet, March 19, 2018.
 Additional Information for the South Coast On-Road Heavy-Duty Vehicle Incentive Measure (submitted May 4, 2018).
 Public Meeting Notice, February 16, 2018.
 California Air Resources Board (CARB) Resolution No. 18-3, "South Coast On-Road Heavy Duty Vehicle Incentive Measure," adopted March 22, 2018.
 Board Hearing Transcript, March 22, 2018.
 Comment Log and SoCalGas Letter.
 Comment Letter Received at Board Hearing.
 SIP Completeness Checklist.
 Letter dated May 2, 2018, from Richard W. Corey, Executive Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA Region IX (submitting South Coast On-Road Heavy-Duty Vehicle Incentive Measure).
 Letter dated November 23, 2020, from Richard W. Corey, Executive Officer, CARB, to John W. Busterud, Regional Administrator, EPA Region IX (enclosing CARB, Executive Order S-20-030, "Adoption and Submittal of Technical Clarifications to the South Coast On-Road Heavy-Duty Incentive Measure," adopted November 23, 2020).

 Federal Register Notices
    Note: Federal Register notices published after 1994 are readily available online at www.federalregister.gov. Links to individual notices published after 1994 are included in this index below. Electronic copies of notices published in or before 1994 are included in the docket.

Federal Register Notices Considered for Proposed Rule
 Economic Incentive Program Rules; Final rule. 59 Fed. Reg. 16690 (April 7, 1994).
 National Ambient Air Quality Standards for Ozone; Final rule and guidance. 62 Fed. Reg. 38856 (July 18, 1997).
 Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates; Final rule. 69 Fed. Reg. 23858 (April 30, 2004).
 Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro 8-Hour Ozone Nonattainment Areas; Reclassification; Final rule. 75 Fed. Reg. 24409 (May 5, 2010).
 Approval of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-Hour Ozone Standards; Final rule. 77 Fed. Reg. 12674 (March 1, 2012).
 Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards; Final rule. 77 Fed. Reg. 30088 (May 21, 2012).
 Approval of Air Quality Implementation Plan Revisions; State of California; South Coast VMT Emissions Offset Demonstrations; Final rule. 79 Fed. Reg. 52539 (September 3, 2014).
 Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards; Final rule. 83 Fed. Reg. 25776 (June 4, 2018).

Federal Register Notices Considered for Final Rule
 Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District; Final rule. 75 Fed. Reg 24409 (May 5, 2010).
 Approval and Promulgation of Implementation Plans; California; 2008 San Joaquin Valley PM2.5 Plan and 2007 State Strategy; Final rule. 76 Fed. Reg. 69896 (November 9, 2011).
 Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure To Attain the One-Hour Ozone Standard; Final rule. 76 Fed. Reg. 82133 (December 30, 2011).
 Approval of Air Quality Implementation Plans; California; San Joaquin Valley; Attainment Plan for 1997 8-Hour Ozone Standards; Final rule. 77 Fed. Reg. 12652 (March 1, 2012).
 Approval of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-Hour Ozone Standards; Final rule. 77 Fed. Reg. 12674 (March 1, 2012).
 Approval and Promulgation of Implementations Plans; California Air Resources Board -- In-Use Heavy-Duty Diesel-Fueled Truck and Bus Regulation, and Drayage Truck Regulation; Final rule. 77 Fed. Reg. 20308 (April 4, 2012).
 Approval of Air Quality Implementation Plans; California; South Coast Air Basin; 1-Hour and 8-Hour Ozone Nonattainment Area Requirements; Proposed rule. 84 Fed. Reg. 28132 (June 17, 2019).
 Approval of Air Quality Implementation Plans; California; South Coast Air Basin; 1-Hour and 8-Hour Ozone Nonattainment Area Requirements; Final rule. 84 Fed. Reg. 52005 (October 1, 2019).

 EPA Guidance Documents, Additional Documents Considered for Proposed Rule, and Correspondence
 Environmental Protection Agency (EPA), Region IX, Air Division, "Technical Support Document for EPA's Rulemaking for the California State Implementation Plan, California Air Resources Board Resolution 18-3, South Coast On-Road Heavy-Duty Vehicle Incentive Measure," April 2019.
 Memorandum from Richard D. Wilson, Acting Assistant Administrator, EPA Office of Air and Radiation to EPA Regional Administrators, Regions 1-10, "Guidance on Incorporating Voluntary Mobile Source Emission Reduction Programs in State Implementation Plans (SIPs)," October 24, 1997 ("1997 VMEP").
 EPA, "Improving Air Quality with Economic Incentive Programs," January 2001 (EPA-452/R- 01-001) ("2001 EIP Guidance").
 EPA, "Incorporating Emerging and Voluntary Measure in a State Implementation Plan (SIP)," October 4, 2004 ("2004 Emerging and Voluntary Measures Guidance").
 Memorandum from Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards (OAQPS) and Margo Tsirigotis Oge, Director, EPA Office of Transportation and Air Quality to EPA Air Division Directors, "Guidance on Incorporating Bundled Measures in a State Implementation Plan," August 16, 2005 ("2005 Bundled Measures Guidance").
 EPA, "Roadmap for Incorporating Energy Efficiency/Renewable Energy Policies and Programs into State and Tribal Implementation Plans," July 2012 (EPA-456/D-12-001a) ("2012 EE/RE Guidance").
 EPA, "Diesel Retrofits: Quantifying and Using Their Emission Benefits in SIPs and Conformity: Guidance for State and Local Air and Transportation Agencies," February 2014 (EPA-420-B-14-007) ("2014 Diesel Retrofits Guidance").
 EPA, "Guidance on Enforceability Requirements for Limiting Potential to Emit through SIP and Section 112 Rules and General Permits," January 25, 1995, 5-6.
 Memorandum from J. Craig Potter, Assistant Administrator, EPA Office of Air and Radiation to Thomas L. Adams Jr., Assistant Administrator, EPA Office of Enforcement and Compliance Monitoring, "Review of State Implementations Plans and Revisions for Enforceability and Legal Sufficiency," September 23, 1987 ("Potter Memo").
 CARB, The Carl Moyer Program Guidelines, 2017 Revisions, approved April 27, 2017 ("2017 Carl Moyer Guidelines"), chapters 1, 2, 3, and 4 and appendices B, C, and D.
 South Coast Air Quality Management District (SCAQMD) 2017 Carl Moyer Memorial Air Quality Standards Attainment Program, Program Announcement, Year 19, SCAQMD Program Announcement #PA2017-04.
 Docket Index, Air Plan Approval; California; South Coast Air Quality Management District, CARB Resolution No. 18-3 South Coast On-Road Heavy-Duty Vehicle Incentive Measure.
 Memorandum dated June 28, 2019, from Wienke Tax, EPA Region IX, Air Division, Air Planning Office to Docket ID no. EPA-R09-OAR-2019-0176, Subject: "EPA proposal on South Coast on-road heavy-duty vehicle incentive measure."
 Memorandum dated September 16, 2020, from Rebecca Newhouse, EPA Region IX, Air and Radiation Division, Rules Office to Docket ID nos. EPA-R09-OAR-2019-0176 and EPA-R09-OAR-2020-0079, and attachments, Subject: "Follow-up call re: emissions projections in San Joaquin Valley PM2.5 Plan; EPA questions and recommendations pertaining to Valley Incentive Measure and South Coast Incentive Measure."
 Memorandum dated October 5, 2020, from Rebecca Newhouse, EPA Region IX, Air and Radiation Division, Rules Office to Docket ID nos. EPA-R09-OAR-2019-0176 and EPA-R09-OAR-2020-0079, and attachments. Subject: "Follow-up call re: EPA questions and recommendations pertaining to South Coast Incentive Measure and Valley Incentive Measure."
 Email dated February 13, 2020, from Austin Hicks, CARB, to Rynda Kay, EPA Region IX, Subject: "RE: Follow-up questions on the Valley Incentive Measure."
 Email dated September 15, 2020, from Rebecca Newhouse, EPA Region IX, to Austin Hicks, CARB, Subject: "Follow-up from our 9/10 call," including attachments.
 Email dated October 2, 2020, from Austin Hicks, CARB, to Rebecca Newhouse, EPA Region IX, Subject: "RE: questions on SC Incentive Measure emission reduction calculations."
 Email dated October 13, 2020, from Austin Hicks, CARB, to Rebecca Newhouse, EPA Region IX, Subject: "RE: questions on SC Incentive Measure emission reduction calculations."
 Email dated October 13, 2020, from Austin Hicks, CARB, to Rebecca Newhouse, EPA Region IX, Subject: "Part 1: RE: 9/10 meeting: suggested agenda and request for Carl Moyer drayage project documentation," including attachments.
 Email dated October 13, 2020, from Austin Hicks, CARB, to Rebecca Newhouse, EPA Region IX, Subject: "Part 2: RE: 9/10 meeting: suggested agenda and request for Carl Moyer drayage project documentation," including attachments.
 Email dated November 13, 2020, from Austin Hicks, CARB, to Rebecca Newhouse, EPA Region IX, Subject: "RE: update on timing of submittals."
 Memorandum dated December 2, 2020, from Elizabeth Adams, EPA Region 9, Air and Radiation Division, Air Planning Office to Docket ID no. EPA-R09-OAR-2019-0176, Subject: "CARB's substitute measure commitment."

 Proposed Rule and Technical Support Document
 Air Plan Approval; California; South Coast Air Quality Management District; Proposed rule. 84 Fed. Reg. 17365 (April 25, 2019).
 EPA, Region IX, Air Division, "Technical Support Document for EPA's Rulemaking for the California State Implementation Plan, California Air Resources Board Resolution 18-3, South Coast On-Road Heavy-Duty Vehicle Incentive Measure," April 2019.

 Public Comments
 Anonymous comment received May 28, 2019.
 Comment letter dated and received May 28, 2019, on the EPA's April 25, 2019 proposed rule from Adriano L. Martinez, Earthjustice, to Rynda Kay, EPA.

 Additional Documents Considered for Final Rule

Court Decisions
 Friends of the Earth v. Carey, 535 F.2d 165 (2d Cir. 1976).
 Friends of the Earth v. Carey, 552 F.2d 25 (2d Cir. 1977).
 Beame v. Friends of the Earth, 434 U.S. 902 (1977).
 Bethlehem Steel Corp. v. Gorsuch, 742 F.2d 1028, 1036 (7th Cir. 1984).
 American Lung Ass'n of N.J. v. Kean, 670 F. Supp. 1285 (D.N.J. 1987).
 Natural Resources Defense Council (NRDC), Inc. v. N.Y. State Dept. of Env. Cons., 668 F. Supp. 848 (S.D.N.Y. 1987).
 American Lung Ass'n of N.J. v. Kean, 871 F.2d 319 (3rd Cir. 1989).
 Citizens for a Better Env't v. Deukmejian, 731 F. Supp. 1448 (N.D. Cal. 1990).
 Citizens for a Better Env't v. Deukmejian, 746 F. Supp. 976 (N.D. Cal. 1990).
 Coalition Against Columbus Ctr. v. City of New York, 967 F.2d 764, 769-71 (2d Cir. 1992)
 Cate v. Transcontinental Gas Pipe Line Corp., 904 F. Supp. 526, 530-32 (W.D. Va. 1995)
           Conservation Law Foundation, Inc. v. James Busey et al., 79 F.3d 1250 (1st Cir. 1996).
 Wilder v. Thomas, 854 F.2d 605, 613 (2d Cir. 1998).
 Coalition for Clean Air v. South Coast Air Quality Mgt. Dist., No. CV 97 - 6916 - HLH (C.D. Cal. Aug. 27, 1999).
 NRDC v. EPA, 779 F.3d 1119, 1124 (9th Cir. 2015).
 Committee for a Better Arvin, et al. v. EPA, 786 F.3d 1169 (9th Cir. 2015).

EPA Rulemakings and Guidance Documents
 Memorandum to docket for rulemaking, "State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction," Subject: Statutory, Regulatory, and Policy Context for this Rulemaking, EPA-HQ-OAR-2012-0322 (February 4, 2013).
 Memorandum from Janet McCabe, Deputy Assistant Administrator, EPA Office of Air and Radiation, to Air Division Directors, EPA Regions 1-10, including attachments ("Guidelines to States Agencies for Preparing the Public Notices for State Implementation Plan (SIP) Revisions"), November 22, 2011.
 EPA, "Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations," May 2017. (EPA-454/B-17-002).
 Memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards, to Regional Air Division Directors, Regions I-X, including attachments ("Guidance on Developing Fee Programs Required by Clean Air Act Section 185 for the 1-hour Ozone NAAQS"), January 5, 2010.
 EPA, "Diesel Retrofits and Replacement Projects: Quantifying and Using Their Emission Benefits in SIPs and Conformity: Guidance for State and Local Air and Transportation Agencies," March 2018 (EPA-420-B-18-017) ("2018 Diesel Retrofits Guidance").

Other Documents
 CARB, "EMFAC2014 Volume III  -  Technical Documentation," v.1.0.7, May 12, 2015.
 EPA Region IX, "Technical Support Document, Approval of Air Quality Implementation Plans; California; South Coast Air Basin; 1-Hour and 8-Hour Ozone Nonattainment Area Requirements, Docket: EPA-R09-OAR-2019-0051, Additional Supporting Information for Notice of Proposed Rulemaking," May 22, 2019.
 SCAQMD, 2016 Air Quality Management Plan (AQMP), Chapter 4, "Control Strategy and Implementation," March 2017.
 SCAQMD, 2016 AQMP, Appendix III, "Base and Future Year Emission Inventory," March 2017.
 SCAQMD Rule 317, "Clean Air Act Non-Attainment Fees," as amended February 4, 2011.
 Letter dated March 30, 2020, from Michael Benjamin, CARB, to Amy Zimpfer, EPA Region 9 (transmitting "South Coast On-Road Heavy-Duty Vehicle Incentive Measure (2019 Progress Report)") and enclosures:
 2019 Progress Report
 Appendix A
 Appendix B
 CARB, "Appendix A.3: Completed Moyer Reduced Project Information & Emissions Reductions" (Excel version of Appendix A to 2019 Progress Report). Available at https://ww2.arb.ca.gov/resources/documents/implementation-state-sip-strategy.
 Letter dated September 3, 2020, from Philip Fine, Deputy Executive Officer, SCAQMD to Elizabeth Adams, Director, Air and Radiation Division, EPA Region IX, including attachments (transmitting Rule 317 Section 172(e) Fee Equivalency Account (FEA) Reconciliation Reports).
 Attachment A: Rule 317 172(e) FEA Fee Assessment Year (FAY) 2015 Reconciliation Report for South Coast Air Basic (SOCAB)
 Attachment B: Rule 317 172(e) FEA FAY 2016 Reconciliation Report for SOCAB
 Attachment C: Rule 317 172(e) FEA FAY 2017 Reconciliation Report for SOCAB
 Attachment D: Rule 317 172(e) FEA FAY 2018 Reconciliation Report for SOCAB
 Attachment E: Rule 317 172(e) FEA FAY 2019 Reconciliation Report for SOCAB
 Letter dated February 6, 2020, from Richard W. Corey, Executive Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region IX, including enclosures (transmitting to the EPA on February 18, 2020, "Facility-Based Mobile Source Measures for Commercial Airports," adopted by the SCAQMD on December 6, 2019, and by CARB on February 6, 2020).

 Final Rule, Response to Comments Document, and Supporting Analysis
 Air Plan Approval; California; South Coast Air Quality Management District; Final rule. 86 Fed. Reg. 3820 (January 15, 2021).
 EPA, Region IX, "Response to Comments Document for the EPA's Final Action on the South Coast Incentive Measure," December 2020.
 Memorandum dated November 18, 2020, from Rebecca Newhouse, EPA Region IX, Air and Radiation Division, Rules Office to docket number EPA - R09 - OAR - 2019 - 0176, Subject: "Sample emission reduction calculations for selected Carl Moyer Heavy-Duty On-Road projects."


[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices]
[Page 68629]
[DOCID:fr28de09-80]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0600]

Draft Guidance for Industry on Tobacco Health Document
Submission; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance document entitled ``Tobacco Health
Document Submission.'' The draft guidance is intended to assist persons
making certain document submissions to FDA under the Family Smoking
Prevention and Tobacco Control Act (Tobacco Control Act).

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 22, 2010.

ADDRESSES: Submit written requests for single copies of the draft
guidance document entitled ``Tobacco Health Document Submission'' to
the Center for Tobacco Products, Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850-3229. Send one self-addressed
adhesive label to assist that office in processing your request or
include a fax number to which the draft guidance document may be sent.
    Submit electronic comments to http://www.regulations.gov. Submit
written comments on the guidance to the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Identify comments with the docket number found in
brackets in the heading of this document. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: May Nelson, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 22, 2009, the President signed the Tobacco Control Act
(Public Law 111-31) into law. The Tobacco Control Act amended the
Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 301 et seq.)
by, among other things, adding a new chapter granting FDA important new
authority to regulate the manufacture, marketing, and distribution of
tobacco products to protect the public health generally and to reduce
tobacco use by minors.
    Section 904(a)(4) of the act, as amended by the Tobacco Control
Act, requires each tobacco product manufacturer or importer, or agent
thereof, to submit all documents developed after June 22, 2009, ``* * *
that relate to health, toxicological, behavioral, or physiologic
effects of current or future tobacco products, their constituents
(including smoke constituents), ingredients, components, and
additives.'' Information required under section 904(a)(4) of the act
must be submitted to FDA beginning December 22, 2009. FDA recognizes
the challenges associated with the collection, review, organization,
and production of documents. We also recognize that additional time may
be necessary for the production of documents in a digital format, which
FDA strongly encourages in order to improve the management and
accessibility of submitted documents. Therefore, FDA does not intend to
enforce the December 22, 2009, deadline provided you submit by April
30, 2009, all documents described in section 904(a)(4) of the act
developed between June 23, 2009, and March 31, 2010.

II. Significance of Guidance

    FDA is issuing this draft guidance document 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
``Tobacco Health Document Submission.'' 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 statute and regulations.

III. 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. The draft guidance document and
received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

IV. Paperwork Reduction Act of 1995

    This draft guidance contains proposed collections of information
that are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520).
As required by the PRA, FDA has published an analysis of, among other
information collections, the information collection concerning the
submission of tobacco health documents (74 FR 45219, September 1, 2009,
as corrected by 74 FR 47257, September 15, 2009) and will submit them
for OMB approval.

V. Electronic Access

    An electronic version of the guidance document is available on the
Internet at http://www.regulations.gov and http://www.fda.gov/
TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm.

    Dated: December 22, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-30657 Filed 12-22-09; 8:45 am]

BILLING CODE 4160-01-S


Kathy Kaufman/RTP/USEPA/US

05/01/2008 11:09 AM

To

"Lee, Amanda I."<EMAIL_ADDRESS> cc

Alan Rush/DC/USEPA/US@EPA, "Fraas, Arthur G." <EMAIL_ADDRESS>Bruce Schillo/DC/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA, Eileen Pritchard/DC/USEPA/US@EPA, Joseph-J Dougherty/DC/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA, Mary Henigin/DC/USEPA/US@EPA, Mike Clark/DC/USEPA/US@EPA, "Beck, Nancy" <EMAIL_ADDRESS>Nathalie Simon/DC/USEPA/US@EPA, Nathaniel Jutras/DC/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA, "King, Heidi R."<EMAIL_ADDRESS>Brian Heninger/DC/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA

Subject

markups to RIA chapters 4 and 6

Amanda -- here's our markup to your markups.  I think we're close.   Tag, you're it.

Thanks.

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Page 53247]
[FR Doc No: 2014-21248]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72955; File No. SR-EDGX-2014-05]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Withdrawal of Proposed Rule Change To Adopt a New Order Type Called the
Mid-Point Discretionary Order

September 2, 2014.

    On March 7, 2014, EDGX Exchange, Inc. (``Exchange'' or ``EDGX'')
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 add a new order type called the Mid-Point
Discretionary Order (``MDO'') and to reflect the priority of MDOs. The
proposed rule change was published for comment in the Federal Register
on March 25, 2014.\3\ On May 2, 2014, the Commission extended the time
period in which to either approve or disapprove the proposed rule
change to June 23, 2014.\4\ On June 20, 2014, the Commission instituted
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ The Commission received no comment letters on the
proposed rule change. On August 22, 2014, EDGX withdrew the proposed
rule change (SR-EDGX-2014-05).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 71747 (March 19,
2014), 79 FR 16401.
    \4\ See Securities Exchange Act Release No. 72086 (May 2, 2014),
79 FR 26473 (May 8, 2014).
    \5\ See Securities Exchange Act Release No. 72445 (June 20,
2014), 79 FR 36354 (June 26, 2014).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21248 Filed 9-5-14; 8:45 am]
BILLING CODE 8011-01-P


"Robert Strieter"<EMAIL_ADDRESS> 04/13/2007 12:03 PM

To

Donnalee Jones/RTP/USEPA/US@EPA

cc

Subject

Primary Aluminum Report Request

Donna:

It is my understanding that the residual risk screening analysis for the

Primary Aluminum Production source category is available upon request.

The Aluminum Association would like to obtain the EPA screening analysis

for primary aluminum.  We understand that the analysis will then be made

available in the EPA docket.

We would like to review the report as part of our members efforts to

respond to the ANPRM published in the Federal Register on March 29, 2007

(72 F.R. 14734) concerning facility specific emission profiles for use

in the NESHAP residual risk analysis.

Please let me know if there is anything else I need to do to obtain the

report.

Regards,

Bob Strieter

VP - EHS

The Aluminum Association

<EMAIL_ADDRESS> 703 358-2980

cell<PHONE_NUMBER>

1525 Wilson Blvd

Suite 600

Arlington, VA  22209


[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Proposed Rules]
[Pages 53667-53669]
[FR Doc No: 2014-21578]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0416; Airspace Docket No. 14-ASO-7]

Proposed Establishment of Class D Airspace and Amendment of Class
E Airspace; Selma, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class D airspace and amend
Class E airspace at Selma, AL, to accommodate the new air traffic
control tower at Craig Field Airport. Controlled airspace is necessary
for the safety and management of instrument flight rules (IFR)
operations at the airport.

DATES: 0901 UTC. Comments must be received on or before October 27,
2014. The Director of the Federal Register approves this incorporation
by reference action under title 1, Code of Federal Regulations, part
51, subject to the annual revision of FAA, Order 7400.9 and publication
of conforming amendments.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2014-0416; Airspace Docket No. 14-ASO-7, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 350, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: John Fornito, Airspace Specialist,
Operations Support Group, Eastern Service Center, Air Traffic
Organization, Federal Aviation Administration, P.O. Box 20636, Atlanta,
Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rulemaking by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal. Communications should identify
both docket numbers (FAA docket number. FAA-2014-0416; Airspace Docket
No. 14-ASO-7) and be submitted in triplicate to the Docket Management
System (see ADDRESSES section for address and phone number). You may
also submit comments through the Internet at http://www.regulations.gov. Those wishing the FAA to acknowledge receipt of
their comments on this document must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. The postcard will be date/time stamped and
returned to the commenter. All communications received before the
specified closing date for comments will be considered before taking
action on the proposed rule. The proposal contained in this document
may be changed in light of the comments received. A report summarizing
each substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airtraffic/publications/
airspaceamendments/. Additionally, any person may obtain a
copy of this document by submitting a request to the Federal Aviation
Administration (FAA), Office of Air Traffic Airspace Management, ATA-
400, 800 Independence Avenue SW., Washington, DC 20591, or by calling
(202) 267-8783. Communications must identify both docket numbers for
this document. Persons interested in being placed on a mailing list for
future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-
9677, to request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes the
application procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class D airspace within a
4.5-mile radius of Craig Field Airport, Selma, AL, and amend existing
Class E airspace extending upward from 700 feet above the surface to
within a 7-mile radius of the airport, with a segment from the 7-mile
radius to 12.4 miles southeast of the airport. Controlled airspace is
necessary to support the operation of the new air traffic control
tower, and would enhance the safety and management of IFR operations.
    Class D and E airspace designations are published in Paragraphs
5000 and 6005 respectively, of FAA Order 7400.9X, dated August 7, 2013,
and effective September 15, 2013, which is incorporated by reference in
14 CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part, A, Subpart I, Section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class D and amend Class E
airspace at Craig Field Airport, Selma, AL.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 will continue to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation

Administration Order 7400.9X, Airspace Designations and Reporting
Points, dated August 7, 2013, and effective September 15, 2013, is
amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO AL D Selma, AL [NEW]

Craig Field Airport, AL
    (Lat. 32[deg]20[min]38[sec] N., long. 86[deg]59[min]16[sec] W.)

    That airspace extending upward from the surface up to and
including 2,500 feet MSL within a 4.5-mile radius of Craig Field
Airport. This Class D airspace area is effective during specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.

* * * * *

ASO AL E5 Selma, AL [AMENDED]

Craig Field Airport, AL
    (Lat. 32[deg]20[min]38[sec] N., long. 86[deg]59[min]16[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of. Craig Field Airport, and within 2.6 miles
each side of the 145[deg] bearing from the airport, extending from
the 7-mile radius to 12.4 miles southeast of the airport.

    Issued in College Park, Georgia, on September 2, 2014.
Myron A. Jenkins,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2014-21578 Filed 9-9-14; 8:45 am]
BILLING CODE 4910-13-P