[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Page 62807]
[FR Doc No: 2021-24657]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP22-188-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BP Capacity
Release Filing to be effective 6/1/2021.
    Filed Date: 11/5/21.
    Accession Number: 20211105-5024.
    Comment Date: 5 p.m. ET 11/17/21.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP22-116-001.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Tariff Amendment: Amended Fuel Filing to be effective
12/1/2021.
    Filed Date: 11/4/21.
    Accession Number: 20211104-5171.
    Comment Date: 5 p.m. ET 11/16/21.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-24657 Filed 11-10-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Proposed Rules]
[Pages 2909-2911]
[FR Doc No: 2020-00447]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1074; Product Identifier 2019-NM-191-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100
STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes. This proposed AD was prompted by a determination that
certain main landing gear (MLG) aft pintle pins repaired using a
sulphamate nickel plating have a life limit that is less than the
certified life limit. This proposed AD would require a one-time records
review and a general visual inspection (GVI) of the MLG aft pintle pins
to determine if certain repairs were done, and replacement of certain
MLG aft pintle pins with serviceable MLG aft pintle pins, as specified
in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
Brazilian AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

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

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact National Civil Aviation
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent
Martins, n[ordm] 209, Jardim Esplanada, CEP 12242-431--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
<EMAIL_ADDRESS>internet www.anac.gov.br/en/. You may find this IBR
material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this IBR material at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-1074.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1074; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-1074;
Product Identifier 2019-NM-191-AD'' at the beginning of your comments.
The FAA specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2019-11-07, effective November 18, 2019 (``Brazilian AD
2019-11-07'') (also

referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Embraer S.A.
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; Model
ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL airplanes; and Model ERJ
190-100 STD, -100 LR, -100 ECJ, -100 IGW, -100 SR, -200 STD, -200 LR,
and -200 IGW airplanes. Model ERJ 190-100 SR airplanes are not
certified by the FAA and are not included on the U.S. type certificate
data sheet; this AD, therefore, does not include those airplanes in the
applicability.
    This proposed AD was prompted by a determination that certain MLG
aft pintle pins repaired using a sulphamate nickel plating have a life
limit that is less than the certified life limit. The FAA is proposing
this AD to address failure of the affected MLG aft pintle pins before
reaching the certified life limit, which could result in collapse of
the MLG during takeoff or landing. See the MCAI for additional
background information.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-11-07 describes procedures for a one-time records
review (for documentation of certain repairs) and a GVI of the MLG aft
pintle pins to determine if certain repairs were done (by checking for
certain markings and part numbers), and replacement of certain MLG aft
pintle pins with serviceable MLG aft pintle pins.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in Brazilian AD 2019-11-07 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Union
Aviation Safety Agency (EASA) to develop a process to use certain EASA
ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. The FAA has since coordinated
with other manufacturers and civil aviation authorities (CAAs) to use
this process. As a result, Brazilian AD 2019-11-07 will be incorporated
by reference in the FAA final rule. This proposed AD would, therefore,
require compliance with Brazilian AD 2019-11-07 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this proposed AD. Service
information specified in Brazilian AD 2019-11-07 that is required for
compliance with Brazilian AD 2019-11-07 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-1074 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 659 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................             * $           * $170       * $112,030
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacements specified in this proposed AD.

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Embraer S.A.: Docket No. FAA-2019-1074; Product Identifier 2019-NM-
191-AD.

(a) Comments Due Date

    The FAA must receive comments by March 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Embraer S.A. airplanes identified in
paragraphs (c)(1) through (3), of this AD, certificated in any
category, as identified in Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD 2019-11-07,
effective November 18, 2019 (``Brazilian AD 2019-11-07'').
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes.
    (2) Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes.
    (3) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a determination that certain main
landing gear (MLG) aft pintle pins repaired using a sulphamate
nickel plating have a life limit that is less than the certified
life limit. The FAA is issuing this AD to address failure of the
affected MLG aft pintle pins before reaching the certified life
limit, which could result in collapse of the MLG during takeoff or
landing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Brazilian AD 2019-11-07.

(h) Exceptions to Brazilian AD 2019-11-07

    (1) Where Brazilian AD 2019-11-07 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2019-11-07 does not apply to this AD.
    (3) Where paragraphs (b)(1) through (3) of Brazilian AD 2019-11-
07 specify to carry out an inspection in the airplane technical
document documentation and a general visual inspection (GVI) on
them, this AD requires a one-time records review and a general
visual inspection (GVI) of the MLG aft pintle pins to determine if
certain repairs were done.
    (4) Where paragraphs (b)(1) through (3) of Brazilian AD 2019-11-
07 specify to use a ``new serviceable one,'' for this AD, use a
serviceable MLG aft pintle pin as defined in Brazilian AD 2019-11-
07.

(i) No Requirement for Return of Parts

    Although the service information referenced in Brazilian AD
2019-11-07 specifies to return parts to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(k) Related Information

    (1) For information about Brazilian AD 2019-11-07, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[deg] 209, Jardim Esplanada,
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil;
telephone 55 (12) 3203-6600; email<EMAIL_ADDRESS>internet
www.anac.gov.br/en/. You may find this ANAC AD on the ANAC website
at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may
view this material at the FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1074.
    (2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on January 7, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-00447 Filed 1-16-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52846-52848]
[FR Doc No: 2016-18887]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Number: PR16-63-000.
    Applicants: Black Hills Energy Arkansas, Inc.
    Description: Tariff filing per 284.123(b)(1) + (g): Application for
Approval of New Interruptible Services and Transportation Rates to be
effective 7/1/2016; Filing Type: 1300.
    Filed Date: 7/25/2016.
    Accession Number: 20160725-5199 http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 8/15/16.
    284.123(g) Protests Due: 5 p.m. ET 9/23/16.

    Docket Number: PR16-59-001.
    Applicants: Rocky Mountain Natural Gas LLC.
    Description: Tariff filing per 284.123(b)(1),: Amendment to Revised
Statement of Operating Conditions to be effective 6/16./2016; Filing
Type: 1000.
    Filed Date: 7/29/2016.
    Accession Number:<PHONE_NUMBER>38.
    Comments/Protests Due: 5 p.m. ET 8/19/16.

    Docket Numbers: RP16-1113-000.
    Applicants: Questar Overthrust Pipeline Company.
    Description: Section 4(d) Rate Filing: Non-Conforming TSA No. 5613
to be effective 8/1/2016.
    Filed Date: 7/28/16..
    Accession Number: 20160728-5023
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1114-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Section 4(d) Rate Filing: Negotiated Rates--August
2016 Chevron TEAM 2014 Releases to be effective 8/1/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5025.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1115-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Section 4(d) Rate Filing: Clean-Up Filing--July 2016
to be effective 8/29/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5031.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1116-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Section 4(d) Rate Filing: 2016 Negotiated Rate
Agreements to be effective 7/29/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5036.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1117-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Section 4(d) Rate Filing: RAM 2016--Periodic RAM
Adjustment to be effective 9/1/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5046.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1118-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Section 4(d) Rate Filing: SNG Housekeeping Filing to
be effective 8/1/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5054.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1119-000.
    Applicants: Equitrans, L.P.
    Description: Compliance filing GSS Storage Ratchet and Maximum
Storage Balance Update.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5064.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1120-000.
    Applicants: Big Sandy Pipeline, LLC.

    Description: Section 4(d) Rate Filing: Big Sandy Fuel Filing
effective 9-1-2016 to be effective 9/1/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5089.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1121-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Section 4(d) Rate Filing: Negotiated Rate Agreement
Update (APS August 2016) to be effective 8/1/2016.
    Filed Date: 7/28/16.
    Accession Number: 20160728-5097.
    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: RP16-1122-000.
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Section 4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Aug 2016 to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5000.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1123-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Section 4(d) Rate Filing: Negotiated Rate Filing-
Mercuria Energy America to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5001.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1124-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Section 4(d) Rate Filing: 2016 Negotiated IT Rate
Agreement--Oasis to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5050.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1125-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Section 4(d) Rate Filing: Fuel and L&U Filing to be
effective 9/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5077.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1126-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) Rate Filing: 07/29/16. Negotiated Rates--
Mercuria Energy America, Inc.(RTS) 7540-02,-06,-07 to be effective 8/1/
2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5079.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1127-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Sempra 46193 to Sempra 46777) to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5080.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1128-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmt (BG
41007 to Shell 46814) to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5082.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1129-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Encana 37663 to Texla 46816, ConocoPhillips 46830)) to be effective 6/
6/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5083.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1130-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Amendment to Neg Rate Agmt
(QEP 36601-58) to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5084.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1131-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Neg Rate Agmt (Shell 46809)
to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5085.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1132-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Section 4(d) Rate Filing: EEC Housekeeping Filing to
be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5097.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1133-000.
    Applicants: MoGas Pipeline LLC.
    Description: Penalty Revenue Crediting Report of MoGas Pipeline
LLC.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5098.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1134-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing Gulf Markets Compliance Filing--
Docket No. CP15-90-000 to be effective 10/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5229.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1135-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: Great Lakes Gas Transmission submits its Semi-Annual
Transporter's Use Report.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5273.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-1136-000.
    Applicants: Bluewater Gas Storage, LLC.
    Description: Section 4(d) Rate Filing: Bluewater Gas Storage, LLC--
Proposed Revisions to FERC Gas Tariff to be effective 8/31/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5065.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1137-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: Compliance filing Compliance to RP16-299--Settlement
Rates to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5070.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1138-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--BBPC
Release to EDF contract 791902 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5092.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1139-000.
    Applicants: Boardwalk Storage Company, LLC.
    Description: Tariff Cancellation: Cancellation of Second Revised
Volume No. 1 to be effective 9/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5098.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1140-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Section 4(d) Rate Filing: Shell Negotiated Rate to be
effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5100.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1141-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--BBPC
Release to EDF contract 791914 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5101.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1142-000.
    Applicants: Boardwalk Storage Company, LLC.

    Description: Section 4(d) Rate Filing: Tariff Reorganization--
Submission of Third Revised Volume No. 1 to be effective 9/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5103.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1143-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta 8438 to various eff 8-1-16) to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5104.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1144-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Cap Rel Neg Rate Agmt (PH
41455 to Texla 46867) to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5106.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1145-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--BUG
Release to Aggressive contract 791861 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5109.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1146-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--BUG
Release to Browns contract 791913 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5114.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1147-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--Con Ed
Release to Enhanced Energy contract 791915 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5117.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1148-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--ConEd
Release to Aggressive contract 791859 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5121.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1149-000.
    Applicants: Equitrans, L.P.
    Description: Section 4(d) Rate Filing: Negotiated Capacity Release
Agreements--8/1/2016 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5124.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1150-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--KeySpan
Release to Aggressive contract 791860 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5126.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1151-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--Keyspan
Release to Brown's contract 791912 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5136.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1152-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Negotiated Rates--RATIO
ENERGY contract 791920 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5140.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1153-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: Superseding Non-conforming
Agmt (Mercuria 34366) to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5163.
    Comments Due: 5 p.m. ET 8/15/16.

    Docket Numbers: RP16-1154-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Section 4(d) Rate Filing: Negotiated Rate Filing to
Amend WRB #3808 8_1_16 to be effective 8/1/2016.
    Filed Date: 8/1/16.
    Accession Number: 20160801-5199.
    Comments Due: 5 p.m. ET 8/15/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP16-440-000.
    Applicants: ANR Pipeline Company.
    Description: Motion Filing: Motion to Place in Effect RP16-440-000
to be effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5092.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-440-004.
    Applicants: ANR Pipeline Company.
    Description: Compliance filing Compliance to RP16-440-000 to be
effective 8/1/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5096.
    Comments Due: 5 p.m. ET 8/10/16.

    Docket Numbers: RP16-748-002.
    Applicants: Gulf Shore Energy Partners, LP.
    Description: Compliance filing Gulfshore Amendment Filing. to be
effective 7/29/2016.
    Filed Date: 7/29/16.
    Accession Number: 20160729-5133.
    Comments Due: 5 p.m. ET 8/10/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18887 Filed 8-9-16; 8:45 am]
 BILLING CODE 6717-01-P


centers, present investor protection or other concerns? How are call
center employees supervised? How are call center employees trained
on applicable federal securities law and legal documents that may
govern or affect the issuer, for example policies and procedures of
the issuer and, for certain types of issuers, prospectus
limitations? Are risks greater if these securityholder services are
conducted by offshore call centers?
    148. Should the Commission impose additional recordkeeping,
processing, and transfer rules on outside entities retained by
transfer agents to address concerns that third-party firms may pose
a risk to investors and the National C&S System? If so, should those
rules apply to foreign firms that are engaged in services for U.S.
issuers? Why or why not?
    149. As noted, both Reg SDR and Reg SBSR may permit, in certain
circumstances, substituted compliance for foreign participants and
registrants. Should the Commission take a similar approach to
regulating non-U.S. transfer agents? Why or why not?

G. Additional Request for Comment

    We are also interested in more generalized concerns related to
transfer agents and any other issues that commenters may wish to
address relating to transfer agents. For example, we seek comment on
how the role of transfer agents may continue to evolve, and what
regulatory challenges these changes may pose. Please be as specific as
possible in your discussion and analysis of any additional issues. In
connection with comments, we also welcome comments that respond to
requests for comment or of their own accord, and/or suggest specific
amendments or new additions to the transfer agent rules including draft
rule text. We also request commenters to provide any specific, detailed
data and information related to potential or actual costs and benefits
associated with any of the suggested reforms, changes, or amendments
discussed throughout this release. Accordingly, the Commission seeks
comment on the following:

    150. Do the transfer agent rules accomplish the Commission's
regulatory objectives of protecting investors, promoting the prompt
and accurate clearance and settlement of securities transactions,
and evaluating transfer agents' ability to perform their functions
properly? Why or why not? Please provide a full explanation.
    151. Do the current transfer agent rules adequately address the
interests of issuers? If not, in what ways do they not address
issuers' interests and should they? Why and in what way?
    152. Do the current transfer agent rules adequately address the
interests of other market participants? If not, in what ways do they
not address those interests and should they? Why and in what way?
    153. Some of the original transfer agent rules established
metrics-based performance standards designed to measure the transfer
and processing of paper certificates. Given the prevalence of
electronic transactions, do those metrics-based performance
standards adequately address transfer agents' operational
capabilities, which now largely depend on systems and technology
that did not exist when the original rules were adopted in 1977?
Should the Commission rely on a different or additional approach to

regulating transfer agents, such as a risk-based approach focused on
the risks associated with specific activities or conduct? Please
provide a full explanation.
    154. In what ways do the activities performed and services
provided by transfer agents differ depending on the type of issuer,
asset class, product category, market segment, or other factors the
transfer agent is servicing? For example, are there differences in
activities, services, or other areas between issuers that act as
their own transfer agent and independent transfer agents? If so,
what are those differences? Do a transfer agent's processes differ
if the transfer agent is servicing debt securities instead of equity
securities? If a transfer agent primarily services debt securities,
do the transfer agent's processes differ depending on the specific
type of debt security being serviced (e.g., corporate, asset-backed,
etc.)? Are there differences in services provided, compensation
arrangements, or other areas between or among different types of
transfer agents? If so, what factors influence or affect those
differences? Do transfer agents tend to service one type of issuer,
asset class, or market segment to the exclusion of others? If so,
what factors influence that focus and why? Please explain.
    155. Do commenters believe that transfer agent servicing of debt
securities raises different issues or concerns than those raised by
servicing of equity securities? Do commenters believe there are
specific risks or issues related to transfer agents' servicing of
debt issues that are not addressed by existing Commission transfer
agent rules? Are there differences in agreements that equity
transfer agents enter into with issuers as compared to transfer
agency agreements between debt transfer agents and issuers,
including differences in services to be provided, methods of
compensation, or any other topics?
    156. Should the Commission propose different rules for different
types of transfer agents depending on the particular issuer type,
asset class, or market segment serviced by the transfer agent? Why
or why not?
    157. What fees do transfer agents assess with respect to
processing DRS instructions? How and to whom are such fees assessed?
Do commenters believe the Commission should consider regulating such
fees in some manner? If so, why and how? Please explain.
    158. Do transfer agent fees vary, depending upon the asset class
of the security serviced by the transfer agent? If so, how do they
vary? To what extent does competition among transfer agents
constrain such fees, and what is the evidence? Should the Commission
require that any such fees be fair and reasonable? Why or why not?
Please provide a full explanation.
    159. To what extent are co-transfer agents used in securities
processing today? Should the Commission amend its rules with respect
to co-transfer agents?
    160. What, if any, are the problems in the marketplace today
with respect to the role of transfer agents and corporate actions?
Should the Commission propose rules governing transfer agent
services provided in connection with corporate actions? Why or why
not? If so, which types of services provided in connection with
corporate actions should the Commission consider regulating?
    161. Should the Commission propose rules requiring standardized
corporate actions processing as a method to facilitate
communications among market participants? Why or why not? If so,
what are the primary market issues that such a standardization
program is likely to address? Would there be any market issues that
such a standardized program would not be able to address? Please
explain.
    162. What, if any, are the risks posed by transfer agents' role
when they serve as: (i) Tender agent; (ii) subscription agent; (iii)
conversion agent; or (iv) escrow agent? Do commenters believe rules
governing transfer agent services provided in connection with these
services would be appropriate? Why or why not? If so, what
regulatory action should the Commission consider to address those
concerns and why?
    163. Do commenters believe there are any concerns that might
arise from regulation of the proxy tabulation process generally and
the transfer agents' role in the proxy process in particular? If so,
what regulatory action, if any, should the Commission consider to
address those concerns and why?
    164. Is the role that transfer agents play in the proxy process
useful for efficient, accurate, and timely communications between
issuers and their securityholders? In light of comments previously
received by the Commission in connection with its concept release
concerning the proxy process, are there additional concerns
regarding consolidation in the market? If so, please describe any
such concerns.
    165. In connection with considerations of transfer agents' role
within the National C&S System, do commenters believe the creation
of an SRO for transfer agents would be useful or appropriate? Why or
why not? If so, what should the scope of the purview of such an SRO
be, and what should the SRO be tasked with? Please explain.
    166. Do commenters believe the introduction of certain
alternatives to the current central securities depository model,
such as a modified transfer agent depository, could be beneficial to
issuers, securityholders, and/or the National C&S System? Why or why
not? Could it co-exist with the current central depository system?
Why or why not? What would such a modified depository entail or look
like?
    167. Some observers have commented that current DTC
requirements, such as those related to DRS and FAST, operate as so-
called de facto regulation of transfer agents by DTC.\566\ Is this
accurate? If so, do such DTC requirements create inconsistencies
and/or conflicts for transfer agents to comply with all rules and
requirements? Why or why not? If yes, please describe the
inconsistencies and/or conflicts. Should the Commission adopt any of
DTC's current requirements or standards that apply to transfer
agents who conduct business with DTC as rules? Why or why not? If
so, what requirements or standards should be considered, and why?
---------------------------------------------------------------------------

    \566\ See Securities Exchange Act Release No. 60196 (June 30,
2009), 74 FR 33496 (File No. SR-DTC-2006-16) (specifically, comment
letter from Martin (Jay) J. McHale, President, U.S. Equity Services,
Computershare, Mar. 20, 2008; comment letter from Charles V. Rossi,
President, Securities Transfer Association, June 22, 2007; comment
letter from Gary N. Nazare, Managing Director, Transfer Agency
Services, The Bank of New York, June 29, 2007).
---------------------------------------------------------------------------

    168. Should the Commission propose any other amendments to the
transfer agent rules that are not discussed above? If so, please
describe what amendments should be considered and why, including any
information on the benefits, risks, and/or burdens of any suggested
approach.
    169. How might the transfer agent industry continue to evolve in
the future, and what challenges might that evolution pose for the
regulatory structure? What regulatory issues and other challenges
are posed by the industry's increasing concentration and
specialization? What does the decline in the number of registered
securityholders mean for the industry, and for the regulatory
regime? Do commenters believe that, as dematerialization progresses,
the role of transfer agents to operating companies will change? If
so, will it converge with that of Mutual Fund Transfer Agents? If
so, what are the possible implications of this?
    170. Are there any other issues that commenters may wish to
address relating to transfer agents? Please provide a full
explanation.

    By the Commission.
    December 22, 2015.
Brent Fields,
Secretary.
[FR Doc. 2015-32755 Filed 12-30-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Page 36212]
[FR Doc No: 2021-14553]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0208; Airspace Docket No. 21-ANM-5]
RIN 2120-AA66

Amendment of Class E Airspace; Missoula, MT; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The Federal Aviation Administration (FAA) is correcting a
final rule that appeared in the Federal Register on June 16, 2021. The
rule modified the Class E airspace extending upward from 1,200 feet
above the surface at Missoula International Airport, Missoula, MT. The
Final Rule inadvertently used the word ``about'' instead of ``above''
when describing the airspace area. This action corrects the legal
description for the Class E airspace extending upward from 1,200 feet
above the surface.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (86 FR
31907; June 16, 2021) for Docket FAA-2021-0208 amending the Class E
airspace extending upward from 1,200 feet above the surface at Missoula
International Airport, Missoula, MT. Subsequent to publication, the FAA
identified an error in the wording used to describe this Class E
airspace area. This action corrects that error.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, Amendment
of the Class E Airspace; Missoula, MT, published in the Federal
Register of June 16, 2021 (86 FR 31907), FR Doc. 2021-12662, is
corrected as follows:

Sec.  71.1   [Corrected]

0
1. On page 31908, in the third column, beginning with line 35, the
legal description for ANM MT E5 is corrected to read:

ANM MT E5 Missoula, MT [Amended]

Missoula International Airport, MT

    (Lat. 46[deg]54'59'' N, long. 114[deg]05'26'' W)

    That airspace extending upward from 700 feet above the surface
within 3.5 miles each side of the 311[deg] bearing extending from
the Class D 4.4-mile radius to 22.3 miles northwest of the airport,
and 1.6 miles west and 4.3 miles east of the 179[deg] bearing
extending from the Class D 4.4-mile radius to 15.2 miles south of
the airport, and that airspace extending upward from 1,200 feet
above the surface within a 46-mile radius of the Missoula
International Airport.

    Issued in Des Moines, Washington, on July 1, 2021.
B.G. Chew,
Acting Group Manager, Western Service Center, Operations Support Group.
[FR Doc. 2021-14553 Filed 7-8-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52534-52535]
[DOCID:fr26au10-62]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0213]

Su Van Ho: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the act) debarring Su
Van Ho for a period of 15 years from importing articles of food or
offering such articles for importation into the United States. FDA
bases this order on a finding that Mr. Ho was convicted of three
felonies under Federal law for conduct relating to the importation into
the United States of an article of food. Mr. Ho was given notice of the
proposed debarment and an opportunity to request a hearing within the
timeframe prescribed by regulation. As of July 15, 2010, Mr. Ho failed
to respond. Mr. Ho's failure to respond constitutes a waiver of his
right to a hearing concerning this action.

DATES:  This order is effective August 26, 2010.

ADDRESSES:  Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Kenny Shade, Division of Compliance
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs,
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,
240-632-6844.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the act (21 U.S.C. 335a(b)(1)(C)) permits
FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the act (21 U.S.C.
335a(b)(3)(A)), that the individual has been convicted of a felony for
conduct relating to the importation into the United States of any food.
    On August 4, 2009, the United States District Court for the Central
District of California accepted Mr. Ho's guilty plea and entered
judgment against him for the offenses of: Smuggling, Causing an Act to
be Done in violation of 18 U.S.C. 545, Concealing a Material Fact by
Trick or Device in violation of 18 U.S.C. 1001(a)(1) and Receipt of an
Adulterated Food and Delivery Thereof for Pay in violation of 21 U.S.C.
331(c), 333(a)(1), and 342(a)(3).
    FDA's finding that debarment is appropriate is based on the three
felony convictions referenced herein for conduct relating to the
importation into the United States of any food. The factual basis for
those convictions is as follows: Between at least January 1, 2003,
through September 16, 2004, Mr. Ho owned and operated VincentSeafood
and Trading, a frozen seafood import and distribution business. On or
about August 20, 2004, in violation of 18 U.S.C. 545 and 2(b), Mr. Ho
knowingly and willfully, with the intent to defraud the United States,
did pass and cause to be passed through the customshouse a fraudulent
commercial invoice that falsely described 610 cartons of Frozen Silk
Worm as ``Frozen Dade'' fish and 461 cartons of Pineapple Brand Betel
Nut as ``Frozen Palmnut.''
    On or about September 16, 2004, in violation of 18 U.S.C.
1001(a)(1), Mr. Ho knowingly and willfully concealed and covered up by
trick, scheme, or device a material fact. Specifically, he was ordered
by FDA to export or destroy 118 cartons of frozen Featherback fish from
import shipment N08-0026008-0 that contained Salmonella bacteria, with
verification of such exportation or destruction by FDA. Mr. Ho
concealed and covered up the material fact that he had improperly sold
103 cartons of the contaminated Featherback fish from import shipment
N08-0026008-0 by a trick, scheme, or device in which he substituted 103
cartons of Featherback fish from other, unrelated import shipments and
presented the substitute cartons of fish to FDA for verified
exportation or destruction as the contaminated fish from import
shipment N08-0026008-0.
    Between on or about January 17, 2004, and September 16, 2004, in
violation of 21 U.S.C. 331(c), 333(a)(1), and 342(a)(3), Mr. Ho
received in interstate commerce and delivered in exchange for payment
an adulterated food, namely, frozen Featherback fish from import
shipment N08-0026008-0 that was contaminated with Salmonella bacteria.
    As a result of his conviction, on June 10, 2010, FDA sent Mr. Ho a
notice by certified mail proposing to debar him for a period of 15
years from importing articles of food or offering such articles for
import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the act that Mr. Ho was convicted of
three felonies under Federal law for conduct relating to the
importation into the United States of an article of food, and a
determination, after consideration of the factors set forth in section
306(c)(3) of the act (21 U.S.C. 335a(c)(3)), that the full periods of
debarment shall run consecutively as provided by section
306(c)(2)(A)(iii) of the act (21 U.S.C. 335a(c)(2)(A)(iii)). The
proposal also offered Mr. Ho an opportunity to request a hearing,
providing him 30 days from the date of receipt of the letter in which
to file the request, and advised him that failure to request a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Mr. Ho failed to respond within the
timeframe prescribed by regulation and has, therefore, waived his
opportunity for a hearing and waived any contentions concerning his
debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(1)(C) of the act, and under
authority delegated to the Director (Staff Manual Guide 1410.35), finds
that Mr. Su Van Ho has been convicted of three felonies under Federal
law for conduct relating to the importation of an article of food into
the United States and that the full periods of debarment shall run
consecutively under section 306(c)(2) of the act (21 U.S.C.
335a(c)(2)).
    As a result of the foregoing finding, Mr. Ho is debarred for a
period of 15 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Mr. Ho is a
prohibited act.
    Any application by Mr. Ho for termination of debarment under
section 306(d)(1) of the act should be identified with Docket No. FDA-
2010-N-0213 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: August 12, 2010.
Howard R. Sklamberg,
Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2010-21258 Filed 8-25-10; 8:45 am]
BILLING CODE 4160-01-S