[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60838-60840]
[FR Doc No: 2021-24061]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-0775]

Content of Premarket Submissions for Device Software Functions;
Draft Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Content of Premarket
Submissions for Device Software Functions.'' This guidance document is
intended to provide information regarding the recommended documentation
sponsors should include in premarket submissions for FDA's evaluation
of the safety and effectiveness of device software functions, which are
functions that meet the definition of a device under the Federal Food,
Drug, and Cosmetic Act (FD&C Act). When final, this document will
replace FDA's ``Guidance for the Content of Premarket Submissions for
Software Contained in Medical Devices'' issued on May 11, 2005, and it
will update FDA's thinking related to the documentation FDA recommends
sponsors include for the review of device software functions in
premarket submissions. This draft guidance is not final nor is it in
effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by February 2, 2022 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-D-0775 for ``Content of Premarket Submissions for Device
Software Functions.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Content of Premarket Submissions for Device Software Functions'' to
the Office of Policy, Guidance and Policy Development, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002;
or the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research (CBER), Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist that office in
processing your request.

FOR FURTHER INFORMATION CONTACT: Bakul Patel, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5458, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
or Stephen Ripley, Center for Biologics Evaluation and Research, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of this draft guidance is to describe FDA's thinking on
the recommended documentation sponsors should include in premarket
submissions for FDA's evaluation of the safety and effectiveness of
device software functions. This thinking recognizes recent changes to
the Federal Food, Drug, and Cosmetic Act (FD&C Act) made by the 21st
Century Cures Act (Pub. L. 114-255), which amended section 520 of the
FD&C Act (21 U.S.C. 360) and excludes certain software functions from
the device definition. It also considers the rapidly evolving nature of
digital health and recent FDA-recognized consensus standards related to
software.

    This draft guidance identifies the software information generally
necessary for evaluating the safety and effectiveness of a device in a
premarket submission. The recommendations in this draft guidance also
may help facilitate FDA's premarket review. This draft guidance
describes information that typically would be generated and documented
during software development, verification, and design validation. The
least burdensome approach was applied to identify the minimum amount of
information that, based on our experience, would generally be needed to
support a premarket submission for a device that uses software. During
premarket review, FDA may request additional information that is needed
to evaluate the submission.
    When final, this document will replace FDA's ``Guidance for the
Content of Premarket Submissions for Software Contained in Medical
Devices'' issued on May 11, 2005, and it will update FDA's thinking
related to the documentation recommended for the review of device
software functions in premarket submissions.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Content of
Premarket Submissions for Device Software Functions.'' It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov, https://www.fda.gov/regulatory-information/search-fda-guidance-documents or https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances. Persons unable to download
an electronic copy of ``Content of Premarket Submissions for Device
Software Functions'' may send an email request to [email protected] to receive an electronic copy of the document.
Please use the document number 337 and complete title to identify the
guidance you are requesting.

III. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in the following FDA regulations, guidance, and forms
have been approved by OMB as listed in the following table:

------------------------------------------------------------------------
21 CFR part; guidance; or FDA                               OMB control
             form                        Topic                  No.
------------------------------------------------------------------------
807, subpart E...............  Premarket notification...       0910-0120
814, subparts A through E....  Premarket approval.......       0910-0231
814, subpart H...............  Humanitarian Device             0910-0332
                                Exemption.
812..........................  Investigational Device          0910-0078
                                Exemption.
``De Novo Classification       De Novo classification          0910-0844
 Process (Evaluation of         process.
 Automatic Class III
 Designation)''.
800, 801, and 809............  Medical Device Labeling         0910-0485
                                Regulations.
820..........................  Current Good                    0910-0073
                                Manufacturing Practice
                                (CGMP); Quality System
                                (QS) Regulation.
------------------------------------------------------------------------

    Dated: October 29, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-24061 Filed 11-3-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24855-24856]
[FR Doc No: 2021-09833]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-71-000]

Macquarie Energy LLC v. PacifiCorp; Notice of Complaint

    Take notice that on May 3, 2021, pursuant to section 206 of the
Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206 (2020), Macquarie Energy LLC (Complainant) filed a
formal complaint against PacifiCorp (Respondent), alleging that the
Respondent has violated Commission regulations and Orders 888, 889, and
890 et seq. by refusing transmission service to Macquarie, all as more
fully explained in its complaint.
    The Complainant certify that copies of the complaint were served on
the contacts listed for Respondent in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date.

The Respondent's answer, motions to intervene, and protests must be
served on the Complainant.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street, NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 24, 2021.

    Dated: May 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-09833 Filed 5-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Pages 2778-2779]
[FR Doc No: 2015-00706]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Application for Special Permits

AGENCY: Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration, (PHMSA), DOT.

ACTION: List of Applications for Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before February 19, 2015.
    Address Comments To: Record Center, Pipeline and Hazardous

Materials Safety Administration U.S. Department of Transportation
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on January 8, 2015.
Donald Burger,
Chief, General Approvals and Permits.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                         Regulations(s)       Nature of special
       Application No.            Docket No.          Applicant             affected           permits thereof
----------------------------------------------------------------------------------------------------------------
16348-N......................  ...............  Premier Filling       49 CFR                To authorize the
                                                 Company, Inc.         173.306(a)(3)(v).     transportation in
                                                 Hoffman Estates, IL.                        commerce of
                                                                                Division 2.2
                                                                                hazardous materials
                                                                                in certain DOT
                                                                                specification 2Q
                                                                                non-refillable
                                                                                inner containers
                                                                                which have been
                                                                                tested by an
                                                                                alternative method
                                                                                in lieu of the hot
                                                                                water bath test.
                                                                                (mode 1).
16350-N......................  ...............  Arc Process, Inc.     49 CFR 173.181(a),    To authorize the
                                                 Austin, TX.           173.187(g).           manufacture, mark,
                                                                                sale and use of a
                                                                                non-DOT
                                                                                specification
                                                                                cylinder conforming
                                                                                in partwith DOT
                                                                                specification 4B.
                                                                                (modes 1, 2, 3).
16351-N......................  ...............  VSL B.V. Thijsseweg,  49 CFR 173.302(a)...  To authorize the
                                                 The Netherlands.                            transportation in
                                                                                commerce of certain
                                                                                Division 2.1 and
                                                                                2.2 hazardous
                                                                                materials in non-
                                                                                DOT specification
                                                                                cylinders
                                                                                conforming to the
                                                                                TPED (Directive
                                                                                2010/35/EC)
                                                                                specification.
                                                                                (modes 1, 4, 5).
16353-N......................  ...............  Candle Lamp Company,  49 CFR                To authorize the
                                                 LLC Corona, CA.       173.304a(a)(1),       transportation in
                                                                       173.304a(d)(3)(ii).   commerce of a
                                                                                Division 2.1
                                                                                hazardous material
                                                                                in non-refillable
                                                                                non-DOT
                                                                                specification
                                                                                inside containers
                                                                                conforming with DOT
                                                                                Specification 2P
                                                                                except for size and
                                                                                testing
                                                                                requirements.
                                                                                (modes 1, 2, 3, 4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-00706 Filed 1-16-15; 8:45 am]
BILLING CODE M


[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81090-81091]
[FR Doc No: 2016-27618]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2593-031; 2823-020]

Algonquin Power (Beaver Falls), LLC; Notice of Scoping Meetings
and Environmental Site Review and Soliciting Scoping Comments

    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection:
    a. Type of Application: Subsequent Licenses.
    b. Project Nos.: 2593-031 and 2823-020.
    c. Date filed: December 30, 2015.
    d. Applicant: Algonquin Power (Beaver Falls), LLC.
    e. Name of Project: Upper Beaver Falls Hydroelectric Project and
Lower Beaver Falls Hydroelectric Project.
    f. Location: On the Beaver River in Lewis County, New York. The
projects are not located on federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Robert A. Gates, Executive Vice President,
Eagle Creek Renewable Energy, 116 N. State Street, P.O. Box 167,
Neshkoro, WI 54960-0167;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Andy Bernick,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: January 12, 2017.
    The Commission strongly encourages electronic filing. Please file
scoping 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 numbers P-2593-031 and P-2823-020.
    The Commission's Rules of Practice and Procedure require all
interveners 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 intervener 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. These applications are not ready for environmental analysis at
this time.
    l. The existing project works are as follows:
    The Upper Beaver Falls Project consists of: (1) A 328-foot-long,
25-foot-high concrete gravity dam with an uncontrolled overflow
spillway; (2) a 48-acre reservoir with a storage capacity of 800 acre-
feet at elevation 799.4 feet North American Vertical Datum of 1988
(NAVD 88); (3) a 17-foot-high, 26.5-foot-wide, 27.5-foot-long intake
structure with a steel trash rack with 2 5/8-inch clear spacing; (4) a
90-foot-long, 16-foot-wide, 8-foot-high concrete penstock; (5) a
powerhouse containing one turbine-generator with a nameplate rating of
1,500 kilowatts (kW); (6) a tailrace excavated in the riverbed; (7) a
2,120-foot-long, 2.4-kilovolt (kV) overhead and underground
transmission line connecting to an existing substation; and (8) other
appurtenances. The project generates about 8,685 megawatt-hours (MWh)
annually.
    The Lower Beaver Falls Hydroelectric Project consists of: (1) A
400-foot-long concrete gravity dam with a maximum height of 14 feet,
including: (i) A 240-foot-long non-overflow section containing an 8-
foot-wide spillway topped with flashboards ranging from 6 to 8 inches
in height and (ii) a 160-foot-long overflow section with an ice sluice
opening; (2) a 4-acre reservoir with a storage capacity of 27.9 acre-
feet at a normal elevation of 769.6 feet NAVD 88; (3) an intake
structure with a steel trash rack with 1 3/4-inch clear spacing,
integral with a powerhouse containing two 500-kW turbine and generator
units; (4) a tailrace; (5) a 505-foot-long, 2.4-kV transmission line
connected to the Upper Beaver Falls powerhouse; and (6) appurtenant
facilities. The project generates about 5,617 MWh annually.
    The Lower Beaver Falls Project is located approximately 600 feet
downstream of the Upper Beaver Falls Project. The dams and existing
project facilities for both projects are owned by the applicant. The
applicant proposes

no new project facilities or operational changes, but proposes that
both projects be combined under a single license.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Scoping Process: The Commission intends to prepare an
environmental assessment (EA) on the projects in accordance with the
National Environmental Policy Act. The EA will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.

Scoping Meetings

    FERC staff will conduct one agency scoping meeting and one public
meeting. The agency scoping meeting will focus on resource agency and
non-governmental organization (NGO) concerns, while the public scoping
meeting is primarily for public input. All interested individuals,
organizations, and agencies are invited to attend one or both of the
meetings, and to assist the staff in identifying the scope of the
environmental issues that should be analyzed in the EA. The times and
locations of these meetings are as follows:

Agency Scoping Meeting

    Date: Tuesday, December 13, 2016.
    Time: 9:00 a.m.
    Place: Croghan Volunteer Fire Department.
    Address: 6860 Fire Hall Street, Croghan, New York.

Public Scoping Meeting

    Date: Tuesday, December 13, 2016.
    Time: 7:00 p.m.
    Place: Croghan Volunteer Fire Department.
    Address: 6860 Fire Hall Street, Croghan, New York.
    Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the EA were distributed to the parties on the
Commission's mailing list. Copies of the SD1 will be available at the
scoping meeting or may be viewed on the web at http://www.ferc.gov
using the ``eLibrary'' link (see item m above).

Environmental Site Review

    The Applicant and FERC staff will conduct a project Environmental
Site Review beginning at 1:00 p.m. on December 13, 2016. All interested
individuals, organizations, and agencies are invited to attend. All
participants should meet at the Upper Beaver Falls Project facility,
located at 9692 New York State Route 126, Castorland, New York. All
participants are responsible for their own transportation to the site
and during the site visit. Anyone with questions about the
Environmental Site Review should contact Mr. Jeff Kirch, Northern New
York Regional Operator for Algonquin Power (Beaver Falls) LLC, at 315-
783-5854 or<EMAIL_ADDRESS>
Objectives

    At the scoping meetings, the staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EA; (2)
solicit from the meeting participants all available information,
especially quantifiable data, on the resources at issue; (3) encourage
statements from experts and the public on issues that should be
analyzed in the EA, including viewpoints in opposition to, or in
support of, the staff's preliminary views; (4) determine the resource
issues to be addressed in the EA; and (5) identify those issues that
require a detailed analysis, as well as those issues that do not
require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the projects.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meeting and to
assist the staff in defining and clarifying the issues to be addressed
in the EA.

    Dated: November 9, 2016.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2016-27618 Filed 11-16-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Notices]
[Page 67239-67241]
[DOCID:fr13no08-88]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58906; File No. SR-Phlx-2008-76]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the NASDAQ OMX PHLX, Inc.
Relating to an Increase in the Maximum Number of Quoters Permitted in
an Option

November 6, 2008.
    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 November 4, 2008, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II,

and III, 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, pursuant to Section 19(b)(1) of the Act \3\ and Rule
19b-4 thereunder,\4\ proposes to amend Exchange Rule 507, Application
for Approval as an SQT or RSQT and Assignment in Options, which governs
the assignment of options to Streaming Quote Traders (``SQTs'') \5\ and
Remote Streaming Quote Traders (``RSQTs''),\6\ by establishing a higher
maximum number of quoting participants (``Maximum Number of Quoters''
or ``MNQ'') in equity options that are not in the top 15% most actively
traded based upon monthly national volume.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
    \5\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
options quotations electronically through AUTOM in eligible options
to which such SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on the floor of the
Exchange. See Exchange Rule 1014(b)(ii)(A).
    \6\ An RSQT is a ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
---------------------------------------------------------------------------

    The Exchange further proposes to amend Commentary .05 to Rule 507
to reflect the current practice of announcing changes to the MNQ on its
web site.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.phlx.com/regulatory/reg_rulefilings.aspx.

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 provide additional
liquidity in equity options on the Exchange by increasing the MNQ in
certain options.
    Currently, the Exchange limits the number of participants that may
be assigned to a particular equity option at any one time based upon
each option's monthly national volume. Commentary .02 to Rule 507 sets
forth tiered MNQ levels permitting 22 market participants for the top
5% most actively traded options; 17 market participants for next 10%
most actively traded options, and 12 market participants for all other
options.\7\ The ranking is based upon the preceding month's national
volumes. The Exchange proposes to increase the MNQ level for equity
options that are not in the top 15% most actively traded from 12 market
participants to 15.\8\
---------------------------------------------------------------------------

    \7\ When initially adopted, Commentary .01 (a)-(c) established
MNQ levels of 20 market participants for the top 5% most actively
traded options; 15 market participants for next 10% most actively
traded options; and 10 market participants for all other options.
See Securities Exchange Act Release No. 55114 (January 17, 2007), 72
FR 3185 (January 24, 2007) (SR-Phlx-2006-81). These MNQ levels were
subsequently increased to the current levels of 22, 17, and 12,
respectively. See Securities Exchange Act Release No. 56261 (August
17, 2007), 72 FR 47112 (August 22, 2007) (SR-Phlx-2007-51).
    \8\ Commentary .05 to Rule 507 states that the Exchange may
increase the MNQ levels established in this Commentary (meaning the
22, 17, and 12 numbers established in Commentary .01(a)-(c)) by
submitting to the SEC a rule filing pursuant to Section 19(b)(3)(A)
of the Exchange Act. The Exchange may decrease the MNQ levels
established in this Commentary upon SEC approval of a rule filing
submitted pursuant to Section 19(b)(2) of the Exchange Act.
---------------------------------------------------------------------------

    Finally, Commentary .05 to Rule 507 states that the Exchange will
inform market participants of changes to the MNQ via Exchange circular.
The Exchange proposes to amend Commentary .05 to Rule 507 to reflect
its current practice of announcing changes to the MNQ on its Web site.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by adding depth and liquidity to the Exchange's markets in
certain equity options.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange further believes that increasing the MNQ in certain
equity options is pro-competitive, because it adds depth and liquidity
to the Exchange's markets by permitting additional participants to
compete on the Exchange.

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.

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\ At any time within 60 days of the filing of such
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange fulfilled this requirement.

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2008-76 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-Phlx-2008-76. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-
Phlx-2008-76 and should be submitted on or before December 4, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-26957 Filed 11-12-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40245-40246]
[DOCID:fr11au09-125]

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

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Regulation S-P; OMB Control No. 3235-0537; SEC File No.
270-480.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in the following rule:
Regulation S-P (17 CFR part 248) under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (``Exchange Act'').
    The Commission adopted Regulation S-P (17 CFR part 248) under the
authority set forth in section 504 of the Gramm-Leach-Bliley Act (15
U.S.C. 6804), sections 17 and 23 of the Securities Exchange Act of 1934
(15 U.S.C. 78q, 78w), sections 31 and 38 of the Investment Company Act
of 1940 (15 U.S.C. 80a-30(a), 80a-37), and sections 204 and 211 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-4, 80b-11). Regulation
S-P implements the requirements of Title V of the Gramm-Leach-Bliley
Act (``GLBA''), which include the requirement that at the time of
establishing a customer relationship with a consumer and not less than
annually during the continuation of such relationship, a financial
institution shall provide a clear and conspicuous disclosure to such
consumer of such financial institution's policies and practices with
respect to disclosing nonpublic personal information to affiliates and
nonaffiliated third parties (``privacy notice''). Title V of the GLBA
also provides that, unless an exception applies, a financial
institution may not disclose nonpublic personal information of a
consumer to a nonaffiliated third party unless the financial
institution clearly and conspicuously discloses to the consumer that
such information may be disclosed to such third party; the consumer is
given the opportunity, before the time that such information is
initially disclosed, to direct that such information not be disclosed
to such third party; and the consumer is given an explanation of how
the consumer can exercise that nondisclosure option (``opt out
notice''). The privacy notices required by the GLBA are mandatory.

The opt out notices are not mandatory for financial institutions that
do not share nonpublic personal information with nonaffiliated third
parties except as permitted under an exception to the statute's opt out
provisions. Regulation S-P implements the statute's privacy notice
requirements with respect to broker-dealers, investment companies, and
registered investment advisers (``covered entities''). The Act and
Regulation S-P also contain consumer reporting requirements. In order
for consumers to opt out, they must respond to opt out notices. At any
time during their continued relationship, consumers have the right to
change or update their opt out status. Most covered entities do not
share nonpublic personal information with nonaffiliated third parties
and therefore are not required to provide opt out notices to consumers
under Regulation S-P. Therefore, few consumers are required to respond
to opt out notices under the rule.
    Compliance with Regulation S-P is necessary for covered entities to
achieve compliance with the consumer financial privacy notice
requirements of Title V of the GLBA. The required consumer notices are
not submitted to the Commission. Because the notices do not involve a
collection of information by the Commission, Regulation S-P does not
involve the collection of confidential information. Regulation S-P does
not have a record retention requirement per se, although the notices to
consumers it requires are subject to the recordkeeping requirements of
Rules 17a-3 and 17a-4 (17 CFR 240.17a-3 and 17a-4).
    The Commission estimates that approximately 20,065 covered entities
(approximately 5,326 registered broker-dealers, 4,571 investment
companies, and, out of a total of 11,266 registered investment
advisers, 10,168 registered investment advisers that are not also
registered broker-dealers) that must prepare or revise their annual and
initial privacy notices will spend an average of approximately 12 hours
per year complying with Regulation S-P. Thus, the total compliance
burden is estimated to be approximately 240,780 burden-hours per year.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to (1) the Desk Officer for the SEC,
Desk Officer for the Securities and Exchange Commission, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10102, New Executive Office Building, Washington, DC 20503 or by
sending an e-mail to<EMAIL_ADDRESS>and (ii) Charles
Boucher, Director/Chief Information Officer, Securities and Exchange
Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria,
VA 22312 or send an e-mail to<EMAIL_ADDRESS>Comments must be
submitted within 30 days of this notice.

    Dated: August 5, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-19121 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15191-15194]
[FR Doc No: 2018-07228]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2005-22842]

Notice of Opportunity: Criteria and Application Procedures for
the Military Airport Program (MAP).

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

ACTION: Notice of criteria and application procedures.

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SUMMARY: This document announces the criteria, application procedures,
and schedule to be applied by the Secretary of Transportation to
designate a maximum of 15 joint-use or former military airports to
participate in the MAP for the purposes of capital development funding
assistance.

DATES: Applications must be received no later than June 8, 2018.

ADDRESSES: Submit an original signed Standard Form (SF) 424,
``Application for Federal Assistance'' (available at: https://www.faa.gov/airports/resources/forms/?sect=aip,payments) along with all
supporting documentation. Airport sponsor applicants must specifically
request consideration to participate in the Fiscal Year (FY) 2018 MAP.
Submission(s) should be sent to the appropriate FAA Regional Airports
Division or Airports District Office that serves the airport (sponsor).
Applicants can find their local office on the FAA website at: http://www.faa.gov/airports/news_information/contact_info/regional/ or may
contact the office listed under the section ``For Further
Information.''

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DiMartino
([email protected]), Airports Financial Assistance Division,
Office of Airport Planning and Programming, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591,
(202) 267-8744.

SUPPLEMENTARY INFORMATION:

General Description of the Program

    Under 49 U.S.C. 47118, the MAP provides capital development
assistance to civilian airport sponsors of designated joint-use
military airfields or former military airports that are included in the
FAA's National Plan of Integrated Airport Systems (NPIAS). Airport
sponsors designated to the MAP may receive set-aside grant funds from
the Airport Improvement Program (AIP) (4 percent of discretionary
funds) for airport development that will assist the airport sponsor in
successfully transitioning the airport from military to civilian use.
The MAP is described in detail in FAA Order 5100.38D, Airport
Improvement Program (AIP) Handbook.

Number of Airports

    As set forth by 49 U.S.C. 47118, a maximum of 15 airports may
participate in the MAP at any time. Three of the 15 may be general
aviation (GA) airports; the remainder must be commercial service or
reliever airports. In FY 2018, there are 12 slots available in the
program; however, there are no openings available for GA airports.

Designation Duration

    The FAA has the option to designate an airport sponsor for any
duration between 1 and 5 fiscal years. The FAA will evaluate the
conversion needs of the airport in its capital development plan to
determine the appropriate length of designation.

Redesignation Duration

    Previously designated airport sponsors may apply for redesignation
to the MAP for a period between 1 and 5 fiscal years. Those airport
sponsors must meet the current MAP eligibility requirements of 49
U.S.C. 47118(a), at the beginning of each grant period. The FAA will
evaluate applications for redesignation primarily in terms of the
remaining projects that are specifically fundable only under the MAP
because redesignated airports generally have fewer conversion needs
than new candidates. The FAA's goal is to gradually transition MAP
airports to regular AIP participation by helping these airports
successfully convert to civilian airport operations.

MAP Funding Limitations

    Designated airport sponsors may receive up to $7 million per fiscal
year for terminal projects and up to $7 million for construction,
improvement, or repair of fuel farms, utility systems, surface
automobile parking lots, hangars, and air cargo terminals that are not
larger than 50,000 square feet. Revenue generating projects that may
not normally be AIP eligible at the airport may be considered through
the MAP to assist in the conversion of a military joint-use or former
military facility to civilian use.

Use of Regular AIP on a MAP Designated Airport

    MAP designated airport projects are not limited to MAP funding.
They may also qualify for other AIP funding if they meet all AIP
associated project eligibility and justification requirements.

Designation Requirements

    The MAP allows the Secretary of Transportation to designate
civilian airport sponsors of joint-use or former military airports
(other than an airport so designated before August 24, 1994) to receive
grants from the AIP if they meet the following general requirements:
    1. The airport is a former military installation closed or
realigned under:
    a. Section 2687 of 10 U.S.C. (announcement of closures of large
Department of Defense (DOD) installations after September 30, 1977);
    b. Section 201 of the Defense Authorization Amendments and Base
Closure and Realignment Act (BRAC) (10 U.S.C. 2687, note); or
    c. Section 2905 of the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687, note).
    2. The airport is a military installation with both military and
civil aircraft operations.
    3. The airport is classified as a commercial service or reliever
airport in the NPIAS. (See 49 U.S.C. 47105(b)(2).)
    4. In addition, three of the designated airports may be GA airports
that were former military installations closed or realigned under BRAC,
as amended, or 10 U.S.C. 2687. (See 49 U.S.C. 47118(g).) Therefore, a
GA airport can only qualify under requirement 1 of this section. ``GA
airport'' means a public airport that is located in a State that, as
determined by the Secretary:
    a. does not have scheduled service; or
    b. has scheduled passenger service with fewer than 2,500 passenger
boardings per year.
    Pursuant to 49 U.S.C. 47104(c), in designating new candidate
airport sponsors, the Secretary may consider only current or former
military airports for designation if a grant would:
    1. Reduce delays at an airport with more than 20,000 hours of
annual delays in commercial passenger aircraft takeoffs and landings;
    2. Enhance airport and air traffic control system capacity in a
metropolitan area or reduce current and projected flight delays; or
    3. Preserve or enhance minimum airfield infrastructure facilities
at former military airports to support emergency diversionary
operations for transoceanic flights. (See 49 U.S.C. 47118(c)(3).)
    The FAA will evaluate applications for new MAP designations on the
basis of how the proposed projects included in the application would
contribute to delay reductions and/or how the airport improvements
would enhance national and local air traffic or airport system capacity
and provide adequate related user services.

Candidate Evaluation

    Recently realigned or closed military airports and military
airfields with new joint-use agreements generally have the greatest
need for funding assistance to transition to civil airport operations.
Newly converted airports and new joint-use locations frequently have
minimal capital development resources and therefore receive priority
consideration for designation and MAP funding. The FAA will evaluate
the need for eligible projects based upon information in the airport's
5-year Capital Improvement Plan (CIP) submitted by the airport sponsor
and the following specific factors:
    1. Compatibility of airport roles and the ability of the airport to
provide an adequate airport facility;
    2. The capability of the airport to serve aircraft that otherwise
must use a congested airport;
    3. Landside surface access;
    4. Airport operational capability, including peak hour and annual
capacities;
    5. Potential of other metropolitan area airports to relieve the
congested airport;
    6. Ability to satisfy, relieve, or meet air cargo demand within the
metropolitan area;
    7. Forecasted aircraft and passenger levels, type of commercial
service anticipated, i.e., scheduled or chartered commercial service;
    8. Type and capacity of aircraft projected to serve the airport and
level of operations at the congested airport and the candidate airport;
    9. The potential for the airport to be served by aircraft or users,
including the airlines serving the congested airport;
    10. Ability to replace an existing commercial service or reliever
airport serving the area; and
    11. Any other documentation to support designation of the airport
sponsor's candidate airport.
    The FAA will evaluate proposed development projects to assess the
potential of the airport to become a viable civilian airport that will
enhance system capacity or reduce delays.

Application Procedures and Required Documentation

    Airport sponsors applying for designation or redesignation to the
MAP must complete and submit an SF-424 and provide supporting
documentation to the appropriate FAA Regional Airports Division or
Airports District Office serving that airport. Airport sponsors may
obtain this fillable form from https://www.faa.gov/airports/resources/forms/?sect=aip,-payments. Applicants must fill this form out
completely and include the following:
     Item 1 (Type of Submission)--Mark as a ``preapplication'';
     Item 2 (Type of Application)--Mark as ``New'' and in
``Other'' fill in ``Military Airport Program'';
     Item 15 (Descriptive Title of Applicant's Project)--Fill
with ``designation (or redesignation) to the Military Airport
Program''; and
     Item 18.a. (Estimated Funding)--Fill in the total amount
of funding requests anticipated from the MAP over the entire term
sought in the application.

Supporting Documentation

    1. Identification as a joint-use or former military airport. The
application must identify the airport sponsor's airport as either a
joint-use or former military airport and indicate whether it was:
    a. Closed or realigned under section 201 of the BRAC and/or section
2905 of the Defense Base Closure and Realignment Act of 1990
(Installations Approved for Closure by the Defense Base Realignment and
Closure Commissions);
    b. Closed or realigned pursuant to 10 U.S.C. 2687 as excess
property (bases announced for closure by the DOD pursuant to this title
after September 30, 1977 (this is the date of announcement for
closure)); or
    c. A military installation with both military and civil aircraft
operations.
    2. Qualifications for the MAP. The application must include
documentation to answer questions a. through j. below:
    a. Does the airport meet the definition of a ``public airport'' as
defined in 49 U.S.C. 47102(21)?
    b. Is the required environmental review for civil reuse or joint-
use of the military airfield completed?
     The environmental review does not need to include the
individual projects to be funded by the MAP.
     The environmental review is necessary to convey the
property or enter into a long-term lease, or finalize a joint-use
agreement.
     The military department conveying or leasing the property
or entering into a joint-use agreement should have the primary
responsibility for the environmental review.
    c. Does the eligible airport sponsor hold or will hold satisfactory
title or a long-term lease (25 years or longer)?
     Documentation that the Federal Government accepted an
application for surplus or BRAC airport property is sufficient to meet
this requirement.
    d. Does the airport sponsor have an existing joint-use agreement
with the military department having jurisdiction over the airport?
    e. A copy of the existing joint-use agreement must be submitted
with the application. Is the airport classified as a ``commercial
service airport'' or a ``reliever airport'' as defined in 49 U.S.C.
47102(7) and (23)?
    f. Is the airport sponsor an eligible airport ``sponsor,'' as
defined in 49 U.S.C. 47102(26)?
    g. Does the airport sponsor have a 5-year CIP indicating all
eligible grant projects to be funded either from the MAP or from other
portions of the AIP?
    h. Does the airport have an FAA-approved airport layout plan (ALP)?
    i. For commercial service airports, has a business/marketing plan
or equivalent been completed?
    j. For reliever or GA airports, alternative planning documents may
be submitted in lieu of a business/marketing plan.
    3. Other Factors. The application should include information on the
items below:
    a. Identify the existing and potential levels of visual or extra
instrument operations and aeronautical activity at the current or
former military airport and, if applicable, the congested airport.
    b. Explain how the airport contributes to the air traffic system or
airport system capacity.
    c. Provide the revenue passenger and air cargo levels if commercial
air carriers serve the airport.
    d. Describe the airport's projected civil role and development
needs for transitioning from use as a military airfield to a civil
airport. Include how development projects would serve to reduce delays
at an airport with more than 20,000 hours of annual delays in
commercial passenger aircraft takeoffs and landings, enhance capacity
in a metropolitan area, or reduce current and projected flight delays.
    e. Describe the existing airspace capacity. Explain how anticipated
new operations would affect the surrounding airspace, congestion, and
air traffic flow patterns in the metropolitan area in or near the
airport.
    f. Describe the airport sponsor's 5-year CIP. The CIP must identify
the safety, capacity, and conversion related projects, estimated costs,
and projected construction schedule.
    g. Describe projects that are consistent with the role of the
airport and effectively contribute to the joint-use or civil conversion
of the airfield. The projects selected (e.g., safety-related,
conversion-related, and/or capacity-related) must be identified and
fully explained based on the airport sponsor's planned airport use.
Each project that may be eligible under MAP must be clearly indicated
and include the following information:

Airside

     Planned safety modifications including pavement, marking,
lighting, drainage, or other structures or features to meet civil
standards for approach, departure, and other protected airport surfaces
as described in 14 CFR part 77, or airport design standards set forth
in FAA Advisory Circular 150/5300-13A;
     Planned construction of facilities, such as passenger
terminal gates, aprons for passenger terminals, taxiways to new
terminal facilities, aircraft parking, and cargo facilities to
accommodate civil use;
     Planned utility upgrades serving the civilian function and
independent operation including: electrical, mechanical, communications
lines, water, gas, sewer, storm drainage;
     Planned acquisition, construction, rehabilitation, or
modification of facilities and equipment including: snow removal
equipment, aircraft rescue and fire fighting facilities and equipment,
security equipment, lighting vaults, and reconfiguration or relocation
of eligible buildings for more efficient civil airport operations;
     Planned modifications of fuel farms to accommodate civil
aviation use;
     Planned acquisition of additional land for runway
protection zones, other approach protection, or airport development;
and
     Planned modifications, which will permit the airfield to
accommodate GA users.

Landside

     Planned construction, improvement, or repair of surface
parking areas for passenger and air cargo terminals;
     Planned construction, improvement, or repair of access
roads to provide efficient movement of vehicular traffic that leads
directly to or from a passenger or air cargo terminal, fixed base
operations, and aircraft maintenance areas; or
     Planned construction, improvement, or repair of
facilities, such as passenger terminals, hangars, and air cargo
terminal buildings.
    h. Evaluate the ability of surface transportation facilities (e.g.,
road, rail, high-speed rail, and/or maritime) to provide intermodal
connections.
    i. Describe the type and level of aviation (and community) interest
in the civil use of the current or former military airport.
    j. Provide one copy of the FAA-approved ALP with each application.
The ALP must clearly describe capacity and conversion-related projects.
Airport sponsors should also include other information, such as:
Project cost(s), schedule, project justification(s), other project
related maps and drawings showing the project location(s), and any
other supporting documentation that would make the airport sponsor's
application easier to understand. Airport sponsors may also include
photos that further describe the airport, projects, and otherwise
clarify certain aspects of the application. These maps and ALPs should
be cross-referenced

with the project costs and descriptions noted elsewhere in the
application.

Redesignation Applications

    Airport sponsors applying for redesignation to the MAP must submit
the same information required of new candidate airport sponsors.
Airport sponsors requesting redesignation must also answer the
following questions:
    1. Why is a redesignation and additional MAP-eligible project
funding needed to accomplish the conversion to a civilian-use airport?
    2. What is the preferred time period for redesignation (not to
exceed 5 years)?
    3. Why would funding of eligible work under other categories of AIP
or other sources of funding not accomplish the development needs of the
airport?
    4. Airport sponsors applying for redesignation must provide a
reanalysis of their original business/marketing plans (for example, a
plan previously funded by the DOD's Office of Economic Adjustment or
the original master plan for the airport) and prepare an updated plan.
If no business/marketing plan exists, a business/marketing plan or
strategy must be developed. The report must address these questions:
    a. Is the airport sponsor continuing to work towards the goals
established in the business/marketing plan?
    b. How do the MAP projects contained in the application contribute
to the goals of the airport sponsor and its plans?
    c. If the business/marketing plan no longer applies to the current
goals of the airport sponsor, how has the airport sponsor altered the
business/marketing plan to establish a new direction for the facility
and how do the projects contained in the MAP application aid in the
completion of the new direction and goals and by what date does the
airport sponsor anticipate graduating from the MAP?

    This notice is issued pursuant to 49 U.S.C. 47118. Issued from
Washington, DC, on April 4, 2018.
Elliott Black
Director, Office of Airport Planning and Programming.
[FR Doc. 2018-07228 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 29, 2009 (Volume 74, Number 81)]
[Notices]
[Page 19606]
[DOCID:fr29ap09-140]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549.

Extension:
    Rule 17Ac2-2, SEC File No. 270-298, OMB Control No. 3235-0337,
Form TA-2, SEC File No. 270-298, OMB Control No. 3235-0337.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
     Rule 17Ac2-2 and Form TA-2 (OMB Control No. 3235-0337; SEC
File No. 270-298).
    Rule 17Ac2-2 (17 CFR 240.17Ac2-2) and Form TA-2 under the
Securities Exchange Act of 1934 (17 U.S.C. 78a et seq.) require
transfer agents to file an annual report of their business activities
with the Commission. The amount of time needed to comply with the
requirements of Rule 17Ac2-2 and Form TA-2 varies. From the total 598
registered transfer agents, approximately 30 registrants would be
required to complete only Questions 1 through 4 and the signature
section of amended Form TA-2, which the Commission estimates would take
each registrant about 30 minutes, for a total burden of 15 hours (30 x
.5 hours). Approximately 111 registrants would be required to answer
Questions 1 through 5, 10, and 11 and the signature section, which the
Commission estimates would take about 1 hour and 30 minutes, for a
total of 166.5 hours (111 x 1.5 hours). The remaining registrants,
approximately 457, would be required to complete the entire Form TA-2,
which the Commission estimates would take about 6 hours, for a total of
2,742 hours (457 x 6 hours). We estimate that the total burden would be
2,923.5 hours (15 hours + 166.5 hours + 2,742 hours).
    We estimate that the total cost of reviewing and entering the
information reported on the Forms TA-2 for respondents is $41.50 per
hour. The Commission estimates that the total cost would be $121,325.25
annually ($41.50 x 2,923.5).
    Rule 17Ac2-2 does not involve the collection of confidential
information. Please note that an agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid control number.
    General comments regarding the estimated burden hours should be
directed to the following persons: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief Information
Officer, Securities and Exchange Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, Virginia 22312; or by sending an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: April 22, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-9671 Filed 4-28-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Notices]
[Pages 18635-18637]
[FR Doc No: 2017-07979]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC17-11-000]

Commission Information Collection Activities (FERC-549B); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-549B (Gas Pipeline Rates: Capacity Reports
and Index of Customers).

DATES: Comments on the collection of information are due June 19, 2017.

ADDRESSES: You may submit comments (identified by Docket No. IC17-11-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT:  Ellen Brown may be reached by email
at<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-549B (Gas Pipeline Rates: Capacity Reports and Index of
Customers).
    OMB Control No.: 1902-0169.
    Type of Request: Three-year extension of the FERC-549B information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The information collected under the requirements of FERC-
549B includes both the Index of Customers

(IOC) report under Commission regulations at 18 Code of Federal
Regulations (CFR) 284.13(c) and three capacity reporting requirements.
One of these is in Commission regulations at 18 CFR 284.13(b) and
requires reports on firm and interruptible services. The second is at
18 CFR 284.13(d)(1) and requires pipelines make information on capacity
and flow information available on their Internet Web sites. The third
is at 18 CFR 284.13(d)(2) and requires an annual filing of peak day
capacity.

Capacity Reports Under 284.13(b) and 284.13(d)(1)

    On April 4, 1992, in Order No. 636 (RM91-11-000), the Commission
established a capacity release mechanism under which shippers could
release firm transportation and storage capacity on either a short- or
long-term basis to other shippers wanting to obtain capacity. Pipelines
posted available firm and interruptible capacity information on their
electronic bulletin boards (EBBs) to inform potential shippers.
    On August 3, 1992, in Order No. 636-A (RM91-11-002), the Commission
determined through staff audits, that the efficiency of the capacity
release mechanism could be enhanced by standardizing the content and
format of capacity release information and the methods by which
shippers accessed this information, which pipelines posted to their
EBBs.
    On March 29, 1995, through Order 577 (RM95-5-000), the Commission
amended Sec.  284.243(h) of its regulations to allow shippers the
ability to release capacity without having to comply with the
Commission's advance posting and bidding requirements.
    On February 9, 2000, in Order No. 637 (RM98-10-000), to create
greater substitution between different forms of capacity and to enhance
competition across the pipeline grid, the Commission revised its
capacity release regulations regarding scheduling, segmentation and
flexible point rights, penalties, and reporting requirements. This
resulted in more reliable capacity information availability and price
data that shippers needed to make informed decisions in a competitive
market as well as to improve shipper's and the Commission's ability to
monitor the market for potential abuses.

Peak Day Annual Capacity Report Under 284.13(d)(2)

    18 CFR 284.13(d)(2) requires an annual peak day capacity report of
all interstate pipelines, including natural gas storage only companies.
This report is generally a short report showing the peak day design
capacity or the actual peak day capacity achieved, with a short
explanation, if needed. The regulation states:
    An interstate pipeline must make an annual filing by March 1 of
each year showing the estimated peak day capacity of the pipeline's
system, and the estimated storage capacity and maximum daily delivery
capability of storage facilities under reasonably representative
operating assumptions and the respective assignments of that capacity
to the various firm services provided by the pipeline.
    This annual report/filing is publicly available, while other more
specific interstate pipeline and storage capacity details are filed as
CEII, such as the Annual System Flow Diagram (FERC-567) which are not
publicly available.

Index of Customers Under 284.13(c)

    In Order 581, issued September 28, 1995 (Docket No. RM95-4-000),
the Commission established the IOC quarterly information requirement.
This Order required the reporting of five data elements in the IOC
filing: The customer name, the rate schedule under which service is
rendered, the contract effective date, the contract termination date,
and the maximum daily contract quantity, for either transportation or
storage service, as appropriate.
    In a notice issued separate from Order 581 in Docket No. RM95-4-
000, issued February 29, 1996, the Commission, through technical
conferences with industry, determined that the IOC data reported should
be in tab delimited format on diskette and in a form as proscribed in
Appendix A of the rulemaking. In a departure from past practice, a
three-digit code, instead of a six-digit code, was established to
identify the respondent.
    In Order 637, issued February 9, 2000 (Docket Nos. RM98-10-000 and
RM98-12-000), the Commission required the filing of: The receipt and
delivery points held under contract and the zones or segments in which
the capacity is held, the common transaction point codes, the contract
number, the shipper identification number, an indication whether the
contract includes negotiated rates, the names of any agents or asset
managers that control capacity in a pipeline rate zone, and any
affiliate relationship between the pipeline and the holder of capacity.
It was stated in the Order that the changes to the Commission's
reporting requirements would enhance the reliability of information
about capacity availability and price that shippers need to make
informed decisions in a competitive market as well as improve shippers'
and the Commission's ability to monitor marketplace behavior to detect,
and remedy anti-competitive behavior. Order 637 required a pipeline
post the information quarterly on its Internet Web sites instead of on
the outdated EBBs.
    Type of Respondents: Respondents for this data collection are
interstate pipelines subject to FERC regulation under the Natural Gas
Act and those entities defined as Hinshaw Pipelines under the Natural
Gas Policy Act.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \1\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.
    \2\ The estimates for cost per response are derived using the
following formula: 2017 Average Burden Hours per Response * $76.50
per Hour = Average Cost per Response. The hourly cost figure of
$76.50 is the average FERC employee wage plus benefits. We assume
that respondents earn at a similar rate.

                                         FERC-549B (Gas Pipeline Rates: Capacity Reports and Index of Customers)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &     Cost per
                                                            respondents    of responses    of responses     & cost per     total annual   respondent ($)
                                                                          per respondent                   response \2\        cost
                                                                     (1)             (2)     (1)*(2)=(3)             (4)     (3)*(4)=(5)         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Capacity Reports under 284.13(b) & 284.13(d)(1).........             185               6           1,110             145         160,950         $66,558
                                                                                $11,093     $12,313,230

93049344Peak Day Annual Capacity Report under                        185               1             185              10           1,850            $765
 284.13(d)(2)...........................................                                                            $765        $141,525
Index of Customers under 284.13(c)......................             185               4             740               3           2,220            $920
                                                                                $230        $170,200
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............                  ..............         165,020
                                                                                2,035                     $12,624,955         $68,243
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: April 14, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07979 Filed 4-19-17; 8:45 am]
 BILLING CODE 6717-01-P