                         Plant-Incorporated Protectant                                                                   X17 late blight protection                      OECD Unique Identifier: SPS-ØØX17-5

Active Ingredient:

The VNT1 protein product of the Rpi-vnt1 gene from plasmid pSIM1678...................<1.0x10[-][5] %* *Percent VNT1 protein expressed in fresh potato tubers.

KEEP OUT OF REACH OF CHILDREN

CAUTION

EPA Registration Number: 8917-2

EPA Establishment Number: 8917-ID-35

J.R. Simplot Company 5369 W. Irving St. Boise, ID 83706

                              DIRECTIONS FOR USE

It is a violation of Federal law to use this product in any manner inconsistent with its labeling.

Potatoes with X17 late blight protection have been transformed to express the Rpi-vnt1 gene product, the VNT1 protein, for protection against foliar late blight caused by Phytophthora infestans. Controlled P. infestans strains include US-8, US-22, US-23, and US-24.

Under this registration, X17 late blight protection may be used for conventional breeding with non-PIP potatoes not regulated by EPA to develop new potato varieties containing VNT1 and the genetic material necessary for its production (pSIM1678 T-DNA).

Under this registration, this plant-incorporated protectant may be re-transformed with additional non-pesticidal traits not regulated by EPA.

This plant-incorporated protectant may be re-transformed with additional pesticidal traits. Products of this re-transformation must be registered with EPA.

This plant-incorporated protectant may be combined through conventional breeding with registered PIPs that are similarly approved for use in combination with registered PIPs to produce new potato varieties with combined pesticidal traits.

                          INTEGRATED PEST MANAGEMENT

Best management practices are recommended when using X17 late blight protection. Examples of appropriate BMPs include:  using certified seed;  crop rotation, including avoidance of planting to fields with infected potato volunteers;  sanitizing seed-cutting equipment;  monitoring late blight alerts;  scouting for late blight lesions;  killing vines prior to harvest if the crop will be stored; and  destroying cull piles.

In order to prolong trait durability, late blight fungicide use may be recommended. Read and follow the Innate(R) Generation 2 Late Blight Integrated Pest Management Guide for the recommended number of fungicide applications.

X17 late blight protection is a patent-protected* product of the J.R. Simplot Company, Simplot Plant Sciences with unique genetic elements (*United States Patent No. 8,889,964).


[Federal Register: October 28, 2005 (Volume 70, Number 208)]
[Notices]
[Page 62154-62155]
[DOCID:fr28oc05-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52655; File No. SR-FICC-2005-15]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Charges for Communications Fees To Continue Operating
Legacy Communication Networks

October 24, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on September 9, 2005, the
Fixed Income Clearing Corporation (``FICC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by FICC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    The proposed rule change would revise the fees charged to members
that fail to migrate their communications systems from legacy networks
to The Depository Trust & Clearing Corporation's (``DTCC's'') Securely
Managed and Reliable Technology (``SMART'') system \2\ or to the
Securities Industry Automation Corporation's (``SIAC's'') Secure
Financial Transaction Infrastructure (``SFTI'') networks.
---------------------------------------------------------------------------

    \2\ SMART is DTCC's centralized, end-to-end managed
communications infrastructure that provides connectivity support for
all post-trade clearance and settlement processing. Most of the
services offered by DTCC's subsidiaries, The Depository Trust
Company, the National Securities Clearing Corporation, and FICC are
accessible through SMART. SMART is interoperable with SFTI.
---------------------------------------------------------------------------

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

    In its filing with the Commission, FICC 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. FICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by FICC.
---------------------------------------------------------------------------

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

    Beginning in 2003, FICC has periodically informed members of the
need to migrate their telecommunications connectivity from SIAC's
legacy based Broker and Access networks to DTCC's SMART system or
SIAC's SFTI.\4\ While several advantages exist in having all members
successfully migrate, FICC's main objective in insourcing these
services into its own data processing operations is to provide
consistent business continuity planning capabilities across all FICC
services. In the event of a large-scale regional disruption, any member
accessing FICC through a legacy network will not have the benefits
provided by the other communications vehicles which could create
exposure to these members and their counterparties.\5\
---------------------------------------------------------------------------

    \4\ DTCC Important Notices Z0008, Z0009, and
Z0010.
    \5\ SMART is designed to withstand catastrophic disaster
scenarios and is set up to operate in DTCC's multiple remote sites
to ensure its operability in the event of disruption. Legacy network
connections are not automatically configured to ``fail over'' to
DTCC's remote processing sites and therefore do not provide members
using these networks with the resilience that would be needed in the
event of a large-scale regional disruption.
---------------------------------------------------------------------------

    While most FICC members have complied with stated migration
requirements, several members continue to access FICC through legacy
networks, which is imposing significant unnecessary costs on FICC for
continued support of these systems. In order to encourage these members
to migrate and in order to equitably allocate costs among its members,
FICC intends to allocate its costs for continued support of legacy
networks among the members using such systems on a pro rata basis. FICC
plans to soon issue an important notice to members specifying the date
such fees will become effective.\6\
---------------------------------------------------------------------------

    \6\ FICC expects that the migration deadline will be set for the
end of 2005.
---------------------------------------------------------------------------

    In order to avoid bearing these costs, members currently using
legacy systems are required to take the following actions: (i) As soon
as possible, ensure adequate communications connectivity through SMART
and/or SFTI, (ii) successfully complete testing through the newly-
established pathways, (iii) complete full conversion of all input/
output for applicable FICC applications directly to/from FICC through
SMART and/or SFTI, and (iv) cancel the legacy network connections.
    The proposed change is consistent with Section 17A of the Act \7\
and the rules and regulations thereunder applicable to FICC because it
will enable FICC to equitably allocate costs among its members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. FICC will notify the Commission of any
written comments received by FICC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section

19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2) \9\ thereunder
because the proposed rule establishes or changes a due, fee, or other
charge. At any time within sixty days of the filing of the 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-FICC-2005-15 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-FICC-2005-15. 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 Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of FICC and on
FICC's Web site at http://www.ficc.com. 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-FICC-2005-15 and should be submitted on
or before November 18, 2005.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-5971 Filed 10-27-05; 8:45 am]

BILLING CODE 8010-01-P


From:  Kakade, Seema<EMAIL_ADDRESS>Sent: Monday, August 29, 2016 10:30 AM To:  Robert Brager<EMAIL_ADDRESS>Cc: <EMAIL_ADDRESS>Aron H. Schnur<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Seidman, Emily<EMAIL_ADDRESS>Subject:  RE: EPA Response to SunCoke

Robert:

As a preliminary response to your August 17, 2016 letter, we now understand that the plant doesn't operate longer than 1 shift per day for pushing coke from the ovens and, therefore, agree to modify our 114 request to incorporate the attached procedure for handling and storing the Method 23 XAD train from one operating shift to the next shift the following day.

However, there are still many other concerns we have with your compliance with our 114 request and will discuss these issues at our upcoming meeting on September 19th that you requested.  We recommend that this meeting on September 19th be done via phone call where we can follow along on a power point that you send us beforehand since several of the folks on our side are located in North Carolina and not in DC.  However, if you strongly prefer videoconference I am happy to chat about that and am fairly free tomorrow to talk.

I am copying Donna Lee Jones from our program office on this email, as well as Emily Seidman from the Office of General Counsel.  Both will be in attendance on September 19[th].

Thanks. Seema

Ms. Seema Kakade Attorney-Advisor USEPA/Office of Enforcement and Compliance Assurance 202-564-2416 <EMAIL_ADDRESS>

<< SunCoke-pushing-M23-checklist-08-26-16 (002).docx >>

From: Robert Brager<EMAIL_ADDRESS>Sent: Wednesday, August 17, 2016 10:02 PM To: Sullivan, Tim<EMAIL_ADDRESS>Cc<EMAIL_ADDRESS>Kakade, Seema<EMAIL_ADDRESS>Aron H. Schnur<EMAIL_ADDRESS>Subject: Re: EPA Response to SunCoke

Sorry, attached the wrong letter.  Seema, thanks for letting me know.

Rob   Rob Brager Principal   BEVERIDGE & DIAMOND, P.C. 201 North Charles Street Suite 2210, Baltimore, MD 21201  Office<PHONE_NUMBER>   Cell<PHONE_NUMBER><EMAIL_ADDRESS>

From: Robert Brager<EMAIL_ADDRESS>Date: Wednesday, August 17, 2016 at 5:41 PM To: "Sullivan, Tim"<EMAIL_ADDRESS>Cc: KATIE BATTEN<EMAIL_ADDRESS>"Kakade, Seema"<EMAIL_ADDRESS>"Aron H. Schnur"<EMAIL_ADDRESS>Subject: Re: EPA Response to SunCoke

Tim,

Please see the attached.  Please let me know if EPA is willing to meet with us, and if so, let's try to schedule a date.

Rob   Rob Brager Principal   BEVERIDGE & DIAMOND, P.C. 201 North Charles Street Suite 2210, Baltimore, MD 21201  Office<PHONE_NUMBER>   Cell<PHONE_NUMBER><EMAIL_ADDRESS>

  From: "Sullivan, Tim"<EMAIL_ADDRESS>Date: Thursday, July 28, 2016 at 5:02 PM To: Robert Brager<EMAIL_ADDRESS>Cc: KATIE BATTEN<EMAIL_ADDRESS>"Kakade, Seema"<EMAIL_ADDRESS>Subject: EPA Response to SunCoke

Robert:   Attached, please find the EPA's response to your May 10, 2016 letter on behalf of SunCoke. Per the letter, please contact Seema Kakade (cc-ed) should your client require additional time to comply.   Thanks  -    Tim ___________________________________________

Timothy J. Sullivan Air Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW (MC 2242A) Washington, D.C. 20460

Phone:<PHONE_NUMBER> │ Email<EMAIL_ADDRESS> Help eliminate environmental violations - report tips and complaints at: http://www.epa.gov/compliance/complaints/index.html


[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Notices]
[Pages 52765-52766]
[FR Doc No: 2013-20691]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG13-53-000.
    Applicants: RE Columbia 3 LLC.
    Description: RE Columbia 3 LLC Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5124.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: EG13-54-000.
    Applicants: RE Columbia, LLC.
    Description: RE Columbia, LLC Notice of Self-Certification of
Exempt Wholesale Generator Status.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5125.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: EG13-55-000.
    Applicants: RE Yakima LLC.
    Description: RE Yakima LLC Notice of Self-Certification of Exempt
Wholesale Generator Status.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5126.
    Comments Due: 5 p.m. ET 9/6/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1910-001.
    Applicants: Guzman Power Markets
    Description: Market-Based Rate Tariff 1 revision to be
effective 8/20/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5105.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2074-001.
    Applicants: E.ON Global Commodities North America LLC.
    Description: Amendment to 1 to be effective 10/1/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5093.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2173-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1997R2 City of Mulvane, Kansas NITSA and NOA to be
effective 8/1/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5131.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2174-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Order 719 Compliance Filing--Attachment AE, Section
4.1.2 to be effective 3/1/2014.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5145.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2175-000.
    Applicants: Fairless Energy, LLC.
    Description: Compliance Filing--Amended Single MBR Tariff and Chg
of DF to DEMI to be effective 8/19/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5158.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2176-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to OATT & OA re Regional Balancing Operating
Reserve Rate Errata to be effective 10/15/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5159.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2177-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1641R4 GRDA NITSA and NOA Notice of Cancellation to be
effective 6/1/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5160.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2178-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2013-08-16--SMUD--MEEA to be effective 10/16/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5161.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2179-000.
    Applicants: Dominion Bridgeport Fuel Cell, LLC.
    Description: Compliance Filing--Certificate of Concurrence Chg to
DEMI to be effective 8/19/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5169.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2180-000.
    Applicants: New England Hydro Transmission Electric.
    Description: NEHTEC Agreement with Hydro-Quebec TransEnergie re
HVDC Interconnection to be effective 7/29/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5181.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2181-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2023R1 Midwest Energy, Inc. NITSA and NOA Notice of
Cancellation to be effective 6/1/2013.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5182.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2182-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Collation Value Correction Filing to be effective 8/1/
2010.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5000.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2183-000.
    Applicants: Elwood Energy, LLC.
    Description: Compliance Filing--Amended Cert of Concurrence Chg to
DEMI to be effective 8/19/2013.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5001.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2184-000.
    Applicants: Kincaid Generation, L.L.C.
    Description: Compliance Filing--Amded Cert of Concurrence Chg to
DEMI to be effective 8/20/2013.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5002.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2185-000.
    Applicants: Dominion Nuclear Connecticut, Inc.
    Description: Compliance Filing--Amded Certificate on Concurrence
Chg to DEMI to be effective 8/20/2013.
    Filed Date: 8/19/13.
    Accession Number: 20130819-5003.
    Comments Due: 5 p.m. ET 9/9/13.

    Docket Numbers: ER13-2186-000.
    Applicants: Duke Energy Progress, Inc.
    Description: Duke Energy Progress, Inc. submits its Revised
Depreciation Rates under ER13-2186.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5186.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2187-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. files
this calculation of the Cost of New Entry value (CONE) applicable to
the Local Resource Zones (LRZ) recently established in the MISO
Southern Region.

    Filed Date: 8/16/13.
    Accession Number: 20130816-5187.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: ER13-2188-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Pacific Gas and Electric
Company of the Crystal Springs Pump Station Facilities Charge Agreement
[RS No. 156] for the City and County of San Francisco.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5196.
    Comments Due: 5 p.m. ET 9/6/13.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF13-597-000.
    Applicants: Caterpillar Inc.
    Description: Form 556--notice of self-certification of qualifying
cogeneration facility of Caterpillar Inc.
    Filed Date: 8/16/13.
    Accession Number: 20130816-5204.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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 19, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-20691 Filed 8-23-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 52962-52964]
[FR Doc No: 2021-20526]

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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 705

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI22

Increasing Transparency of 232 Investigations by Requiring a
Public Submission for an Application for an Investigation

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Final rule.

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

SUMMARY: This final rule revises the regulations governing a request or
application for an investigation under Section 232 of the Trade
Expansion Act of 1962, as amended (``Section 232''). The changes in
this final rule will increase the transparency of Section 232
investigations by requiring the submission of a public version of an
application for an investigation from an interested party. The changes
made in this final rule still allow an interested party to submit
classified national security information and/or business confidential
information when submitting an application for an investigation.

DATES: This final rule is effective September 24, 2021.

FOR FURTHER INFORMATION CONTACT: For questions regarding this final
rule, contact Erika Maynard at<PHONE_NUMBER> or via email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    This final rule revises the requirements in Sec. Sec.  705.5
(Request or application for an investigation) and 705.6 (Confidential
information) of the National Security Industrial Base Regulations
(``NSIBR'') (15 CFR parts 700 through 709) to increase the transparency
of Section 232 investigations by requiring an application for an
investigation by an interested party be submitted publicly. Section
705.5 specifies the procedures for submitting a request or application
for an investigation under Section 232. Section 705.6 specifies the
requirements for the submission of confidential information (classified
national security information or business confidential information) to
the Bureau of Industry and Security (BIS) at any stage of a Section 232
investigation and as part of an application for an investigation from
an interested party. In order to enhance transparency and aid public
understanding of applications for Section 232 investigations submitted
by interested parties, as well as, when warranted, allowing public
comments on such applications (for example, when a Federal Register
notice is published soliciting comments on an investigation), the
Department of Commerce has determined that interested parties applying
for a Section 232 investigation that include business confidential
information or classified national security information in their
submission must simultaneously submit a public version of their
application to BIS.
    In order to implement this change in the Section 232 investigation
process, this final rule makes the following changes to part 705 of the
NSIBR:
    In Sec.  705.5, this final rule revises paragraph (a) by adding a
sentence to require that an application for an investigation from an
interested party containing business confidential information include a
public version of the entire application in writing accompanying their
submission. This final rule also adds a sentence to paragraph (a) to
specify that the application, if it includes business confidential
information submitted in confidence pursuant to Sec.  705.6, must
contain a public summary of the business confidential information
providing sufficient detail to permit a reasonable understanding of the
substance of the information, and, if summarization is not possible,
the application must make that claim and accompany it by a full
explanation of its basis. The revisions to paragraph (a) also include
guidance on how to summarize

the information in sufficient detail to meet these additional
requirements. This final rule adds a new cross reference to Sec.  705.6
to alert the public that in order to submit business confidential
information that is not for public release, the applicant must follow
the procedures in Sec.  705.6, including by making a separate
submission to the Department of Commerce for the public and
confidential versions. Lastly, this final rule also adds a new note to
paragraph (a), explaining that United States Government agencies shall
be excluded from the requirement to include public versions of
submissions. This rule also codifies the existing practice that an
electronic copy of the application be submitted with the printed
application.
    In Sec.  705.6 (Confidential information), this final rule adds
three new paragraphs: (a)(1) (Classified national security
information), (2) (Business confidential information) and (3) (United
States Government communication). The revised paragraph (a) specifies
the requirements for submissions and treatment of these three types of
confidential information, including how submissions by the public
should be marked and submitted when they include confidential
information.
    The classified national security information described under
paragraph (a)(1) of Sec.  705.6 will not be made publicly available and
therefore does not require a public version. As a conforming change,
this final rule revises existing text previously found in paragraph (a)
of Sec.  705.6, which is now being moved to paragraph (a)(1) of Sec.
705.6, regarding the identification and marking standards for national
security information. Inadvertently, this text was not previously
updated to reflect identification and marking standards set forth in 32
CFR part 2001, even though BIS has been complying with the requirements
in 32 CFR part 2001 and requiring submitters to comply with those
requirements, as applicable, since at least 2010. These revisions
explicitly align paragraph (a)(1) of Sec.  705.6 with the requirements
set forth in 32 CFR part 2001. These changes will also improve public
understanding of these provisions and clarify the requirements for
submitting classified national security information pursuant to Sec.
705.6. If an applicant or other party submits business confidential
information as described in paragraph (a)(2) of Sec.  705.6, it will
now be required to submit a public version of that information based on
the changes this rule makes to Sec. Sec.  705.5 and 705.6. This final
rule also adds a sentence at the end of paragraph (a)(2) of Sec.  705.6
to specify that the public summary required under Sec.  705.5 must be
clearly marked ``PUBLIC'' as part of the submission described under
paragraph (a)(1) of Sec.  705.6. The classified national security
information described under paragraph (a)(1) of Sec.  705.6 and the
United States Government communications described under paragraph
(a)(3) of Sec.  705.6 will not be made publicly available and therefore
do not require a public version. Lastly, this final rule also adds a
new paragraph (a)(3) to clarify the treatment of communication from the
United States Government involving Section 232 investigations,
including requests for the initiation of investigations received from
U.S. Government agencies. This paragraph clarifies for the public that
communication from agencies of the United States Government will
generally not be made available to the public.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
(PRA) provides that an agency generally cannot conduct or sponsor a
collection of information, and no person is required to respond to nor
be subject to a penalty for failure to comply with a collection of
information, unless that collection has obtained Office of Management
and Budget (OMB) approval and displays a currently valid OMB Control
Number.
    This final regulation involves one collection currently approved by
OMB with the following control number ``Request for Investigation under
section 232 of the Trade Expansion Act'' (control number 0694-0120).
    This rule is not expected to increase the burden hours for any of
the collections associated with this rule as minimal changes are
anticipated. Any comments regarding this collection of information,
including suggestions for reducing the burden, may be submitted online
at https://www.reginfo.gov/public/do/PRAMain. Find the particular
information collection by using the search function and entering either
the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (APA) (5
U.S.C. 553) requiring notice of proposed rulemaking, the opportunity
for public comment, and a delay in effective date are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). The Section 232
investigation process is important for identifying areas where the
United States' defense industrial base is undermined to the detriment
of national security. Improving efficiency and transparency of this
process is important for those regulatory provisions to achieve their
stated purpose.
    In addition, the Department finds that there is good cause under 5
U.S.C. 553(b)(B) to waive the provisions of the APA requiring prior
notice and the opportunity for public comment and under 5 U.S.C.
553(d)(3) to waive the delay in effective date because such delays
would be contrary to the public interest. The changes in this rule will
increase transparency of Section 232 investigations by requiring a
public submission for an application for an investigation from an
interested party. These changes will improve public transparency of the
Section 232 investigation process, while imposing only a minimal burden
on those submitting an application for an investigation to the
Department. Based on BIS's past experience, including in the recent
Section 232 investigations into imports of uranium, titanium sponge,
and mobile cranes, most of the applicants each published their own
public versions of their applications for an investigation with
business confidential information redacted/removed (roughly
contemporaneously with their submission of their applications to the
Department of Commerce). Therefore, complying with the requirement to
include a public version should not be burdensome for the clear
majority of applicants because they have already taken the initiative
to share a public version. For any other applicant who does not prepare
public versions of their submissions as a matter of course, the new
requirements is minimal; the information required to generate the
public version is already

contained within the confidential version, and applicants need only
redact/remove confidential information that meets the criteria in 15
CFR 705.6 and that the applicants wish to not disclose.
    Because a notice of proposed rulemaking and an opportunity for
prior public comment are not required for this rule by 5 U.S.C. 553, or
by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 705

    Administrative practice and procedure, Business and industry,
Classified information, Confidential business information, Imports,
Investigations, National security.

    For the reasons set forth in the preamble, part 705 of subchapter A
of 15 CFR chapter VII is amended as follows:

PART 705--[AMENDED]

0
1. The authority citation for part 705 continues to read as follows:

    Authority:  Section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273,
December 3, 1979).

0
2. Section 705.5 is amended by revising paragraph (a) to read as
follows:

Sec.  705.5  Request or application for an investigation.

    (a) A request or application for an investigation shall be in
writing. The original, 1 copy and an electronic version of the report
in the form of a Portable Document Format (PDF) file shall be filed
with the Director, Office of Technology Evaluation, Room H-1093, U.S.
Department of Commerce, Washington, DC 20230, with the PDF version
being submitted to<EMAIL_ADDRESS>An application for an
investigation from an interested party that includes information
submitted in confidence in accordance with the procedures of Sec.
705.6 must also include a public version in written and electronic form
containing all non-confidential information and public summaries of
business confidential information as provided below. For persons
seeking to submit business confidential information (trade secrets,
commercial or financial information, or any other information
considered sensitive or privileged), the public version of the
application must contain a summary of the business confidential
information in sufficient detail to permit a reasonable understanding
of the substance of the information. Generally, numerical data will be
considered adequately summarized if grouped or presented in terms of
indices or figures within 10 percent of the actual figure. If an
individual portion of the numerical data is voluminous (e.g., 5 pages
of numerical data), at least one percent of the numerical data,
representative of that portion, must be summarized. If the submitter
claims that summarization is not possible, the claim must be
accompanied by a full explanation of the reason(s). In order to submit
business confidential information that is not for public release or
classified national security information as a separate submission to
the U.S. Department of Commerce, applicants must follow the procedures
specified in Sec.  705.6.

    Note 1 to paragraph (a):  Requests for an investigation from
United States Government agencies need not include a public version.

* * * * *

0
3. Section 705.6 is amended by revising paragraph (a) to read as
follows:

Sec.  705.6  Confidential information.

    (a) This paragraph (a) specifies the requirements for submission of
classified national security information, business confidential
information, and the treatment of United States Government
communications during an investigation under Section 232 of the Trade
Expansion Act of 1962, as amended (a ``Section 232 investigation''), or
as part of a request or application for an investigation.
    (1) Classified national security information. Any information or
material, which the applicant or any other party desires to submit in
confidence at any stage of the investigation or as part of an
application for an investigation, that is classified national security
information (``classified information'') within the meaning of
Executive Order 13526 shall be marked and submitted to the Bureau of
Industry and Security (BIS) in accordance with the guidelines set forth
in 32 CFR part 2001 regarding the handling of classified information.
Before sending classified information, the applicant or any other party
wishing to submit classified information must contact BIS for any
additional handling instructions or submission requirements that may be
applicable by contacting the Director, Office of Technology Evaluation,
Room H-1093, U.S. Department of Commerce, Washington, DC 20230. Any
information or material submitted that is identified as classified
information must be accompanied at the time of submission by a
statement indicating the degree of classification, the authority for
the classification, and the identity of the classifying entity.
Classified national security information described in this paragraph
(a)(1) does not require a public version.
    (2) Business confidential information. Any information or material
submitted electronically, which the applicant or any other party
desires to submit in confidence at any stage of the investigation or as
part of an application for an investigation, that is business
confidential information (trade secrets, commercial or financial
information, or any other information considered sensitive or
privileged) should be contained within a file beginning its name with
the characters ``BC''. Any page containing business confidential
information must be clearly marked ``BUSINESS CONFIDENTIAL'' on the top
of that page, and any pages not containing confidential information
should not be so marked. By submitting information or material
identified as business confidential information, the applicant or other
party represents that the information is exempted from public
disclosure, either by the Freedom of Information Act (5 U.S.C. 552 et
seq.) or by some other specific statutory exemption. Any request for
business confidential treatment must be accompanied at the time of
filing by a statement justifying non-disclosure and referring to the
specific legal authority claimed. The public summary version required
under Sec.  705.5 must be clearly marked ``PUBLIC''. When submitted
electronically, the file name of the non-confidential version should
begin with the character ``P''. The ``P'' should be followed by the
name of the person or entity submitting the information or material.
All filers should name their files using the name of the person or
entity submitting the comments.
    (3) United States Government communications. Communications from
agencies of the United States Government, including but not limited to
requests for investigation submitted pursuant to Sec.  705.5, will
generally not be made available to the public.
* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20526 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Page 77448]
[FR Doc No: 2013-30513]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-2-000]

City of Riverside, California; Notice of Filing

    Take notice that on December 11, 2013, City of Riverside,
California submitted its tariff filing per 35.28(e): 2014 Transmission
Revenue Balancing Account Adjustment/Existing Transmission Contracts
Update to be effective 1/1/2014.
    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. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 2, 2014.

    Dated: December 17, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-30513 Filed 12-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29729-29730]
[FR Doc No: 2023-09674]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-481, OMB Control No. 3235-0538]

Submission for OMB Review; Comment Request; Extension: Form ADV-H

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    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 extension of the previously approved
collection of information discussed below.
    The title for the collection of information is ``Form ADV-H under
the Investment Advisers Act of 1940.'' Form ADV-H (17 CFR 279.3) under
the Investment Advisers Act of 1940 (``Advisers Act'') is the
application that investment advisers use to request a hardship
exemption from making Advisers Act filings electronically with the
Investment Adviser Registration Depository (``IARD'').
    There are two types of hardship exemptions from making Advisers Act
filings through IARD: a temporary hardship exemption and a continuing
hardship exemption. Advisers Act rule 203-3 (17 CFR 275.203-3) sets
forth requirements for both temporary hardship exemptions and
continuing hardship exemptions for advisers registered or registering
with the Commission. Advisers Act rule 204-4(e) (17 CFR 275.204-4(e))
sets forth requirements for temporary hardship exemptions for exempt
reporting advisers.
    A temporary hardship exemption is available to advisers registered
or registering with the Commission, as well as exempt reporting
advisers, if the adviser has unanticipated technical difficulties that
prevent it from submitting a filing to the IARD system. To apply for a
temporary hardship exemption, the adviser must file Form

ADV-H in paper format no later than one business day after the subject
filing was due, and submit the subject filing electronically through
IARD no later than seven business days after the subject filing was
due. The temporary hardship exemption is granted when the adviser files
the completed Form ADV-H.
    A continuing hardship exemption provides an exemption from
electronic filing for no more than one year. It is available to certain
advisers registered or registering with the Commission; it is not
available to exempt reporting advisers. Such adviser must be a small
business and be able to demonstrate that the electronic filing
requirements are prohibitively burdensome or expensive. To apply for a
continuing hardship exemption, an adviser must file Form ADV-H at least
ten business days before a filing is due. The Commission will grant or
deny the application within ten business days after the adviser files
Form ADV-H. If the Commission approves the application, the adviser may
submit filings to FINRA in paper format for the period of time for
which the exemption is granted.
    The purpose of the collection of information is to enable the
Commission to process requests for temporary hardship exemptions and to
determine whether to grant a continuing hardship exemption from the
requirement for advisers to make Advisers Act filings electronically
through IARD.
    Respondents are investment advisers registered or registering with
the Commission, as well as exempt reporting advisers. Based on our
experience and data, we estimate that there are 20,926 respondents,
consisting of 15,414 registered investment advisers and 5,512 exempt
reporting advisers. Of those respondents, we estimate that we would
receive one response annually, and each response would take
approximately one hour to complete. Therefore, we estimate an annual
aggregate burden of one hour for this collection of information.
    The collection of information does not require recordkeeping or
records retention. The collection of information requirements are
mandatory. The information collected is a filing with the Commission,
and is not kept confidential. 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.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by June 7, 2023 to (i) [email protected] and
(ii) David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: May 2, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09674 Filed 5-5-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Page 58988]
[FR Doc No: 2013-22969]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2013-0027; FRL-9819-7]

Louisiana: Final Authorization of State-initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: During a review of Louisiana's regulations, EPA identified a
variety of State-initiated changes to Louisiana's hazardous waste
program under the Resource Conservation and Recovery Act (RCRA), as
amended, for which the State had not previously sought authorization.
EPA proposes to authorize the State for the program changes. In
addition, EPA proposes to codify in the regulations entitled ``Approved
State Hazardous Waste Management Programs'', Louisiana's authorized
hazardous waste program. The EPA will incorporate by reference into the
Code of Federal Regulations (CFR) those provisions of the State
regulations that are authorized and that EPA will enforce under RCRA.

DATES: Send written comments by October 25, 2013.

ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator
(6PD-O), Multimedia Planning and Permitting Division at the address
shown below. You can examine copies of the materials that form the
basis for this authorization and incorporation by reference during
normal business hours at the following location: EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, phone number<PHONE_NUMBER> or
(214) 665-8178. You may also submit comments electronically or through
hand delivery/courier; please follow the detailed instructions in the
ADDRESSES section of the direct final rule which is located in the
Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Alima Patterson or Julia Banks at
(214) 665-8533 or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is authorizing the changes to the
Louisiana program, and codifying and incorporating by reference the
State's hazardous waste program as a direct final rule. The EPA did not
make a proposal prior to the direct final rule because we believe these
actions are not controversial and do not expect comments that oppose
them. We have explained the reasons for this authorization and
incorporation by reference in the preamble to the direct final rule.
Unless we get written comments which oppose this authorization and
incorporation by reference during the comment period, the direct final
rule will become effective on the date it establishes, and we will not
take further action on this proposal. If we get comments that oppose
these actions, we will withdraw the direct final rule and it will not
take effect. We will then respond to public comments in a later final
rule based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time. For additional information, please see the immediate final rule
published in the ``Rules and Regulations'' section of this Federal
Register.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: May 2, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2013-22969 Filed 9-24-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44291-44293]
[FR Doc No: 2020-15877]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-455-000]

Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG
Liquefaction 2, LLC, FLNG Liquefaction 3, LLC; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Noble Gas Project,
and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Noble Gas Project involving
construction and operation of facilities by Freeport LNG Development,
L.P., FLNG Liquefaction, LLC, FLNG Liquefaction 2, LLC, and FLNG
Liquefaction 3, LLC (together referred to as Freeport LNG) in Brazoria
County, Texas. The Commission will use this EA

in its decision-making process to determine whether the project is in
the public interest.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of an authorization. NEPA also requires the
Commission to discover concerns the public may have about proposals.
This process is referred to as scoping. The main goal of the scoping
process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of issues to address in the EA. To ensure that
your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on August 17, 2020.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on May 13, 2020, you will need to file those
comments in Docket No. CP20-455-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a Comment on a
Filing; or
    (3) You can file a paper copy of your comments by mailing them to
the following address using the U.S. Postal Service. Be sure to
reference the project docket number (CP20-455-000) with your
submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be sent to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 2225 Wilkins
Avenue, Rockville, Maryland 20852.

Summary of the Proposed Project

    Freeport LNG requests authorization to site, construct, and operate
modifications to Freeport LNG's existing Pretreatment Facility in
Brazoria County, Texas, to allow for the extraction of helium from the
existing compressed boil-off gas (BOG) pipeline. The Pretreatment
Facility is part of the Freeport LNG Terminal facilities, and is
located about 1.5 miles from the Freeport LNG Terminal facilities on
Quintana Island. The modifications to the Pretreatment Facility include
tie-ins to the BOG pipeline, a firewater system, and a nitrogen utility
unit at the Pretreatment Facility. The purpose is to support the
extraction of helium from the BOG pipeline. These tie-ins, along with a
non-jurisdictional helium extraction and purification plant and
associated non-jurisdictional electric supply tie-in, are referred to
collectively as the Noble Gas Project (Project).
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The Project would be located entirely within Freeport LNG's
existing Pretreatment Facility. Construction would affect about 3.6
acres and operation would affect less than 0.1 acre of land within the
current Pretreatment Facility footprint. A 9.9-acre existing access
road would be used during construction of the Project.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the EA is issued. The EA
may be issued for an allotted public comment period. Commission staff
will consider all comments on the EA before making recommendations to
the Commission. To ensure Commission staff have the opportunity to
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law

and/or special expertise with respect to the environmental issues of
this project to formally cooperate in the preparation of the EA.\3\
Agencies that would like to request cooperating agency status should
follow the instructions for filing comments provided under the Public
Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ The EA for this project will
document findings on the impacts on historic properties and summarize
the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached Mailing
List Update Form (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., CP20-
455). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: July 16, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-15877 Filed 7-21-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Page 1491]
[FR Doc No: 2021-00132]

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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:

    Docket Numbers: RP20-980-003.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Compliance filing ETNG Compliance Filing--Docket No.
RP20-980 to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5029.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-343-001.
    Applicants: Dauphin Island Gathering Partners.
    Description: Tariff Amendment: Negotiated Rate Filing Amendment 12-
31-2020 to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5009.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-351-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: CCRM 2021 to be effective 2/1/
2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5006.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-352-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Compliance filing 2020 Penalty Revenue Crediting
Report.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5008.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-353-000.
    Applicants: Cove Point LNG, LP.
    Description: Sec.  4(d) Rate Filing: Cove Point--Initial PVIC
Filing to be effective 2/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5010.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-354-000.
    Applicants: Northern Border Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agmt--Scout
Energy TQ742F to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5012.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-355-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: TPC 2020-12-31 Negotiated Rate
Agreements to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5013.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-356-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2020-12-31 Negotiated Rate
Agreements to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5014.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-357-000.
    Applicants: Cheyenne Connector, LLC.
    Description: Sec.  4(d) Rate Filing: CC 2020-12-31 Negotiated Rate
Agreement Filing to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5015.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-358-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
(Conoco) to be effective 2/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5018.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-359-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20201231 Negotiated Rate to be
effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5019.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-360-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Sec.  4(d) Rate Filing: Eastern GTS--December 31, 2020
Nonconforming Service Agreement to be effective 2/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5023.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-361-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Shell 911778
eff 01-01-2021 to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5024.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-362-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 01-01-2021 to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5027.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-363-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2- Negotiated Rate
Agreement--Scout Energy Group V to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5036.
    Comments Due: 5 p.m. ET 1/12/21.

    Docket Numbers: RP21-364-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2020-12-31 Non-Conforming
Negotiated Rate Amendment to be effective 1/1/2021.
    Filed Date: 12/31/20.
    Accession Number: 20201231-5046.
    Comments Due: 5 p.m. ET 1/12/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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.
    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: January 4, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-00132 Filed 1-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Proposed Rules]
[Page 45075]
[DOCID:fr02au10-8]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0691; Directorate Identifier 2010-CE-027-AD]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aerospace, Inc. Model EA500
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM); correction.

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

SUMMARY: This document makes a correction to a proposed airworthiness
directive (AD), which was published in the Federal Register on July 9,
2010 (75 FR 39472), and applies to certain Eclipse Aerospace, Inc.
(Eclipse) Model EA500 airplanes. This NPRM proposed to require
incorporating changes to the electronic flight information system and
the airplane flight manuals. The FAA incorrectly referenced the
applicability for Model EA500 airplanes with certain serial numbers
(SNs) of this proposed AD as ``000039 through 000104, 000113 through
000115, 000120, and 000123 through 000124, that incorporate Performance
Enhancement & Drag Reduction Modification per any revision level of
Eclipse SB 500-99-001'' instead of ``000039 through 000104, 000113
through 000115, 000120, and 000123 through 000124, that incorporate
Avionics Upgrade to AVIO NG Configuration for ETT Configured Aircraft
per any revision level of Eclipse SB 500-99-002.'' This document
corrects the aircraft configuration of these applicable SNs. We are
issuing this document to help eliminate any confusion that this
proposed AD may have created.

DATES: We must receive comments on this proposed AD by August 23, 2010,
which is the same comment period as the originally published NPRM.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Eclipse Aerospace, Inc., 2503 Clark Carr Loop, SE., Albuquerque, New
Mexico 87106; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Eric Kinney, Aerospace Engineer, 2601
Meacham Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax:
(817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 1, 2010, the FAA issued an NPRM (75 FR 39472, July 9,
2010), which applies to certain Eclipse Model EA500 airplanes. The NPRM
proposed to require incorporating changes to the electronic flight
information system and the airplane flight manuals.
    In the published NPRM, we incorrectly referenced the applicability
for Model EA500 airplanes with certain serial numbers (SNs) of this
proposed AD as ``000039 through 000104, 000113 through 000115, 000120,
and 000123 through 000124, that incorporate Performance Enhancement &
Drag Reduction Modification per any revision level of Eclipse SB 500-
99-001'' instead of ``000039 through 000104, 000113 through 000115,
000120, and 000123 through 000124, that incorporate Avionics Upgrade to
AVIO NG Configuration for ETT Configured Aircraft per any revision
level of Eclipse SB 500-99-002.''

Need for the Correction

    This correction is needed to correct the applicability for these
SNs and eliminate any confusion that this NPRM may have created.

Correction of Publication

    Accordingly, the publication of July 9, 2010 (75 FR 39472), of
Notice of proposed rulemaking, Docket No. FAA-2010-0691, which was the
subject of FR Doc. 2010-16740, is corrected as follows:

Sec.  39.13  [Corrected]

    On page 39474, in the third column, lines 1 through 6, replace
``000039 through 000104, 000113 through 000115, 000120, and 000123
through 000124, that incorporate Performance Enhancement & Drag
Reduction Modification per any revision level of Eclipse SB 500-99-
001'' with ``000039 through 000104, 000113 through 000115, 000120, and
000123 through 000124, that incorporate Avionics Upgrade to AVIO NG
Configuration for ETT Configured Aircraft per any revision level of
Eclipse SB 500-99-002.''

    Issued in Kansas City, Missouri, on July 27, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18914 Filed 7-30-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18032-18034]
[FR Doc No: 2023-06313]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

Staffing Related Relief Concerning Operations at Ronald Reagan
Washington National Airport, John F. Kennedy International Airport,
LaGuardia Airport, and Newark Liberty International Airport, May 15,
2023, Through September 15, 2023

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

ACTION: Limited waiver of the slot usage requirement.

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

SUMMARY: This action announces a limited, conditional waiver of the
minimum usage requirement that applies to Operating Authorizations or
``slots'' at John F. Kennedy International Airport (JFK), New York
LaGuardia Airport (LGA), and Ronald Reagan Washington National Airport
(DCA) due to post-pandemic effects on Air Traffic Controller (ATC)
staffing at the New York Terminal Radar Approach Control (TRACON)
facility (N90). Carriers will be permitted to voluntarily turn in up to
10 percent of their slots held at JFK and LGA as well as impacted slots
at DCA for the period from May 15, 2023, through September 15, 2023,
subject to the conditions and limitations in this document. In
addition, this action announces a limited policy for prioritizing
returned operations at Newark Liberty International Airport

(EWR) due to post-pandemic effects on ATC staffing at N90 for purposes
of establishing a carrier's operational baseline in the next
corresponding season. Carriers will be permitted to voluntarily turn in
up to 10 percent of their approved operating timings at EWR for the
period from May 15, 2023, through September 15, 2023, subject to the
conditions and limitations in this document. Carriers seeking to take
advantage of this relief must identify the slots and approved operating
timings they wish to turn in before April 30, 2023. This relief is
being provided to give carriers the ability to reduce operations during
the peak summer travel period, which are likely to be exacerbated by
the effects of Air Traffic Controller (ATC) staffing shortfalls.

DATES: This action is effective March 27, 2023.

ADDRESSES: Requests may be submitted by mail to the Slot Administration
Office, System Operations Services, AJR-0, Room 300W, 800 Independence
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this notice
contact: Al Meilus, Slot Administration and Capacity Analysis, FAA ATO
System Operations Services, AJR-G5, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
2822; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The New York Terminal Radar Approach Control facility (N90)
provides ATC services to overhead flights in the North East corridor
and to the New York airports--JFK, LGA, and EWR. The airspace
complexity resulting from the close proximity of the major commercial
airports serving the New York City region is a significant contributing
factor to delays at JFK, LGA, and EWR. Against this already challenging
backdrop, according to FAA data, nationwide Certified Professional
Controller (CPC) staffing averages 81 percent while N90 is maintained
at about 54 percent of its CPC staffing target. FAA acknowledges that
temporary safety mitigations put in place in response to the COVID-19
pandemic impacted controller training. Dedicated training initiatives
have been successful in reducing most of the training backlog with the
exception of N90. The staffing shortfalls at N90 limit the FAA's
ability to provide expeditious services to aircraft operators and their
passengers that traverse this airspace.
    During the period of May 2022 through September 2022, the total
number of instances of delay to operations from JFK, LGA, and EWR
totaled 41,498, with effects throughout the NAS and for which staffing
was a contributing factor. Notwithstanding FAA's efforts to address N90
CPC staffing, the staffing rate for N90 has not improved and at the
same time early carrier schedules indicate an increase in operations.
This being the case, for summer 2023 the FAA expects increased delays
in the New York region over summer 2022. Specifically, ATO modeling
indicates operations at the New York airports is projected to increase
by seven (7) percent, which FAA projects will result in overall delays
increasing by 45 percent.\1\ These projections are consistent with the
50 percent increase in the number of ground delay programs (GDPs)
observed in January and February 2023 compared to the same months in
2022 at the same airports.\2\ The FAA is progressing towards a solution
to the N90 staffing issues, based on moving responsibility for the
Newark, New Jersey radar sector from N90 to the Philadelphia TRACON
(PHL). Training for this sector move is slated to begin in September of
this year and will take time to complete for cutover of
responsibilities to PHL. Accordingly, this solution will not resolve
the anticipated operational impacts in the summer 2023 scheduling
season.
---------------------------------------------------------------------------

    \1\ ASV studies are conducted by the Slot Administration and
Capacity Analysis Group (AJR-G5) at the FAA's William J. Hughes
Technical Center. ASV analysis considers multiple runway
configurations, weighted by the frequency of occurrence, and
utilizes an estimation of weather conditions for each configuration
in its calculation. The resulting demand-delay curve can be used to
estimate the average delay that results at a given level of demand.
    \2\ Aviation System Performance Metrics (ASPM): Key Advisories:
GDP & GS Report. ASPM data can be viewed on the FAA Operations &
Performance Data website (http://aspm.faa.gov/).
---------------------------------------------------------------------------

Standard

    At JFK and LGA, each slot must be used at least 80 percent of the
time.\3\ Slots not meeting the minimum usage requirements will be
withdrawn. The FAA may waive the 80 percent usage requirement in the
event of a highly unusual and unpredictable condition that is beyond
the control of the slot-holding air carrier and which affects carrier
operations for a period of five consecutive days or more.\4\
---------------------------------------------------------------------------

    \3\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161(Oct. 28, 2022); Operating Limitations at New
York LaGuardia Airport, 87 FR 65159 (Oct. 28, 2022).
    \4\ At JFK, historical rights to operating authorizations and
withdrawal of those rights due to insufficient usage will be
determined on a seasonal basis and in accordance with the schedule
approved by the FAA prior to the commencement of the applicable
season. See JFK Order, 87 FR at 65163. At LGA, any operating
authorization not used at least 80 percent of the time over a two-
month period will be withdrawn by the FAA. See LGA Order, 87 FR at
65160.
---------------------------------------------------------------------------

    At DCA, any slot not used at least 80 percent of the time over a
two-month period will also be recalled by the FAA.\5\ The FAA may waive
this minimum usage requirement in the event of a highly unusual and
unpredictable condition that is beyond the control of the slot-holding
carrier and which exists for a period of nine or more days.\6\
---------------------------------------------------------------------------

    \5\ See 14 CFR 93.227(a).
    \6\ See 14 CFR 93.227(j).
---------------------------------------------------------------------------

    When deciding historical rights to allocated slots, including
whether to grant a waiver of the usage requirement, the FAA seeks to
ensure the efficient use of valuable aviation infrastructure and
maximize the benefits to both airport users and the traveling public.
This minimum usage requirement is expected to accommodate routine
cancellations under all but the most unusual circumstances. Carriers
proceed at risk if they decide slot usage in anticipation of the FAA
granting a slot usage waiver.

Analysis

    Due to the amount of connecting flights in the New York region as
well as the interdependency and complexity of the airspace surrounding
EWR, JFK and LGA, delays caused by N90 staffing shortfalls could have
significant impacts in the upcoming Summer traffic season. Absent
increased flexibility, there exists a high probability congestion and
delay at JFK, LGA, and EWR during significant NAS impact days (e.g.,
holiday travel spike, adverse weather) could be exacerbated by N90
staffing shortfalls.
    Typically, cancellations due to ATC staffing delays are accounted
for by the 20 percent non-utilization allowed under the minimum usage
requirement; however, due to the extent of N90 staffing shortfalls and
the increase in scheduled operations, the effects of N90 staffing
shortfalls are a highly unusual and unpredictable condition beyond the
control of carriers that will impact operations through the summer 2023
scheduling season. A waiver of minimum slot usage requirements at JFK
and LGA, and a similar policy of prioritizing returned operations at
EWR, is necessary to allow carriers to reduce operations to enable
scheduling and operational stability during significant NAS impact days
through the summer

2023 season. A reduction in the operational volume at the New York
airports would also aid in reducing the severity of significant NAS
impact days.
    In addition, because New York-DCA is a high frequency market for
multiple carriers, the FAA recognizes this market is a likely target
for carriers to consolidate flights while retaining their network
connectivity. If carriers choose to reduce their schedules in the New
York-DCA market, the FAA encourages carriers to utilize their DCA slots
to operate to other destinations, to the extent that is practical.
However, if carriers are unable to utilize their DCA slots elsewhere,
it would be necessary to provide relief to DCA slots that are impacted
by the reduction in operations at the New York airports.
    Finally, carriers should be aware that the N90 staffing shortfalls
will not form a sufficient basis for relief going forward because
carriers will have had sufficient opportunity to plan and take remedial
action under this waiver policy. The FAA does not foresee providing
additional post-hoc relief associated with ATC staffing given the
extraordinary relief provided here. Given this relief, operational
impacts associated with N90 staffing during the summer 2023 scheduling
season will not have been beyond the carriers control and will not
serve as a valid basis for a waiver.

Decision

    The FAA has determined the post-pandemic effects on N90 staffing
meets the applicable waiver standards and warrants a limited waiver of
minimum slot usage requirements at JFK and LGA to allow carriers to
return up to 10 percent of their slots at each airport voluntarily as
well as impacted operations between DCA and the New York airports. In
addition, the FAA has determined the post-pandemic effects on N90
staffing warrants a limited policy for prioritizing returned operations
at EWR to allow carriers to return 10 percent of their approved
operating timings voluntarily, for purposes of establishing a carrier's
operational baseline in the next corresponding season. Carriers wishing
to return their slots and approved operating timings voluntarily must
do so before April 30, 2023 to be eligible for this waiver. If carriers
participating in this limited waiver at EWR subsequently operate
unapproved flights at that airport, those carriers will forfeit their
scheduling preference to an equal number of returned approved operating
timings chosen at the FAA's discretion for the subsequent equivalent
traffic season. Additionally, any other relief from minimum slot usage
requirements or standard level 2 processes already in effect at JFK,
LGA, or EWR will factor into the 10 percent of allowable returns. In
other words, any returns made under a relief policy already in effect
when this notice is published will count towards the carrier's 10
percent of allowable returns. Further, the FAA encourages carriers to
up-gauge aircraft serving the affected airports to the extent possible
to maintain passenger throughput and minimally impact consumers.
    The FAA will not reallocate the returned slots or approved
operating timings at JFK, LGA, or EWR, as the goal is to reduce the
volume of operations in the New York region. Carriers are encouraged to
utilize their DCA slots in other markets before returning them to the
FAA. In the event DCA slots are returned under this waiver, other
carriers will have an opportunity to operate the slots on an ad hoc
basis without historic precedence to serve markets other than New York.
    The FAA will treat as used the specific slots returned in
accordance with the conditions in this document for the period from May
15, 2023, through September 15, 2023. The relief is subject to the
following conditions:
    1. The specific slots and approved operating timings must be
returned to the FAA before April 30, 2023.
    2. This waiver applies only to slots that have corresponding,
scheduled operations during the period of the grant. A carrier
temporarily returning a slot to FAA for relief under this waiver must
identify corresponding scheduled operation. FAA may validate
information against published schedule data as of March 14, 2023, and
other operational data maintained by FAA. Slots returned without an
associated scheduled and cancelled operation will not receive relief.
    3. Slots or approved operating timings newly allocated for initial
use before October 28, 2023, are not eligible for relief.
    4. Slots authorized at DCA by Department of Transportation or FAA
exemptions are not eligible for relief.

    Issued in Washington, DC, on March 22, 2023.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2023-06313 Filed 3-22-23; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40844-40845]
[DOCID:fr14jy10-94]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0321]

Town Hall Discussion With the Director of the Center for Devices
and Radiological Health and Other Senior Center Management

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

    The Food and Drug Administration (FDA) is announcing a public
meeting entitled: ``Town Hall Discussion With the Director of the
Center for Devices and Radiological Health and Other Senior Center
Management.'' The purpose of this meeting is to present the Center for
Devices and Radiological Health (CDRH) Fiscal Year (FY) 2010
Priorities. In addition, FDA is interested in engaging in discussions
about issues that are of importance to the medical device industry.
    Date and Time: The public meeting will be held on October 7, 2010,
from 8 a.m. to 12 noon.
    Location: The public meeting will be held at the Hilton Irvine/
Orange County Airport Hotel, 18800 MacArthur Blvd., Irvine, CA 92612.
The meeting will not be videotaped or webcast.
    Contact: Heather Howell, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Avenue, Bldg.
66, rm. 4320, Silver Spring, MD 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Registration and Requests for Oral Presentations: If you wish to
attend the public meeting, you must register online at http://
www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/
ucm215113.htm. Those without Internet access may contact Heather Howell
(see Contact).
    Provide complete contact information for each attendee, including
name, title, company or organization, address, email, telephone and fax
number. Registration requests must be received by 5 p.m. on Wednesday,
September 22, 2010.
    If you wish to make an oral presentation during any of the
discussions at the meeting (see section II of this document, Public
Meeting), you must indicate this at the time of registration. FDA will
do its best to accommodate requests to speak. Individuals and
organizations with common interests are urged to consolidate or
coordinate their presentations, and to request time for a joint
presentation. FDA will determine the amount of time allotted to each
presenter and the approximate time that each oral presentation is
scheduled to begin.
    Registration is free and will be on a first-come, first-served
basis. Early registration is recommended because seating is limited.
FDA may limit the number of participants from each organization based
on space limitations. Registrants will receive confirmation once they
have been accepted. Onsite registration on the day of the public
meeting will be provided on a space-available basis beginning at 7 a.m.
    If you need special accommodations due to a disability, please
contact Susan Monahan at<PHONE_NUMBER> or by email:
<EMAIL_ADDRESS>at least 7 days in advance.
    Comments: FDA is holding this public meeting to share information
and discuss issues of importance to the medical device industry. CDRH
is specifically interested in addressing the following question: What
mechanism(s) would you prefer or suggest for FDA to

engage with industry? The deadline for responding to this question and
for submitting other comments related to this public meeting is
September 22, 2010.
    Regardless of attendance at the public meeting, interested persons
may submit either electronic or written comments regarding this
document. Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville MD 20852. It is only necessary to send one set of comments.
It is no longer necessary to send two copies of mailed comments.
Identify comments with the docket number found in brackets in the
heading of this document. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

I. Background

    CDRH has announced four priority areas of activity for FY 2010,
each of which presents significant opportunities to improve the
Center's effectiveness in fulfilling our public health mission. More
information, including specific goals and actions associated with each
priority, is available under ``CDRH Strategic Planning'' at
www.fda.gov/AboutFDA/CentersOffices/CDRH.

II. Public Meeting

    The objective of this public meeting is to present the CDRH FY 2010
priorities. In addition, FDA is interested in engaging in discussions
about issues that are of importance to the medical device industry.
CDRH wishes to obtain feedback/ideas for facilitating two-way
communication between CDRH and the medical device industry.
    The meeting will open with an introduction of CDRH Senior Staff in
attendance. Following introductions, Dr. Jeffrey Shuren, the Director
of CDRH, will present the FY 2010 CDRH priorities. Industry
representatives and other members of the public will then be given the
opportunity to present comments to CDRH Senior Staff. Attendees from
CDRH may respond to questions presented by industry and other members
of the public.
    In advance of the meeting, additional information, including a
meeting agenda with a speakers' schedule, will be made available on the
Internet. This information will be placed on file in the public docket
(docket number found in brackets in the heading of this document),
which is available at http://www.regulations.gov. This information will
also be available at http://www.fda.gov/MedicalDevices/NewsEvents/
WorkshopsConferences/default.htm (select the appropriate meeting from
the list).

III. Transcripts

    Please be advised that as soon as a transcript is available, it
will be accessible at http://www.regulations.gov. The transcript may be
viewed at the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD. A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to Division of Freedom of Information (HFI-35), Office
of Management Programs, Food and Drug Administration, 5600 Fishers
Lane, rm. 6-30, Rockville, MD 20857.

    Dated: July 8, 2010.
Nancy Stade,
Acting Associate Director for Regulations and Policy, Center for
Devices and Radiological Health.
[FR Doc. 2010-17068 Filed 7-13-10; 8:45 am]
BILLING CODE 4160-01-S