[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37747-37750]
[FR Doc No: 2014-15367]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1525]

Bulk Drug Substances That May Be Used To Compound Drug Products
in Accordance With Section 503A of the Federal Food, Drug, and Cosmetic
Act; Revised Request for Nominations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; revised request for nominations.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is preparing
to develop a list of bulk drug substances (active ingredients) that may
be used to compound drug products in accordance with section 503A of
the Federal Food, Drug, and Cosmetic Act (the FD&C Act), although they
are neither the subject of a United States Pharmacopeia (USP) or
National Formulary (NF) monograph nor components of FDA-approved drugs.
In response to a notice published in the Federal Register of December
4, 2013, interested groups and individuals previously nominated a wide
variety of substances for this list. However, many of those nominations
either were for a substance that is already the subject of a USP
monograph or a component of an FDA-approved drug, were not for bulk
drug substances used in compounding as active ingredients, or did not
include sufficient information to justify inclusion of the nominated
substance on the list. To improve the efficiency of the process for
developing the list of bulk drug substances that may be used to
compound drug products under section 503A, FDA is providing more
detailed information on what it needs to evaluate a nomination. Because
the deadline for nominations has passed, FDA is reopening the
nomination process so that interested persons can submit nominations of
bulk drug substances that are not the subject of a USP or NF monograph
or a component of an FDA-approved drug. Interested persons will also
have the opportunity to provide adequate support to justify placement
of the substances on the list. Bulk drug substances that were
previously nominated will not be further considered unless they are
renominated and those nominations are adequately supported. Substances
that are already eligible for use in compounding or that are not
adequately supported will not be placed on the list.

DATES: Submit written or electronic nominations for the bulk drug
substances list by September 30, 2014.

ADDRESSES: You may submit nominations, identified by Docket No. FDA-
2013-N-1525, by any of the following methods.

Electronic Submissions

    Submit electronic nominations in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting ``comments.''

Written Submissions

    Submit written nominations in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2013-N-1525 for this request for nominations. All
nominations received may be posted without change to http://www.regulations.gov, including any personal information provided. For
additional information on submitting nominations, see the ``Request for
Nominations'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: For access to the docket to read background documents or
nominations received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Emily Helms Williams, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6280, Silver Spring, MD 20993-0002, 301-
796-3381.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 503A of the FD&C Act (21 U.S.C. 353a) describes the
conditions under which a compounded drug product may be entitled to an
exemption from certain sections of the FD&C Act. Those conditions
include that the licensed pharmacist or licensed physician compounds
the drug product using bulk drug substances that (1) comply with the
standards of an applicable USP or NF monograph, if a monograph exists,
and the USP chapter on pharmacy compounding; (2) if such a monograph
does not exist, are drug substances that are components of drugs
approved by the Secretary; or (3) if such a monograph does not exist
and the drug substance is not a component of a drug approved by the
Secretary, that appear on a list developed by the Secretary through
regulations issued by the Secretary under subsection (c) of section
503A. See section 503A(b)(1)(A)(i) of the FD&C Act. Under section
503A(c)(2), the criteria for determining which substances should appear
on the 503A bulk drugs list ``shall include historical use, reports in
peer reviewed medical literature, or other criteria the Secretary may
identify.''
    Section 503A refers to the definition of ``bulk drug substance'' in
FDA regulations at Sec.  207.3(a)(4) (21 CFR 207.3(a)(4)). See section
503A(b)(1)(A) of the FD&C Act. As defined in

Sec.  207.3(a)(4), a ``bulk drug substance'' is any substance that is
represented for use in a drug and that, when used in the manufacturing,
processing, or packaging of a drug, becomes an active ingredient or a
finished dosage form of the drug, but the term does not include
intermediates used in the synthesis of such substances.
    An ``active ingredient'' is any component that is intended to
furnish pharmacological activity or other direct effect in the
diagnosis, cure, mitigation, treatment, or prevention of disease, or to
affect the structure or any function of the body of man or other
animals. The term includes those components that may undergo chemical
change in the manufacture of the drug product and be present in the
drug product in a modified form intended to furnish the specified
activity or effect. See 21 CFR 210.3(b)(7).
    Any component other than an active ingredient is an ``inactive
ingredient.'' See 21 CFR 210.3(b)(8). Inactive ingredients used in
compounded drug products, which commonly include flavorings, dyes,
diluents, or other excipients, need not appear on the Secretary's list
of bulk drug substances to be eligible for use in compounding drug
products and will not be included on the list.
    In a notice dated November 27, 2013 (the November 27, 2013,
notice), published in the Federal Register of December 4, 2013 (78 FR
72841), FDA requested nominations for specific bulk drug substances for
the Agency to consider placing on the list. In response to that
request, 115 comments were submitted to the docket, most of which
nominated substances for inclusion on the bulk drug substances list.
Some comments nominated several hundred substances, and approximately
10 comments nominated thousands of substances, including en bloc
nominations of substances listed in the British Pharmacopeia, the
European Pharmacopeia, the Japanese Pharmacopeia, the Food Chemicals
Codex, the Homeopathic Pharmacopeia of the United States, and the USP
Dietary Supplements Compendium. Several submissions referenced a
spreadsheet entitled ``OTC Active Ingredients,'' available on FDA's Web
site at http://www.fda.gov/downloads/AboutFDA/CentersOffices/CDER/UCM135688.pdf. Those submissions nominated all of the ingredients on
the spreadsheet, which numbered over 1,700 entries.\1\
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    \1\ The total number of unique ingredients on the spreadsheet
available on FDA's Web site and the nominations that mirrored that
document is lower than this total because the same substances were
listed separately for different indications, according to how they
are listed in the over-the-counter (OTC) monographs and regulations.
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    However, many of the nominated substances are typically inactive
ingredients or foods. Some commonly used inactive ingredients are
occasionally used as the active ingredient in a drug product. See 55 FR
46914 at 46916, November 7, 1990 (noting that 21 CFR 310.545 only
affects the use of the listed ingredients as active ingredients for the
specific indications, and that some of the ingredients listed in the
rule, such as sorbitol, sugars, and eucalyptol, have valid uses as
inactive ingredients). Ingredients commonly used as inactive
ingredients in compounded drug products, such as flavorings, dyes,
diluents, or other excipients, need not appear on the Secretary's list
of bulk drug substances to be eligible for use as an inactive
ingredient in compounded drug products, should not be nominated, and
will not be included on the list. All nominations must demonstrate how
the ingredient is used as an active ingredient in a particular
compounded drug product.
    Additionally, many of the nominated substances are already eligible
for use in compounded drug products, namely, those that are components
of approved products or are the subject of a USP or NF monograph.
Substances that are in one of those two categories need not appear on
the list of bulk drug substances to be used in compounded drug
products.
    Further, many of the nominations did not include sufficient
information for the Agency to evaluate whether the substance is
appropriate for use in compounded drug products. As stated previously,
under section 503A(c)(2) of the FD&C Act, the criteria for determining
which substances should appear on the 503A bulk drugs list shall
include historical use, reports in peer reviewed medical literature, or
other criteria the Secretary may identify. Based on this statutory
language and prior consultations with the USP and the Pharmacy
Compounding Advisory Committee,\2\ FDA is proposing to examine the
following four criteria when determining whether a bulk drug substance
is appropriate for use in compounded drug products: (1) The physical
and chemical characterization of the substance; (2) any safety issues
raised by the use of the substance in compounded drug products; (3)
historical use of the substance in compounded drug products, including
information about the medical condition(s) the substance has been used
to treat and any references in peer-reviewed medical literature; and
(4) the available evidence of effectiveness or lack of effectiveness of
a drug product compounded with the substance, if any such evidence
exists. Therefore, to qualify for placement on the list, it is
necessary to identify this information about the nominated substances.
FDA will evaluate the nominated substances in consultation with the
Pharmacy Compounding Advisory Committee.
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    \2\ See 64 FR 996, January 7, 1999 (proposed rule listing bulk
drug substances that may be used in pharmacy compounding). This
proposed rule was withdrawn in the November 27, 2013, notice but
sets forth additional background about the criteria used in the
evaluation of nominated bulk drug substances.
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    The November 27, 2013, notice requested that nominations include
``[i]nformation about the past and proposed use(s) of the compounded
product(s), including the rationale for its use or why the compounded
product(s), as opposed to an FDA-approved product, is necessary.''
However, many comments to the docket did not provide any information in
response to this request. The nominators of the en bloc submissions
provided no justification for listing any of the specific substances on
the list. To the extent information about the rationale for compounding
with a bulk drug substance was provided in individual nominations, many
of the comments to the docket included only a brief statement about the
use of the compounded drug product and a statement that the product is
not available as a commercially made drug. Such statements do not
provide sufficient information for FDA to determine whether the
nominated bulk drug substance is appropriate for use in compounded drug
products. Because the information submitted with previous nominations
was insufficient, FDA is unable to determine whether those substances
should be included on the list.
    To improve the efficiency of the process for developing the list of
bulk drug substances that may be used to compound drug products under
section 503A, and because the deadline for submitting nominations has
passed, FDA is reopening the nomination process so that interested
persons have the opportunity to submit nominations of bulk drug
substances and provide adequate support for placing them on the list.
FDA will be able to evaluate only those bulk drug substances submitted
in response to this notice that are supported with adequate data and
information, as described in section II.
    Bulk drug substances that were previously nominated will not be

further considered unless they are renominated and adequately
supported. Substances that are not adequately supported will not be
placed on the list. FDA expects the submissions for each bulk drug
substance to provide the information described in section II. For
example, nominations must include sufficient information to demonstrate
that a particular ingredient meets the definition of ``bulk drug
substance,'' as defined in Sec.  207.3(a)(4). See section 503A(b)(1)(A)
of the FD&C Act. The identification of an ingredient as an ``active
ingredient'' in a regulation, or on a spreadsheet such as the one
listing ``OTC Active Ingredients,'' is not sufficient to demonstrate
that a substance is a bulk drug substance for purposes of the 503A
list. En bloc nominations of substances listed in compendia,
pharmacopeia, or similar reference materials cannot be placed on the
list unless the Agency receives adequate information for each bulk drug
substance to justify its placement on the list. FDA will only be able
to consider bulk drug substances that are supported with the
information requested.
    In section II, FDA identifies the type of information needed to
support a nomination to the 503A list.

II. Request for Nominations

    Interested groups and individuals may nominate specific bulk
substances for inclusion on the list. Nominations will only be
evaluated if they are for specific active ingredients that meet the
definition of a bulk drug substance in Sec.  207.3(a)(4), are not for
components of approved products, and are not for the subject of a USP
or NF monograph. To fully evaluate a bulk drug substance, FDA needs the
following information about both the bulk drug substance being
nominated and the drug product(s) that will be compounded using such
substance:

A. Confirmation That the Nominated Substance Is a Bulk Drug Substance
and Is Not Already Eligible for 503A Compounding

     A statement that the nominated substance is an active
ingredient that meets the definition of ``bulk drug substance'' in
Sec.  207.3(a)(4), and an explanation of why the substance is
considered an active ingredient when it is used in the identified
compounded drug product(s), citing to specific sources that describe
the active properties of the substance.
     A statement that the nominator has searched for the active
ingredient in all three sections of the Orange Book (for prescription
drug products, over-the-counter drug products, and discontinued drug
products), available at http://www.accessdata.fda.gov/scripts/cder/ob/docs/queryai.cfm, and the drug substance did not appear in any of those
searches, confirming that the substance is not a component of any FDA-
approved product.
     A statement that the nominator has searched USP and NF
monographs, available at http://www.uspnf.com, and the drug substance
is not the subject of such a monograph.

B. General Background on the Bulk Drug Substance

     Ingredient name;
     Chemical name;
     Common name(s);
     Identifying codes, as available, from FDA's Unique
Ingredient Identifiers (UNII) used in the FDA/USP Substance
Registration System, available at http://fdasis.nlm.nih.gov/srs/.
Because substance names can vary, this code, where available, will be
used by the Agency to confirm the exact substance nominated and to
identify multiple nominations of the same substance so the information
can be reviewed together.
     Chemical grade of the ingredient;
     Description of the strength, quality, stability, and
purity of the ingredient;
     Information about how the ingredient is supplied (e.g.,
powder, liquid); and
     Information about recognition of the substance in foreign
pharmacopeias and the status of its registration(s) in other countries,
including whether information has been submitted to USP for
consideration of monograph development.

C. Information on the Drug Product That Will Be Compounded With the
Bulk Drug Substance

     Information about the dosage form(s) into which the bulk
drug substance will be compounded;
     Information about the strength(s) of the compounded drug
product(s);
     Information about the anticipated route(s) of
administration of the compounded product(s);
     A bibliography of safety and efficacy data for the drug
compounded using the nominated substance, if available,\3\ including
any relevant peer-reviewed medical literature; and
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    \3\ FDA recognizes that the available safety and efficacy data
supporting consideration of a bulk drug substance for inclusion on
the list may not be of the same type, amount, or quality as is
required to support a new drug application.
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     Information about the past and proposed use(s) of the
compounded drug product(s), including the rationale for its use and why
the compounded product(s), as opposed to an FDA-approved product, is
necessary. Information on the rationale for use of the bulk drug
substance and why a compounded drug product is necessary must be
specific to the compounded drug product at issue. General or
boilerplate statements regarding the need for compounded drug products
or the benefits of compounding generally will not be considered
sufficient to address this issue.

D. Nomination Process

    Because the deadline for submitting nominations has passed, FDA is
reopening the nomination process so that interested persons can submit
nominations of bulk drug substances and have the opportunity to provide
adequate support for placing them on the list. Bulk drug substances
that were previously nominated need to be renominated. Nominators are
encouraged to submit as much of the information identified in this
document as possible. Unless adequate supporting data is received for a
bulk drug substance, FDA will be unable to consider it further for
inclusion on the list. Individuals and organizations will be able to
comment on nominated substances after the nomination period has closed
or petition FDA to make additional list amendments after the list is
published, in accordance with 21 CFR 10.30.
    For efficient consolidation and review of nominations, nominators
are encouraged to submit their nominations in an editable Excel file.
Specifically, nominators are encouraged to format their nominations as
follows:

------------------------------------------------------------------------
     Column A--What information is        Column B--Put data specific to
               requested?                    the nominated substance
------------------------------------------------------------------------
What is the name of the nominated        Provide the ingredient name.
 ingredient?.
Is the ingredient an active ingredient   Provide an explanation for why
 that meets the definition of ``bulk      it is considered an active
 drug substance'' in Sec.                 ingredient when it is used in
 207.3(a)(4)?                             specific compounded drug
                                          products, and provide
                                          citations to specific sources
                                          that describe its active
                                          properties.

Is the ingredient listed in any of the   Confirm whether the ingredient
 three sections of the Orange Book?       is a component of an FDA-
                                          approved product.
Were any monographs for the ingredient   Confirm whether the ingredient
 found in the USP or NF monographs?       is the subject of a USP or NF
                                          monograph.
What is the chemical name of the         Chemical name.
 substance?.
What is the common name of the           Common name.
 substance?.
Does the substance have a UNII Code?...  UNII code.
What is the chemical grade of the        Provide the chemical grade.
 substance?.
What is the strength, quality,           Provide the strength, quality,
 stability, and purity of the             stability, and purity
 ingredient?.                             information.
How is the ingredient supplied?........  Describe how the ingredient is
                                          supplied (e.g., powder,
                                          liquid).
Is the substance recognized in foreign   List the foreign pharmacopeias
 pharmacopeias or registered in other     or other countries in which it
 countries?                               is registered.
Has information been submitted about     Put yes, no, or unknown. If
 the substance to the USP for             yes, state the status of the
 consideration of monograph               monograph, if known.
 development?
What dosage form(s) will be compounded   State the dosage form(s).
 using the bulk drug substance?
What strength(s) will be compounded      List the strength(s) of the
 from the nominated substance?            drug product(s) that will be
                                          compounded from the nominated
                                          substance, or a range of
                                          strengths, if known.
What are the anticipated route(s) of     List the route(s) of
 administration of the compounded drug    administration of the
 product(s)?                              compounded drug product(s).
Are there safety and efficacy data on    Provide a bibliography of
 compounded drugs using the nominated     safety and efficacy data for
 substance?                               the drug compounded using the
                                          nominated substance, if
                                          available, including any
                                          relevant peer-reviewed medical
                                          literature.
Has the bulk drug substance been used    Describe past uses of the bulk
 previously to compound drug              drug substance in compounding.
 product(s)?
What is the proposed use for the drug    Provide information on the
 product(s) to be compounded with the     proposed use of the compounded
 nominated substance?                     drug product.
What is the reason for use of a          Provide a rationale for the use
 compounded drug product rather than an   of a compounded drug product.
 FDA-approved product?
Is there any other relevant              Provide any other information
 information?                             you would like FDA to consider
                                          in evaluating the nomination.
------------------------------------------------------------------------

    Interested persons may submit either electronic nominations to
http://www.regulations.gov or written nominations to the Division of
Dockets Management (see ADDRESSES). It is only necessary to send one
set of nominations. Identify nominations with the docket number found
in the brackets in the heading of this document. Received nominations
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 25, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-15367 Filed 7-1-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Notices]
[Page 49061-49063]
[DOCID:fr25se09-153]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

AEI Transportation Holdings, Inc.; The Alcar Chemicals Group,
Inc.; China Adnet Enterprises Inc.; Innolife Pharma, Inc.; KSW
Industries, Inc.; Level Vision Electronics, Ltd.; Life Exchange, Inc.;
Lotta Coal, Inc.; Magellan Energy Ltd.; Marinas International, Inc.;
Microlink Solutions, Inc.; UDS Group, Inc.; United Environmental Energy
Corp.; Uptrend Corp.; VShield Software Corp.; World Hockey Association
Corp.; WW Energy, Inc.; Order of Suspension of Trading

September 23, 2009.

    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
AEI Transportation Holdings, Inc., which are quoted on the Pink OTC
Markets under the prior name of Doll Technology Group, Inc. using the
ticker symbol DTGP. Trading in the securities of AEI Transportation
Holdings, Inc. appears to be predicated on apparent

misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
reinstating the corporation without authority, and then by obtaining a
new CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
The Alcar Chemicals Group, Inc., which trade in the grey market under
the ticker symbol ALCX. Trading in the securities of The Alcar
Chemicals Group, Inc. appears to be predicated on apparent
misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
incorporating a new entity using the same name, and then by obtaining a
new CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Adnet Enterprises, Inc., which are quoted on the Pink OTC Markets
under the ticker symbol CAEJ. Trading in the securities of China Adnet
Enterprises, Inc. appears to be predicated on apparent misstatements.
Certain persons appear to have usurped the identity of a defunct or
inactive publicly-traded corporation, initially by incorporating a new
entity using the same name, and then by obtaining a new CUSIP number
and ticker symbol based on the apparently false representation that
they were duly authorized officers, directors and/or agents of the
original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Innolife Pharma, Inc., which are quoted on the Pink OTC Markets under
the ticker symbol INNP. Trading in the securities of Innolife Pharma,
Inc. appears to be predicated on apparent misstatements. Certain
persons appear to have usurped the identity of a defunct or inactive
publicly-traded corporation, initially by incorporating a new entity
using the same name, and then by obtaining a new CUSIP number and
ticker symbol based on the apparently false representation that they
were duly authorized officers, directors and/or agents of the original
publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
KSW Industries, Inc., which trade in the grey market under the ticker
symbol KSWJ. Trading in the securities of KSW Industries, Inc. appears
to be predicated on apparent misstatements. Certain persons appear to
have usurped the identity of a defunct or inactive publicly-traded
corporation, initially by incorporating a new entity using the same
name, and then by obtaining a new CUSIP number and ticker symbol based
on the apparently false representation that they were duly authorized
officers, directors and/or agents of the original publicly-traded
corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Level Vision Electronics, Ltd., which are quoted on the Pink OTC
Markets under the ticker symbol LVLV. Trading in the securities of
Level Vision Electronics, Ltd. appears to be predicated on apparent
misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
incorporating a new entity using the same name, and then by obtaining a
new CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Life Exchange, Inc. which are quoted on the Pink OTC Markets and OTC
Bulletin Board under the ticker symbol LFXG. Trading in the securities
of Life Exchange, Inc. appears to be predicated on apparent
misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
reinstating the company without authority, and then by obtaining a new
CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Lotta Coal, Inc., which are quoted on the Pink OTC Markets under the
ticker symbol LCOL. Trading in the securities of Lotta Coal, Inc.
appears to be predicated on apparent misstatements. Certain persons
appear to have usurped the identity of a defunct or inactive publicly-
traded corporation, initially by incorporating a new entity using the
same name, and then by obtaining a new CUSIP number and ticker symbol
based on the apparently false representation that they were duly
authorized officers, directors and/or agents of the original publicly-
traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Magellan Energy Ltd., which are quoted on the Pink OTC Markets under
the ticker symbol MGLG. Trading in the securities of Magellan Energy
Ltd. appears to be predicated on apparent misstatements. Certain
persons appear to have usurped the identity of a defunct or inactive
publicly-traded corporation, initially by incorporating a new entity
using the same name, and then by obtaining a new CUSIP number and
ticker symbol based on the apparently false representation that they
were duly authorized officers, directors and/or agents of the original
publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Marinas International, Inc., which trade in the grey market under the
ticker symbol MNSI. Trading in the securities of Marinas International,
Inc. appears to be predicated on apparent misstatements. Certain
persons appear to have usurped the identity of a defunct or inactive
publicly-traded corporation, initially by incorporating a new entity
using the same name, and then by obtaining a new CUSIP number and
ticker symbol based on the apparently false representation that they
were duly authorized officers, directors and/or agents of the original
publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Microlink Solutions, Inc., which trade in the grey market under a prior
name, Pocketop Corp., using the ticker symbol PKTO. Trading in the
securities of Microlink Solutions, Inc. appears to be predicated on
apparent misstatements. Certain persons appear to have usurped the
identity of a defunct or inactive publicly-traded corporation,
initially by incorporating a new entity using the same name, and then
by obtaining a new CUSIP number and ticker symbol based on the
apparently false

representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
UDS Group, Inc., which are quoted on the Pink OTC Markets under the
ticker symbol UDSG. Trading in the securities of UDS Group, Inc.
appears to be predicated on apparent misstatements. Certain persons
appear to have usurped the identity of a defunct or inactive publicly-
traded corporation, initially by reinstating the company without
authorization, and then by obtaining a new CUSIP number and ticker
symbol based on the apparently false representation that they were duly
authorized officers, directors and/or agents of the original publicly-
traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
United Environmental Energy Corp., which are quoted on the Pink OTC
Markets under the ticker symbol UTEM. Trading in the securities of
United Environmental Energy Corp. appears to be predicated on apparent
misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
incorporating a new entity using the same name, and then by obtaining a
new CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Uptrend Corp., which are quoted on the Pink OTC Markets under the
ticker symbol UPCP. Trading in the securities of Uptrend Corp appears
to be predicated on apparent misstatements. Certain persons appear to
have usurped the identity of a defunct or inactive publicly-traded
corporation, initially by reinstating the company without
authorization, and then by obtaining a new CUSIP number and ticker
symbol based on the apparently false representation that they were duly
authorized officers, directors and/or agents of the original publicly-
traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
VShield Software Corp., which are quoted on the Pink OTC Markets under
the ticker symbol VSHE. Trading in the securities of VShield Software
Corp. appears to be predicated on apparent misstatements. Certain
persons appear to have usurped the identity of a defunct or inactive
publicly-traded corporation, initially by incorporating a new entity
using the same name, and then by obtaining a new CUSIP number and
ticker symbol based on the apparently false representation that they
were duly authorized officers, directors and/or agents of the original
publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
World Hockey Association Corp., which are quoted on the Pink OTC
Markets under the ticker symbol WHKA. Trading in the securities of
World Hockey Association Corp. appears to be predicated on apparent
misstatements. Certain persons appear to have usurped the identity of a
defunct or inactive publicly-traded corporation, initially by
incorporating a new entity using the same name, and then by obtaining a
new CUSIP number and ticker symbol based on the apparently false
representation that they were duly authorized officers, directors and/
or agents of the original publicly-traded corporation.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
WW Energy, Inc., which are quoted on the Pink OTC Markets under the
ticker symbol WWNG. Trading in the securities of WW Energy, Inc.
appears to be predicated on apparent misstatements. Certain persons
appear to have usurped the identity of a defunct or inactive publicly-
traded corporation, initially by incorporating a new entity using the
same name, and then by obtaining a new CUSIP number and ticker symbol
based on the apparently false representation that they were duly
authorized officers, directors and/or agents of the original publicly-
traded corporation.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
companies is suspended for the period from 9:30 a.m. EDT on September
23, 2009, through 11:59 p.m. EDT on October 6, 2009.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E9-23295 Filed 9-23-09; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Notices]
[Pages 29311-29312]
[FR Doc No: 2022-10351]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0124; FRL-9857-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Aluminum, Copper and Other Non-
Ferrous Metals Foundries (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Aluminum, Copper and
Other Non-ferrous Metals Foundries (EPA ICR Number 2332.06, OMB Control
Number 2060-0630) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through May 31, 2022. Public comments were previously requested via the
Federal Register (86 FR 19256) on April 13, 2021 during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. 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 OMB control number.

DATES: Additional comments may be submitted on or before June 13, 2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2021-0124, online using https://www.regulations.gov/ (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information

collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at https://www.regulations.gov or in person at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Aluminum, Copper and Other Non-ferrous Metals
Foundries apply to both existing and new facilities conducting melting
operations located at an aluminum, copper, or other non-ferrous foundry
that is an area source of hazardous air pollutants (HAP) emissions,
melts 600 tons per year (tpy) of aluminum, copper, or other non-ferrous
metal or greater, and uses material that contains or has the potential
to emit HAP for which the source category was listed. New facilities
include those that commenced construction, modification or
reconstruction after the date of proposal. In general, all NESHAP
standards require initial notifications, performance tests, and
periodic reports by the owners/operators of the affected facilities.
They are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. These notifications, reports, and records are essential
in determining compliance, and are required of all affected facilities
subject to NESHAP. This information is being collected to assure
compliance with 40 CFR part 63, subpart ZZZZZZ.
    Form Numbers: None.
    Respondents/affected entities: Aluminum, copper, and other non-
ferrous foundries.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart ZZZZZZ).
    Estimated number of respondents: 318 (total).
    Frequency of response: Initially, occasionally and semiannually.
    Total estimated burden: 11,900 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,410,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in burden from the
most recently approved ICR as currently identified in the OMB Inventory
of Approved Burdens. This is due to two considerations. First, the
regulations have not changed over the past three years and are not
anticipated to change over the next three years. Second, the growth
rate for this industry is very low or non-existent, so there is no
significant change in the overall burden. Since there are no changes in
the regulatory requirements and there is no significant industry
growth, there are also no changes in the capital/startup or operation
and maintenance (O&M) costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-10351 Filed 5-12-22; 8:45 am]
BILLING CODE 6560-50-P


APPENDIX D

EMISSIONS PROJECTIONS

Bureau of Air Quality

Department of Environmental Protection

This page blank for copying purposes.


[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20383-20384]
[FR Doc No: 2012-8046]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0245; FRL-9515-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Inorganic Arsenic
Emissions From Glass Manufacturing Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before May 4, 2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-OECA-
2011-0245, to: (1) EPA online using www.regulations.gov (our preferred
method), or by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center (EPA/DC), Environmental Protection Agency, Enforcement and
Compliance Docket and Information Center, mail code 2201T, 1200
Pennsylvania Avenue NW., Washington, DC 20460, and (2) OMB at: Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0245, which is available for public viewing
either online at http://www.regulations.gov, or in person at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other

information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Inorganic Arsenic Emissions from Glass
Manufacturing Plants (Renewal)
    ICR Numbers: EPA ICR Number 1081.10, OMB Control Number 2060-0043.
    ICR Status: This ICR is scheduled to expire on May 31, 2012. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Inorganic Arsenic Emissions from Glass
Manufacturing Plants were proposed on July 20, 1983, and promulgated on
August 4, 1986. The standards were amended on both May 31, 1990 and
October 17, 2000. These standards apply to each glass melting furnace
that uses commercial arsenic as a raw material. The affected entities
are subject to the General Provisions of the NESHAP at 40 CFR part 61,
subpart A, and any changes, or additions to the General Provisions
specified at 40 CFR part 61, subpart N.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 61, subpart N, as
authorized in section 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data and other information that have
been determined to be private.
    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 OMB Control Number. The OMB Control Numbers for the EPA
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 49
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: owners or operators of inorganic
arsenic emissions from glass manufacturing plants.
    Estimated Number of Respondents: 16.
    Frequency of Response: Initially, occasionally, annually, and
semiannually.
    Estimated Total Annual Hour Burden: 3,080.
    Estimated Total Annual Cost: $351,094, which is comprised of
$295,094 in labor costs, $56,000 in Operations & Maintenance (O&M)
costs, and no annualized capital/start-up costs.
    Changes in the Estimates: There is a decrease in the labor hours to
the respondents in this ICR compared to the previous ICR. This is due
to a calculation error in the burden estimate for the previous ICR.
    There is an increase in the total respondent and Agency costs as
currently identified in the OMB Inventory of approved Burdens. This
increase is not due to any program changes. The change in cost
estimated reflects updated labor rates available from the Bureau of
Labor Statistics.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-8046 Filed 4-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Notices]
[Pages 41379-41380]
[FR Doc No: 2022-14846]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Youth Access to American Jobs in Aviation Task Force; Notice of
Public Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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

SUMMARY: This notice announces a meeting of the Youth Access to
American Jobs in Aviation Task Force (YIATF or Task Force).

DATES: The meeting will be held on September 22, 2022, from 9:00 a.m.
to 12:00 p.m. Eastern Time.
    Requests for accommodations to a disability must be received by
September 8, 2022. Requests to submit written materials to be reviewed
during the meeting must be received no later than September 8, 2022.

ADDRESSES: The meeting will be held at FAA Headquarters, 800
Independence Avenue SW, Washington, DC 20591, as well as virtually. In-
person attendance is limited to Task Force members and staff; members
of the public may attend virtually.
    Members of the public who wish to observe the virtual meeting may
access the event live on the FAA's Twitter, Facebook and YouTube
channels. Information on the committee and copies of the meeting
minutes will be available on the FAA Committee website at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/index.cfm/committee/browse/committeeID/797.

FOR FURTHER INFORMATION CONTACT: Ms. Aliah Duckett, Federal Aviation
Administration, by email at [email protected] or phone at 202-
267-8361. Any committee-related request should be sent to the person
listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The FAA established the Task Force by charter on October 3, 2019,
under Public Law 115-254. The Task Force is required by statute to
develop and

provide independent recommendations and strategies to the FAA
Administrator to (1) facilitate and encourage high school students in
the United States to enroll in and complete career and technical
education courses, including science, technology, engineering, and
mathematics (STEM), that will prepare them to pursue a course of study
related to an aviation career at an institution of higher education, a
community college, or trade school; (2) facilitate and encourage these
students to enroll in a course of study related to an aviation career,
including aviation manufacturing, engineering and maintenance, at an
institution of higher education, including a community college or trade
school; and (3) identify and develop pathways for students to secure
registered apprenticeships, workforce development programs, or careers
in the aviation industry of the United States.

II. Agenda

    At the meeting, the agenda will cover the following topics:

 Welcome/Opening Remarks
 Approval of Previous Meeting Minutes
 Recommendations Report Discussion
 Closing Remarks

    A detailed agenda will be posted on the FAA Committee website
address listed in the ADDRESSES section at least 15 days in advance of
the meeting. Copies of the meeting minutes will also be available on
the FAA Committee website.

III. Public Participation

    Members of the public who wish to attend the meeting can access the
livestream on the FAA social media platforms listed in the ADDRESSES
section on the day of the event.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    The FAA is not accepting oral presentations at this meeting due to
time constraints. However, the public may present written statements to
the Task Force by providing a copy to the Designated Federal Officer
via the email listed in the FOR FURTHER INFORMATION CONTACT section.

    Issued in Washington, DC.
Angela O. Anderson,
Director, Regulatory Support Division, Office of Rulemaking Federal
Aviation Administration.
[FR Doc. 2022-14846 Filed 7-11-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26621]
[DOCID:fr10my07-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-440-000]

Southern Natural Gas Company; Notice of Fuel Sharing Refund
Report

May 4, 2007.
    Take notice that on April 30, 2007, Southern Natural Gas Company
(Southern) tendered for filing a refund report showing that there are
no refunds to be distributed in 2007 pursuant to Section 35 (Fuel
Sharing Mechanism) of the General Terms and Conditions of Southern's
tariff for the period March 1, 2006-February 28, 2007.
    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 and 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 in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not 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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time May 11, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8984 Filed 5-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Proposed Rules]
[Page 9557-9561]
[DOCID:fr03mr10-18]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0754]
RIN 1625-AA09

Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes a supplemental change to the
regulations that govern the operation of the of the Berkley (I-264)
Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River,
Norfolk, VA. The new proposal would continue to provide set openings
periods for the bridge during the day, relieving vehicular traffic
congestion during the weekday daytime hours, while still providing for
the reasonable needs of navigation to include new operating procedures
for transiting vessels.

DATES: Comments and related material must be received by the Coast
Guard on or before July 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0754 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Terrance A. Knowles, Environmental Protection
Specialist, Fifth Coast Guard District, telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0754), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0754'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0754'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 9, 2009, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, Norfolk, VA, in the Federal Register
(74 FR 52143) and a notice of proposed rulemaking (NPRM) entitled
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA, in the Federal Register (74 FR 52158). We received 861
comments for both the temporary deviation and NPRM. No public meeting
was requested, and none was held.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.) You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Background and Purpose

    On behalf of the Cities of Chesapeake and Norfolk Virginia, the
Virginia Department of Transportation (VDOT), who owns and operates the
lift-type Berkley Bridge, requested a temporary change to the existing
bridge regulations. In the closed to navigation position, the Berkley
Bridge has a vertical clearance of 48 feet above mean

high water. The current regulation set out in Title 33 CFR Part
117.1007 (b) and (c) allows the Berkley Bridge, mile 0.4, in Norfolk,
VA, to remain closed one hour prior to the published start of a
scheduled marine event regulated under Sec.  100.501, and remain closed
until one hour following the completion of the event unless the Patrol
Commander designated under Sec.  100.501 allows the bridge to open for
commercial vessel traffic. In addition, the bridge shall open on signal
any time except from 5 a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday
through Friday, except Federal holidays, and shall open at any time for
vessels with a draft of 18 feet or more, provided that at least 6 hours
advance notice has been given to the Berkley Bridge Traffic Control
Room at<PHONE_NUMBER> as required by 33 CFR 117.1007(b) and (c).
Vessel traffic on this waterway consists of pleasure craft, tug and
barge traffic, and ships with assist tugs seeking repairs. There is no
alternate waterway route.
    Due to the temporary closure of two area bridges, the bridge and
approaches experienced increased back-ups, delays, and congestion due
to the increase in traffic. The NPRM would allow the draw of the
Berkley Bridge to open on signal to vessels at 9 a.m., 11 a.m., 1 p.m.,
and 2:30 p.m. from October 9, 2009, to October 5, 2012, and it would
permit VDOT to monitor, measure, and identify congested roadway
locations during heavy traffic periods. By implementing scheduled
bridge openings, we anticipated a decrease in traffic congestion during
the daylight hours.
    Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [USCG-2009-0754] was issued to allow VDOT
to test the proposed schedule and to obtain data and public comments.
The test period was in effect during the entire Notice of Proposed
Rulemaking comment period. Also, a count of the delayed vessels during
the closure periods was taken to ensure a future regulation will not
have a significant impact on navigation. The Berkley Bridge is the
principle arterial route in and out of the City of Norfolk and serves
as the major evacuation highway in the event of emergencies. The
monthly vehicular traffic counts submitted by VDOT for the last quarter
of calendar year 2008 show the average daily traffic volumes at the
Berkley Bridge as shown below:

October, 2008--83,296 vehicles
November, 2008--99,643 vehicles
December, 2008--106,856 vehicles

    The traffic counts revealed that from October 2008 to December
2008, the Berkley Bridge has experienced a seven percent (or 23,560-
car) increase in traffic flow. The Coast Guard anticipates a continued
increase in vehicular traffic over the bridge.
    The Coast Guard received 861 comments on both the temporary
deviation and NPRM. A large majority of the responses from commuters
approved the scheduled opening set-up. However, the local maritime
community expressed objections to the schedule change to vessels.
    After review of all of the comments and bridge-related data
received, the Coast Guard has determined that an alternative proposal
should be considered.
    By offering an alternative proposal, the changes will allow the
draw of the Berkley Bridge to open on signal to the drawbridge
operating schedule from September 4, 2010, to October 5, 2012. As a
result of the changes, we expect a similar decrease in traffic
congestion during the new proposed scheduled openings.
    Concurrent with the publication of the Supplemental Proposed
Rulemaking, another Test Deviation [USCG-2010-0083] has been issued to
allow VDOT to test another proposed schedule and to acquire additional
data and public comments.

Discussion of Comments and Changes

    The Coast Guard received 861 responses to the NPRM. The vast
majority of those responses (approximately 850) were supplied from an
internet Web site survey posted by VDOT. Of the 850 VDOT-sponsored
surveys, 484 had written comments with the remaining 366 remarks to the
survey questionnaire. The other responses were supplied by 7 on-paper
comments; and 4 e-mails.
    An examination of the comments revealed that the vast majority of
the responses (all but five) favored the new schedule presented in the
temporary deviation and NPRM. Many responses stated travelers could
better plan their commutes and allowed them the opportunity to avoid
delays.
    Four local maritime facilities and the Virginia Maritime
Association (VMA), who represents waterborne commerce in the Port of
Hampton Roads, responded in writing with their concerns opposing the
new schedule. These organizations expressed concerns that the current
regulatory actions created unsafe conditions for navigation. The
maritime community has offered recommendations for changes to the
operating regulations of the Berkley Bridge that they believe will
benefit the community and provide a reasonable balance between marine
priority and road-based transportation.
    The Coast Guard reviewed the bridge data supplied by VDOT. The
information indicated that the test deviation reduced the amount of
time the bridge opened for vessels. Between October 20, 2009, and
December 30, 2009, there were approximately 85 vessel passages
requiring 69 bridge openings. Most of these openings were provided for
commercial vessels, with a maximum of four vessels transiting through a
single bridge opening.
    With an average of less than two openings per day (1.23) during the
test deviation, VDOT contends that 2009 compared to 2008 in the same
months, there was a 30 percent reduction in the number of minutes the
bridge was opened for vessels and the number of openings also decreased
by 21 percent. In 2009, the Berkley Bridge averaged 97,135 vehicles per
day.
    VDOT personnel, after consulting with VMA and local maritime
facilities, identified a need for mariners to have more access
transiting through the Berkley Bridge. The parties agreed to operating
procedures for inclusion in the regulatory language.
    The suggestions offered by VDOT and VMA were reviewed by the Coast
Guard. The VDOT/VMA recommended operating procedures (in italics) that
were considered and subsequently modified are:
    1. The bridge is to open on signal at any time for vessels carrying
hazardous cargo.
    2. The bridge is to open at any time for vessels with a draft of 18
feet or more, provided that at least 6 hours advance notice has been
given to the Berkley Bridge Traffic Control Room.
    VMA stated that certain vessels and conditions make safe bridge
transits more difficult and dangerous. VMA/VDOT recommended
establishing provisions that would exempt vessels from only transiting
at the scheduled opening time.
    The Coast Guard proposed the following: The draw shall open on
signal at any time for vessels carrying, in bulk, cargoes regulated by
46 CFR subchapters D or O, or Certain Dangerous Cargoes as defined in
33 CFR 160.204; and for all other vessels, the draw shall open on
signal at any time, except from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During these times: The draw shall
open for commercial vessels with a draft of 18 feet or more, provided
at least 6 hours notice was given to the Berkley Bridge Traffic Control
Room at<PHONE_NUMBER>.

    3. If a vessel has made prior arrangements for a delayed opening,
and there are vessels awaiting transit, the opening may be delayed if
the master(s) of the waiting vessel(s) agree to a delayed opening to
accommodate the delayed vessel. Otherwise the opening will accommodate
the waiting vessel(s) only, and close upon their clearing the bridge.
    VMA stated that communication between vessels is important to
scheduling a single opening at the Berkley Bridge. The Coast Guard
asserts that communication between vessels and the bridge tender should
be coordinated to ensure and maintain the safety of navigation.
However, specific regulatory language controlling communication between
vessels is unwarranted and not within the scope of drawbridge operating
regulations.
    4. An opening will be provided to a transiting vessel up to, but no
more than, 30 minutes following the scheduled opening time provided the
transiting vessel has communicated their estimated time of arrival to
the Berkley Bridge tender prior to the scheduled opening time.
    VMA stated that the timing of large vessel movements is affected by
a number of uncontrollable and external factors. The effects of winds,
currents, and tides have an important impact on safe navigation and
those conditions.
    In addition, VMA indicated that the current test deviation creates
a situation whereby marine traffic will stack up while waiting for an
opening, thus creating vessel congestion, a navigational hazard.
    For these situations, the Coast Guard proposed the following: If
the bridge is not opened during a particular scheduled opening per
subparagraph (d)(3)(ii) and a vessel has made prior arrangements for a
delayed opening, the draw tender may provide a single opening up to 30
minutes past that scheduled opening time for that signaling vessel,
except at 2:30 p.m. The draw tender may provide a single opening up to
20 minutes past the 2:30 p.m. scheduled opening time for a signaling
vessel that made prior arrangements for a delayed opening. A vessel may
make prior arrangements for a delayed opening by contacting the Berkley
Bridge Traffic Control Room at<PHONE_NUMBER>.
    5. The bridge is to open at any time if, in the professional
judgment of the vessel operator, the environmental or operating
conditions compromise navigational safety.
    The Coast Guard responded to this comment by indicating that under
33 CFR 117.31 entitled ``Drawbridge operations for emergency vehicles
and emergency vessels'', paragraphs (b)(2) adequately provide for
unscheduled vessel openings of the bridge in the event of a marine
emergency.
    The supplemental rule was also rephrased to integrate the
restricted morning and evening rush hour times (from 5 a.m. to 9 a.m.
and from 3 p.m. to 7 p.m.) with the test deviation period from 9 a.m.
to 3 p.m. The Coast Guard suggested the following paragraph: For all
other vessels, the draw shall open on signal at any time, except from 5
a.m. to 7 p.m., Monday through Friday, except Federal holidays.
    Based on all of the comments received, the Coast Guard suggested
that a supplemental alternative proposal be further analyzed and
reissued.

Discussion of Rule

    From September 4, 2010, to October 5, 2012, the Coast Guard
proposes to suspend the regulations at 33 CFR 117.1007 paragraphs (b)
and (c) and add a new paragraph (d) to read as follows: The draw of the
Berkley Bridge, mile 0.4, at Norfolk, shall operate as follows: (1) The
draw shall remain closed one hour prior to the published start of a
scheduled marine event regulated under Sec.  100.501, and shall remain
closed until one hour following the completion of the event unless the
Patrol Commander designated under Sec.  100.501 allows the bridge to
open for commercial vessel traffic; (2) The draw shall open on signal
at any time for vessels carrying, in bulk, cargoes regulated by 46 CFR
subchapters D or O, or Certain Dangerous Cargoes as defined in 33 CFR
160.204; (3) For all other vessels, the draw shall open on signal at
any time, except from 5 a.m. to 7 p.m., Monday through Friday, except
Federal holidays: (i) During these times, the draw shall open for
commercial vessels with a draft of 18 feet or more, provided at least 6
hours notice was given to the Berkley Bridge Traffic Control Room at
(757) 494-2490; (ii) The draw shall open on signal at 9 a.m., 11 a.m.,
1 p.m. and 2:30 p.m.; (4) If the bridge is not opened during a
particular scheduled opening per subparagraph (d)(3)(ii) and a vessel
has made prior arrangements for a delayed opening, the draw tender may
provide a single opening up to 30 minutes past that scheduled opening
time for that signaling vessel, except at 2:30 p.m. The draw tender may
provide a single opening up to 20 minutes past the 2:30 p.m. scheduled
opening time for a signaling vessel that made prior arrangements for a
delayed opening. A vessel may make prior arrangements for a delayed
opening by contacting the Berkley Bridge Traffic Control Room at (757)
494-2490.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion based on the fact that the proposed changes have only a
minimal impact on maritime traffic transiting the bridge. Mariners can
plan their trips in accordance with the scheduled bridge openings, and
to minimize delays, vessels that can pass under the bridge without a
bridge opening may do so at all times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridge. Mariners can plan their trips in accordance with the scheduled
bridge openings, to minimize delays and vessels that can pass under the
bridge without a bridge opening may do so at all times.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them

and participate in the rulemaking process. Small businesses may send
comments on the actions of Federal employees who enforce, or otherwise
determine compliance with, Federal regulations to the Small Business
and Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. From September 4, 2010, to October 5, 2012, in Sec.  117.1007,
suspend paragraphs (b) and (c) and add new paragraph (d) to read as
follows:

Sec.  117.1007  Elizabeth River Eastern Branch.

* * * * *
    (d) The draw of the Berkley Bridge, mile 0.4, at Norfolk, shall
operate as follows:
    (1) The draw shall remain closed one hour prior to the published
start of a scheduled marine event regulated under Sec.  100.501, and
shall remain closed until one hour following the completion of the
event unless the Patrol Commander designated under Sec.  100.501 allows
the bridge to open for commercial vessel traffic.
    (2) The draw shall open on signal at any time for vessels carrying,
in bulk, cargoes regulated by 46 CFR subchapters D or O, or Certain
Dangerous Cargoes as defined in 33 CFR 160.204.
    (3) For all other vessels, the draw shall open on signal at any
time, except from 5 a.m. to 7 p.m., Monday through Friday, except
Federal holidays. During these times, the draw shall:
    (i) Open for commercial vessels with a draft of 18 feet or more,
provided at least 6 hours notice was given to the Berkley Bridge
Traffic Control room at<PHONE_NUMBER>.
    (ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.

    (4) If the bridge is not opened during a particular scheduled
opening per paragraph (d)(3)(ii) of this section and a vessel has made
prior arrangements for a delayed opening, the draw tender may provide a
single opening up to 30 minutes past that scheduled opening time for
that signaling vessel, except at 2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening
time for a signaling vessel that made prior arrangements for a delayed
opening. A vessel may make prior arrangements for a delayed opening by
contacting the Berkley Bridge Traffic Control room at<PHONE_NUMBER>.

    Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2010-4362 Filed 3-2-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Notices]
[Page 28450]
[DOCID:fr16my08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-636-000; ER08-636-001]

Standard Binghamton LLC; Notice of Issuance of Order

May 9, 2008.
    Standard Binghamton LLC (Standard Binghamton) filed an application
for market-based rate authority, with an accompanying rate schedule.
The proposed market-based rate schedule provides for the sale of
energy, capacity and ancillary services at market-based rates. Standard
Binghamton also requested waivers of various Commission regulations. In
particular, Standard Binghamton requested that the Commission grant
blanket approval under 18 CFR Part 34 of all future issuances of
securities and assumptions of liability by Standard Binghamton.
    On May 9, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Standard Binghamton, should file a protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004). The Commission encourages the electronic submission of protests
using the FERC Online link at http://www.ferc.gov.
    Notice is hereby given that the deadline for filing protests is
June 10, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Standard Binghamton is authorized to
issue securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Standard Binghamton, compatible
with the public interest, and is reasonably necessary or appropriate
for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Standard Binghamton's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-11023 Filed 5-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24406-24407]
[FR Doc No: 2023-08356]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4026-055]

Androscoggin Reservoir Company; Notice of Application Tendered
for Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 4026-055.
    c. Date Filed: March 31, 2023.
    d. Applicant: Androscoggin Reservoir Company (ARCO).
    e. Name of Project: Aziscohos Hydroelectric Project (project).
    f. Location: On the Magalloway River in Oxford and Franklin
Counties, Maine. The project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Randy Dorman, Relicensing Manager, Brookfield
Renewable, 150 Maine Street, Lewiston, ME 04240; phone at (207) 755-
5605, or email at [email protected].
    i. FERC Contact: Michael Watts at<PHONE_NUMBER>, or
[email protected].
    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The existing project consists of: (1) a 74-
foot-high, 881-foot-long concrete multiple arch-buttress dam consisting
of the following sections: (a) a 236-foot-long concrete ogee spillway
section with a crest elevation of 1,517.3 feet National Geodetic
Vertical Datum of 1929 (NGVD29), and 3-foot-high flashboards at an
elevation of 1,520.3 feet NGVD29 at the top of the flashboards; (b) a
265-foot-long concrete non-overflow section with two, 7-foot-diameter
cylindrical discharge gates; (c) a 120-foot-long earthen dike north
abutment; and (d) a 260-foot-long earthen dike south abutment; (2) a
27-foot-high, 900-foot-long earthen containment dike (Abbott Brooke
Dike) located two miles upstream of the dam; (3) an impoundment
(Aziscohos Lake) with a maximum water surface elevation of 1,520.3 feet
NGVD29; (4) an intake structure consisting of a modified log sluice
with stoplogs and a 96-inch butterfly valve in the non-overflow section
of the dam; (5) a 2,462-foot-long, 8-foot-diameter steel penstock that
provides flow to a 5.311-megawatt vertical Kaplan turbine-generator
unit located in a concrete powerhouse; (6) a 60-foot-long tailrace; (7)
a 12.47/34.5- kilovolt (kV) step-up transformer and a 23.5-mile long,
34.5-kV transmission line connecting the project generator to the
regional grid; and (8) appurtenant facilities. The project creates an
approximately 2,400-foot-long bypassed reach of the Magalloway River.
    The project is operated as a seasonal storage reservoir as part of
the Androscoggin River Storage System. The current license requires
ARCO to provide a minimum flow of 130 cubic feet per second (cfs)
downstream of the powerhouse from the start of spring refill through
September 15. The minimum flow is increased to 214 cfs from September
16 to the start of spring refill each year. The current license
requires that 50 cfs of the required minimum flow, be released from the
Aziscohos Dam into the bypassed reach of the Magalloway River. The
current license also requires that a whitewater flow of 900 cfs be
released during the 4th weekend of June, 1st weekend of July, and 1st
weekend of September; and a whitewater flow of 1,200 cfs be released on
the 2nd weekend of July, and the 3rd and 4th weekend of August.
    The minimum and maximum hydraulic capacities of the powerhouse are
290 cfs and 623 cfs, respectively. The average annual generation of the
project was approximately 30,788 megawatt-hours from 2012 through 2022.
    ARCO is not proposing any changes to project facilities or
operation at this time.
    l. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (http://www.ferc.gov)
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document (P-
4026). For assistance, contact FERC at [email protected],
(866) 208-3676 (toll free), or<PHONE_NUMBER> (TTY). At this time, the
Commission has suspended access to the Commission's Public Reference
Room. For assistance, contact FERC at [email protected] or
call toll free,<PHONE_NUMBER> or TTY<PHONE_NUMBER>.
    m. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via

email of new filings and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

------------------------------------------------------------------------
                  Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter.....................  April 2023.
Request Additional Information (if            August 2023.
 necessary).
Notice of Acceptance/Notice of Ready for      October 2023.
 Environmental Analysis.
Filing of recommendations, preliminary terms  December 2023.
 and conditions, and preliminary fishway
 prescriptions.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: April 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08356 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P