[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64292-64293]
[FR Doc No: 2021-25084]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0190]

Aviation Consumer Protection Advisory Committee Matters; Meeting

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of public meeting.

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SUMMARY: Public meetings of the Aviation Consumer Protection Advisory
Committee (ACPAC).

DATES: The first meeting will be held from 9:30 a.m.-5:00 p.m. (ET), on
December 2, 2021. The second meeting will be held from 9:30 a.m.-5:00
p.m. (ET), on March 21 and 22, 2022. Requests to attend the meeting
must be received by March 11, 2022.

ADDRESSES: The meetings will be open to the public. The first meeting
will be held virtually on Zoom's video platform. Please register for
the first meeting at https://usdot.zoomgov.com/webinar/register/WN_6X7_jo0CTvia3JfU9XR82A. The second meeting is tentatively planned to
be held in-person at the DOT headquarters building in Washington, DC
and will be livestreamed. Attendance is open to the public, up to the
room's capacity of 100 attendees. In the event the meeting is held
virtually, information regarding how to attend the meeting virtually
will be provided to individuals who registered to attend the in-person
meeting. That information will also be made available to the public
through another Federal Register notice.
    A detailed agenda for each meeting will be available on the ACPAC
website at https://www.transportation.gov/airconsumer/ACPAC in advance
of each meeting, along with copies of the meeting minutes after the
meeting.

FOR FURTHER INFORMATION CONTACT: Register for the first virtual meeting
at https://usdot.zoomgov.com/webinar/register/WN_6X7_jo0CTvia3JfU9XR82A. To register for the second in-person
meeting, please contact the Department by email at [email protected]. In
the event the meeting is held virtually, information regarding how to
attend the meeting virtually will be provided to individuals who
registered to attend the in-person meeting. That information will also
be made available to the public through another Federal Register
notice. Attendance is open to the public subject to any technical and/
or capacity limitations. For further information, contact Kimberly
Graber, Deputy Assistant General Counsel, by telephone at (202) 366-
1695 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The ACPAC was initially established as a Federal advisory committee
by the Department as mandated by the FAA Modernization and Reform Act
of 2012. The statutory termination date for the Committee has been
extended several times, most recently by the FAA Reauthorization Act of
2018 (2018 FAA Act), to the current termination date of September 20,
2023. The ACPAC evaluates current aviation consumer protection programs
and provides recommendations to the Secretary for improving them, as
well as recommending any additional consumer protections that may be
needed.

II. Purpose of the Meetings and Agendas

A. December 2, 2021 Meeting

    Two topics will be discussed at the December 2, 2021 meeting--(1)
Airline Ticket Refunds and (2) Information for Consumers Adversely
Affected by Airline Delays or Cancellations. Regarding airline ticket
refunds, the Department has consistently interpreted 49 U.S.C. 41712,
which prohibits U.S. air carriers, foreign air carriers, and ticket
agents from engaging in unfair practices in the sale of air
transportation, to require carriers and ticket agents to provide
requested refunds to passengers when a carrier cancels or significantly
changes a flight to, from, or within the United States. The Department
has not defined the terms ``significant change'' and ``cancellation''
in regulation or statute. The Department has announced a rulemaking \1\
that would clarify in regulation the Department's longstanding
interpretation of the refund requirement. In addition, the rulemaking
would also address protections for consumers who are unable to travel
due to government restrictions. The ACPAC will consider potential
definitions of the terms ``significant change'' and ``cancellation''
and the issue of protections for consumers who are unable to travel due
to government restrictions or advisories.
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    \1\ Airline Ticket Refunds, RIN 2105-AF04.
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    Regarding reporting the causes of airline delays and cancellations,
Section 413 of the 2018 FAA Act directs the Department to review the
categorization by reporting airlines of the causes of delays and
cancellations, including, among other things, whether it is an unfair
or deceptive practice for an air carrier to inform a passenger that a
flight is delayed or cancelled due to weather

alone when other factors are involved. Section 413 states that the
Department may consult with the ACPAC to assist in conducting the
review and providing recommendations on improving the quality and
quantity of information provided to passengers adversely affected by a
cancellation or delay. At the December 2, 2021 meeting, the Committee
will consider the quality and quantity of information on causes of
airline delays or cancellations provided to passengers adversely
affected by an airline cancellation or delay, focusing on whether it is
an unfair or deceptive practice for an air carrier to inform a
passenger that a flight is delayed or cancelled due to weather alone
when other factors are involved.

B. March 21 and 22, 2022 Meeting

    Two topics, one continuing from the December meeting and one new
topic, will be discussed at the March 21 and 22, 2022 meeting--(1)
Airline Ticket Refunds (continued) and (2) Enhancing Consumer Access to
Airline Flight Information. Regarding airline ticket refunds, the
Committee will continue to consider this topic and will discuss the
Department's Airline Ticket Refunds Notice of Proposed Rulemaking which
the Department anticipates will be issued prior to the March 21 and 22,
2022 meeting.
    Regarding the second topic, the Executive Order on Promoting
Competition in the American Economy, issued on July 9, 2021 (E.O.
14036), directed the Department to take action to protect consumers and
promote competition. Specifically, the Department is directed, among
other things, to ``promote enhanced transparency and consumer
safeguards, as appropriate and consistent with applicable law,
including through potential rulemaking, enforcement actions, or
guidance documents, with the aims of: (1) Enhancing consumer access to
airline flight information so that consumers can more easily find a
broader set of available flights, including by new or lesser known
airlines; and . . .'' The ACPAC will consider the topic of enhancing
access to airline flight information so that consumers can more easily
find a broader set of available flights.

III. Public Participation

    The meetings will be open to the public; however, attendance may be
limited due to constraints of the virtual platform and/or physical
meeting space. Register for the December 2, 2021 meeting at https://usdot.zoomgov.com/webinar/register/WN_6X7_jo0CTvia3JfU9XR82A. To
register for the March 2022 meeting, please send an email to the
Department as set forth in the FOR FURTHER INFORMATION CONTACT section.
The Department 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 interpreter or other
ancillary aids, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    Members of the public may also present written comments at any
time. The docket number referenced above (DOT-OST-2018-0190) has been
established for committee documents including any written comments that
may be filed. At the discretion of the Chair or Designated Federal
Officer of ACPAC, after completion of the planned agenda, individual
members of the public may provide comments, time permitting. Any oral
comments presented must be limited to the objectives of the Committee
and will be limited to five (5) minutes per person.
    Individual members of the public who wish to present oral comments
must provide advance notice to the Department of Transportation contact
noted above via email that they wish to present oral comments. Advance
notice by individuals wishing to present oral comments at the December
2, 2021 must be provided to the Department no later than Monday,
November 22, 2021. Advance notice by individuals wishing to present
oral comments at the March 21 and 22, 2022 meeting must be provided to
the Department no later than Friday, March 11, 2022.
    Speakers are requested to submit a written copy of their prepared
remarks for inclusion in the meeting records and for circulation to
ACPAC members prior to the meetings. Individuals speaking at the
December 2, 2021 meeting are requested to submit their remarks no later
than Monday, November 29, 2021. Individuals speaking at the March 21
and 22, 2022 meeting are requested to submit their remarks no later
than Tuesday, March 15, 2022. All prepared remarks submitted on time
will be accepted and considered as part of the meeting's record.

IV. Viewing Documents

    You may view documents mentioned in this notice at https://www.regulations.gov. After entering the docket number (DOT-OST-2018-
0190), click the link to ``Open Docket Folder'' and choose the document
to review.

    Issued in Washington, DC, this 12th day of November 2021.
John E. Putnam,
Deputy General Counsel.
[FR Doc. 2021-25084 Filed 11-16-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: September 10, 2010 (Volume 75, Number 175)]
[Notices]
[Page 55386-55387]
[DOCID:fr10se10-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62845; File No. SR-EDGA-2010-12]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGA Exchange, Inc. Fee Schedule

September 3, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 31, 2010, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGA Rule 15.1(a) and (c) by
making an amendment to its fee schedule.
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    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    All of the changes described herein are applicable to EDGA Members.
The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com, on the Commission's Web
site at http://www.sec.gov, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to delete references in footnotes 1 and 2
that describe how certain volume thresholds were pro-rated for the
month of July 2010 as these descriptions are no longer relevant.
    EDGA Exchange proposes to implement these amendments to the
Exchange fee schedule on September 1, 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\4\ in general, and
furthers the objectives of Section 6(b)(4),\5\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. The Exchange notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. Finally, the Exchange believes that the proposed
rates are equitable in that they apply uniformly to all Members. The
Exchange believes the fees and credits remain competitive with those
charged by other venues and therefore continue to be reasonable and
equitably allocated to those members that opt to direct orders to the
Exchange rather than competing venues.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \6\ and Rule 19b-4(f)(2) \7\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2010-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGA-2010-12. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-EDGA-2010-12 and should be
submitted on or before October 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22596 Filed 9-9-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Page 8268]
[FR Doc No: 2023-02638]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2533-062]

Brainerd Public Utilities; Notice of Waiver Period for Water
Quality Certification Application

    On January 23, 2023, Brainerd Public Utilities submitted to the
Federal Energy Regulatory Commission (Commission) a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the Minnesota Pollution Control Agency
(Minnesota PCA), in conjunction with the above captioned project.
Pursuant to 40 CFR 121.6 and section 5.23(b) of the Commission's
regulations,\1\ we hereby notify the Minnesota PCA of the following:
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    \1\ 18 CFR 5.23(b).
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    Date of Receipt of the Certification Request: February 1, 2023.
    Reasonable Period of Time to Act on the Certification Request: One
year (February 1, 2024).
    If the Minnesota PCA fails or refuses to act on the water quality
certification request on or before the above date, then the agency
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: February 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02638 Filed 2-7-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1307-1308]
[FR Doc No: 2023-00134]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-493, OMB Control No. 3235-0550]

Proposed Collection; Comment Request; Extension: Rule 477

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

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 477 (17 CFR 230.477) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) sets forth procedures for withdrawing a
registration statement, including any amendments or exhibits to the
registration statement. The rule provides that if an issuer intends to
rely on the safe harbor contained in Securities Act Rule 155 to conduct
an unregistered private offering of

securities, the issuer must affirmatively state in the withdrawal
application that it plans to undertake a subsequent private offering of
its securities. Without this statement, the Commission would not be
able to monitor a company's reliance on, and compliance with,
Securities Act Rule 155(c). We estimate that approximately 327 issuers
will file Securities Act Rule 477 submissions annually at an estimated
one hour per response for a total annual burden of approximately 327
hours.
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by March 10, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: January 3, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-00134 Filed 1-6-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Page 44765]
[FR Doc No: 2014-18210]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2500-000]

Newark Energy Center, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Newark Energy Center, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file 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 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 18, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 28, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-18210 Filed 7-31-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Notices]
[Page 23827-23829]
[DOCID:fr04my10-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61993; File No. SR-BX-2010-029]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX BX, Inc. To Amend
the By-Laws of The NASDAQ OMX Group, Inc.

April 27, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on April 9, 2010, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to file a proposed rule change relating to
the By-Laws of its parent corporation, The NASDAQ OMX Group, Inc.
(``NASDAQ OMX'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=BXRulefilings, at
the principal office of the Exchange, on the Commission's Web site at
http://www.sec.gov, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ OMX has proposed making certain amendments to its By-Laws to
make improvements in its governance. In SR-NASDAQ-2010-025, The NASDAQ
Stock Market LLC (``NASDAQ Exchange'') sought Commission approval to
adopt these By-Laws changes as part of the rules of NASDAQ Exchange,
and the Commission granted approval to these changes in an order dated
April 8, 2010.\3\ The Exchange is now submitting this filing on an
immediately effective basis to adopt the same By-Law changes as rules
of the Exchange.
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    \3\ See Securities Exchange Act Release No. 61876 (April 8,
2010), 75 FR 19436 (April 14, 2010) (SR-NASDAQ-2010-025).
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    The NASDAQ OMX By-Laws previously provided that each director
receiving a plurality of the votes at any election of directors at
which a quorum is present is duly elected to the Board. Under Corporate
Governance Guidelines adopted by the Board, however, any director in an
uncontested election who received a greater number of votes
``withheld'' from his or her election than votes ``for'' such election
was required to tender his or her resignation promptly following
receipt of the certification of the stockholder vote. The NASDAQ OMX
Nominating & Governance Committee then considered the resignation offer
and recommended to the Board whether to accept it. Within 90 days after
the certification of the election results, the Board determined whether
to accept or reject the resignation. Promptly thereafter, the Board
announced its decision by means of a press release. In a contested
election (i.e., where the number of nominees exceeds the number of
directors to be elected), the unqualified plurality standard controls.

Uncontested Election

    NASDAQ OMX recently amended its By-Laws to adopt a majority vote
standard, specifically By-Law Article IV, Section 4.4 of the By-Laws
was amended to provide that, in an uncontested election, directors
shall be elected by holders of a majority of the votes cast at any
meeting for the election of directors at which a quorum is present.\4\
Under the majority voting standard, a nominee who fails to receive the
requisite vote will not be duly

elected to the Board. The By-Laws require that any incumbent nominee,
as a condition to his or her nomination for election, must submit in
writing an irrevocable resignation, the effectiveness of which is
conditioned upon the director's failure to receive the requisite vote
in any uncontested election and the Board's acceptance of the
resignation. The resignation will be considered by the Nominating &
Governance Committee and acted upon by the Board in the same manner
described above.\5\ Acceptance of that resignation by the Board shall
be in accordance with the policies and procedures adopted by the Board
for such purpose. NASDAQ OMX specifies its policies and procedures
pertaining to the election of its directors in its By-Laws.
Specifically, the policies and procedures for the acceptance of the
resignation of a director, by the Board, are proposed to be specified
in By-Law Article IV, Section 4.4. There are no additional policies and
procedures other than what is indicated in the By-Laws. In the event
that NASDAQ OMX proposes to further amend its By-Laws with respect to
the election of directors, including the adoption of any policies and
procedure with respect to such election, NASDAQ OMX shall file a
proposed rule change with the Commission to seek approval of those
amendments.
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    \4\ NASDAQ OMX also amended its Corporate Governance Guidelines
to reflect the majority vote standard for uncontested director
elections.
    \5\ See NASDAQ OMX By-Law Article IV, Section 4.5.
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Contested Election

    NASDAQ OMX codified its process for a contested election. The
directors will continue to be elected by a plurality vote in a
contested election. There is no change to the process for contested
elections because if a majority voting standard were to apply in a
contested election, the likelihood of a ``failed election'' (i.e., a
situation in which no director receives the requisite vote) would be
more pronounced. Moreover, the rationale underpinning the majority
voting policy does not apply in contested elections where stockholders
are offered a choice among competing candidates. Directors are elected
by a plurality of votes present in person or represented by proxy at a
meeting. The directors who receive the greatest number of votes cast
for election of directors at the meeting will be elected.

General Election Requirements

    The following applies to elections of directors and were not
amended. Each share of common stock has one vote,\6\ subject to the
voting limitation in NASDAQ OMX's certificate of incorporation that
generally prohibits a holder from voting in excess of 5% of the total
voting power of NASDAQ OMX.\7\ In addition, each note holder is
entitled to the number of votes equal to the number of shares of common
stock into which such note could be converted on the record date,
subject to the 5% voting limitation contained in the certificate of
incorporation.
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    \6\ See NASDAQ OMX Certificate of Incorporation at Article IV,
C.1(a).
    \7\ See NASDAQ OMX Certificate of Incorporation at Article IV,
C.1(b)2.
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    The presence of owners of a majority (greater than 50%) of the
votes entitled to be cast by holder of NASDAQ OMX voting securities
constitutes a quorum. Presence may be in person or by proxy. Any
securities not voted, by abstention, will not impact the vote.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Sections 6(b)(1) and (b)(5) of the Act,\9\ in particular, in that the
proposal enables the Exchange to be so organized as to have the
capacity to be able to carry out the purposes of the Act and to comply
with and enforce compliance by members and persons associated with
members with provisions of the Act, the rules and regulations
thereunder, and self-regulatory organization rules, and is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed amendments
adopting a majority vote standard would enable the directors to be
elected in a manner reflective of the desires of shareholders and
provide a mechanism to protect against the election of directors by
less than a majority vote of the shareholders.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(2)[sic], (5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, it has become
effective pursuant to 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
\11\ thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has noted that the proposed rule change is identical
to a proposed rule change recently approved by the Commission with
respect to the NASDAQ Exchange \12\ and has requested that the
Commission waive the 30-day operative delay to ensure that NASDAQ OMX
is able to implement the proposed rule change without undue delay. The
Commission has determined that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver will enable NASDAQ OMX to implement the proposed
rule change without undue delay in a manner consistent with a proposed
rule change previously approved by the Commission.\13\ Therefore, the
Commission designates the proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 61876 (April 8,
2010), 75 FR 19436 (April 14, 2010) (SR-NASDAQ-2010-025).
    \13\ Id.
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-029 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-029. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BX-2010-029 and should be submitted on or before May 25,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-10309 Filed 5-3-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Proposed Rules]
[Page 60593-60595]
[DOCID:fr25oc07-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27785; Directorate Identifier 2006-NM-267-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with [certain] EPIC software load[s] * * *. Therefore,
following a possible failure on one FGCS channel during a given
flight, such a failure condition will remain undetected * * *. If
another failure occurs on the second FGCS channel, the result may be
a command hardover by the autopilot.

    A command hardover is a sudden roll, pitch, or yaw movement, which
could result in reduced controllability of the airplane. The proposed
AD would require actions that are intended to address the unsafe
condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 19,
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27785; Directorate Identifier 2006-NM-267-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
April 6, 2007 (72 FR 17042). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
    Since that NPRM was issued, EMBRAER Model ERJ 190-200 STD, -200 LR,
and -200 IGW airplanes have been added to the U.S. type certificate
data sheet. We have determined that these airplane models are subject
to the unsafe condition and are included in the MCAI for Model 190
airplanes.

Comments

    We have considered the following comments received on the earlier
NPRM.

Request to Add Optional Terminating Action

    Two commenters, EMBRAER and the Air Transport Association (ATA) on
behalf of its member US Airways, have requested that an optional method
of compliance be added to the AD.
    EMBRAER states that PRIMUS EPIC Field-Loadable Software Version
19.3 is available and that instructions for uploading this new software
are described in Service Bulletins 170-31-0019 and 190-31-0009, both
issued on May 4, 2007. EMBRAER continues that, as soon as this upload
is accomplished, the repetitive inspections described by service
bulletins 170-22-0003 and 190-22-0002 (cited in the original NPRM as
appropriate sources of service information) are no longer needed.
Consequently EMBRAER suggests that we revise the NPRM to include an
optional installation of software version 19.3 in lieu of the
repetitive inspections.
    US Airways states that Embraer Service Bulletin 190-22-0002, dated
November 9, 2006, mandates testing of the FGCS channel engagement until
MAU PRIMUS EPIC software LOAD version 19.1 has been installed. US
Airways therefore requests that upload of PRIMUS EPIC Software Version
19.1 or higher be added to the final rule as an option to the
compliance requirements already stated in the NPRM.
    We partially agree with this request. We have determined that
software LOAD version 19.1 will not address the unsafe condition
described in the supplemental NPRM. However, we have confirmed with
Embraer that software LOAD version 19.3 or higher is acceptable as an
optional terminating action for the repetitive functional checks. We
have therefore revised paragraph (f) into paragraph (f)(1) and
paragraph (f)(2) in the supplemental NPRM to provide for the optional
terminating action.

Request to Clarify Procedures

    One commenter, Ranamdeep Singh, asks that we clarify or remove the
following statement from paragraph (f) of the NPRM: ``Before further
flight, do all applicable replacements of the actuator input-output
processor in accordance with the applicable service bulletin.'' The
commenter states that the MCAI specifies a functional check within 300
hours after the effective date of the MCAI, with repetitions every 600
hours thereafter, in accordance with EMBRAER Service Bulletin 190-22-
0002, dated November 9, 2006, but does not require replacing the
actuator input-output processor before further flight. The commenter
continues that Service Bulletin 190-22-0002 provides an alternative
procedure to perform the functional check with the airplane in flight
rather than on the ground. The commenter states an intent to use this
alternative method due to a lack of ground equipment, but asserts that
the words ``before further flight'' in paragraph (f) of the NPRM mean
that the alternative method can not be used, which, therefore, causes
an excessive burden by forcing operators to perform the functional
check on the ground. The commenter therefore requests that we clarify
or remove the specified statement.
    We partially agree with this request. It appears there is some
confusion regarding the procedures described in Service Bulletin 190-
22-0002. The original NPRM requires replacing the actuator input-output
processor before further flight after it has been determined that
replacement is applicable. The functional checks described in the
service bulletin, in paragraph 3.A.2 of the ground check and paragraphs
3.B.6(a) and (b) of the alternative check, all specify replacing the
actuator input-output processor if certain messages are displayed
during the functional check. The operator may use the alternative
method and perform the functional check in flight, but after the check
has been done, any defective actuator input-output processor must be
replaced before further flight after the airplane has landed. It is not
necessary to change the supplemental NPRM in this regard.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 98 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $15,680, or $160 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the

distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

EMPRESA BRASILEIRA DE AERONAUTICA S.A. (EMBRAER): Docket No. FAA-
2007-27785; Directorate Identifier 2006-NM-267-AD.

Comments Due Date

    (a) We must receive comments by November 19, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, and
Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -
200 IGW airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto
Flight.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
for Model ERJ 170 airplanes states:
    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load 17.3 or 17.5. Therefore, following
a possible failure on one FGCS channel during a given flight, such a
failure condition will remain undetected or latent in subsequent
flights. If another failure occurs on the second FGCS channel, the
result may be a command hardover by the autopilot.
    The MCAI for Model ERJ 190 airplanes states:
    It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load 4.3, 4.4 or 4.5. Therefore,
following a possible failure on one FGCS channel during a given
flight, such a failure condition will remain undetected or latent in
subsequent flights. If another failure occurs on the second FGCS
channel, the result may be a command hardover by the autopilot.
    A command hardover is a sudden roll, pitch, or yaw movement,
which could result in reduced controllability of the airplane. The
MCAI mandates a functional test of the flight guidance control
system channels engagement. The corrective action is replacement of
the actuator input-output processor if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 300 flight hours after the effective date of this AD,
do a functional check of the flight guidance control system (FGCS)
channels engagement, in accordance with EMBRAER Service Bulletin
170-22-0003 or EMBRAER Service Bulletin 190-22-0002, both dated
November 9, 2006, as applicable. Repeat the functional check
thereafter at intervals not to exceed 600 flight hours, until the
optional terminating action described by paragraph (f)(2) of this AD
had been done. If any malfunction of the FGCS is discovered during
any functional check required by this paragraph, before further
flight, do all applicable replacements of the actuator input-output
processor in accordance with the applicable service bulletin.

    Note 1: For the purpose of this AD, a functional check is: ``A
quantitative check to determine if one or more functions of an item
perform within specified limits.''

    (2) Installing PRIMUS EPIC Field-Loadable Software Version 19.3,
in accordance with EMBRAER Service Bulletin 170-31-0019, Revision
01, dated June 25, 2007; or Service Bulletin 190-31-0009, Revision
02, dated June 29, 2007, as applicable, ends the repetitive
functional checks required by paragraph (f)(1) of this AD. If any
software versions higher than 19.3 are available, the latest of any
such versions is acceptable for the installation described in this
paragraph.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: We have provided optional terminating action in
paragraph (f)(2) of this AD; this difference has been coordinated
with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC).

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
Attn: Todd Thompson, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2006-11-02
and 2006-11-03, both effective November 16, 2006; EMBRAER Service
Bulletins 170-22-0003 and 190-22-0002, both dated November 9, 2006;
EMBRAER Service Bulletin 170-31-0019, Revision 01, dated June 25,
2007; and EMBRAER Service Bulletin 190-31-0009, Revision 02, dated
June 29, 2007; for related information.

    Issued in Renton, Washington, on October 13, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
 [FR Doc. E7-21008 Filed 10-24-07; 8:45 am]

BILLING CODE 4910-13-P


 [Federal Register Volume 76, Number 142 (Monday, July 25, 2011)] [Rules and Regulations] [Pages 44257-44258] [FR Doc No: 2011-18181]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0134; Airspace Docket No. 11-AGL-3]

Amendment of Class E Airspace; Mobridge, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Mobridge, SD, to

accommodate new Area Navigation (RNAV) Standard Instrument Approach

Procedures at Mobridge Municipal Airport. The FAA is taking this action

to enhance the safety and management of Instrument Flight Rule (IFR)

operations at the airport.

DATES: Effective date: 0901 UTC, October 20, 2011. The Director of the

Federal Register approves this incorporation by reference action under

1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and

publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,

Operations Support Group, Federal Aviation Administration, Southwest

Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-

7716.

SUPPLEMENTARY INFORMATION:

History

    On April 19, 2011, the FAA published in the Federal Register a

notice of proposed rulemaking to amend Class E airspace for Mobridge,

SD, creating additional controlled airspace at Mobridge Municipal

Airport (76 FR 21828) Docket No. FAA-2011-0134. Interested parties were

invited to participate in this rulemaking effort by submitting written

comments on the proposal to the FAA. No comments were received. Class E

airspace designations are published in paragraph 6005 of FAA Order

7400.9U dated August 18, 2010, and effective September 15, 2010, which

is incorporated by reference in 14 CFR Part 71.1. The Class E airspace

designations listed in this document will be published subsequently in

the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)

part 71 by establishing Class E airspace extending upward from 700 feet

above the surface for new standard instrument approach procedures at

Mobridge Municipal Airport, Mobridge, SD. This action is necessary for

the safety and management of IFR operations at the airport. Geographic

coordinates are also being updated to coincide with the FAA's

aeronautical database.

    The FAA has determined that this regulation only involves an

established body of technical regulations for which frequent and

routine amendments are necessary to keep them operationally current.

Therefore, this regulation: (1) Is not a ``significant regulatory

action'' under Executive Order 12866; (2) is not a ``significant rule''

under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,

1979); and (3) does not warrant preparation of a regulatory evaluation

as the anticipated impact is so minimal. Since this is a routine matter

that will only affect air traffic procedures and air navigation, it is

certified that this rule, when promulgated, will not have a significant

economic impact on a substantial number of small entities under the

criteria of the Regulatory Flexibility Act.

    The FAA's authority to issue rules regarding aviation safety is

found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes

the authority of the FAA Administrator. Subtitle VII, Aviation

Programs, describes in more detail the scope of the agency's authority.

This rulemaking is promulgated under the authority described in

Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the

FAA is charged with prescribing regulations to assign the use of

airspace necessary to ensure the safety of aircraft and the efficient

use of airspace. This regulation is within the scope of that authority

as it amends controlled airspace for Mobridge Municipal Airport,

Mobridge, SD.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0

1. The authority citation for 14 CFR Part 71 continues to read as

follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24

FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0

2. The incorporation by reference in 14 CFR part 71.1 of the Federal

Aviation Administration Order 7400.9U, Airspace Designations and

Reporting Points, dated August 18, 2010, and effective September 15,

2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700

feet or more above the surface of the earth.

* * * * *

AGL SD E5 Mobridge, SD [Amended]

Mobridge Municipal Airport, SD

    (Lat. 45[deg]32'47'' N., long. 100[deg]24'23'' W.)

    That airspace extending upward from 700 feet above the surface

within a 7-mile radius of Mobridge Municipal Airport; that airspace

extending upward from 1,200 feet above the surface bounded by a line

beginning at lat. 45[deg]18'01'' N., long. 99[deg]49'34'' W., to

lat. 45[deg]07'23'' N., long. 100[deg]49'24'' W., to lat.

45[deg]13'27'' N., long. 100[deg]52'40'' W., to lat. 45[deg]19'10''

N., long. 100[deg]27'43'' W., to lat. 45[deg]25'14'' N., long.

100[deg]30'08'' W., to lat. 45[deg]32'37'' N., long. 100[deg]50'33''

W., to lat. 45[deg]35'38'' N., long. 100[deg]59'28'' W., to lat.

45[deg]46'53'' N., long. 100[deg]57'50'' W., to lat. 45[deg]50'09''

N., long. 100[deg]48'32'' W., to lat. 45[deg]59'25'' N., long.

100[deg]36'07'' W., to lat. 46[deg]05'11'' N., long. 100[deg]40'41''

W., to lat. 46[deg]11'00'' N., long. 100[deg]26'01'' W., to lat.

46[deg]05'28'' N., long. 100[deg]19'58'' W., to lat. 45[deg]32'07''

N., long. 99[deg]57'01'' W., to the point of beginning.

    Issued in Fort Worth, Texas, on July 11, 2011.

Walter L. Tweedy,

Acting Manager, Operations Support Group, ATO Central Service Center.

[FR Doc. 2011-18181 Filed 7-22-11; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Page 40968]
[FR Doc No: 2013-16334]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0190; FRL-9830-8]

Notice of Extension of Deadline to Commence Construction Under
Clean Air Act Prevention of Significant Deterioration Permit Issued to
Avenal Power Center, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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

SUMMARY: This notice announces that the U.S. Environmental Protection
Agency (``EPA'') has extended the Prevention of Significant
Deterioration (``PSD'') permit deadline for commencing construction for
a final Clean Air Act PSD permit that authorizes Avenal Power Center,
LLC (``APC'') to construct the Avenal Energy Project (``AEP''). The AEP
is to be located in Kings County, California.

DATES: EPA's PSD permit for the AEP became effective on August 18,
2011, and included a deadline for commencing construction of February
18, 2013. Prior to February 18, 2013, APC requested an 18-month
extension of the deadline for commencing construction under the PSD
permit for the AEP. EPA has granted such an extension until August 18,
2014. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C.
7607(b)(1), judicial review of this extension decision may be sought by
filing a petition for review in the United States Court of Appeals for
the Ninth Circuit by September 9, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0190 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at the following address: U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. See
SUPPLEMENTARY INFORMATION for more information about how to make an
appointment to view these hard copy documents during normal business
hours at EPA Region IX's office.

FOR FURTHER INFORMATION CONTACT: Shirley Rivera, Air Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne St., San
Francisco, CA 94105,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The AEP, proposed by APC, is a new 600-
megawatt natural gas-fired combined-cycle power plant that will be
located in Kings County, California. The PSD permit decision issued by
EPA for the AEP became effective on August 18, 2011 as published in the
Federal Register on September 9, 2011 (76 FR 55799). In November 2011,
the United States Court of Appeals for the Ninth Circuit received
petitions for review of EPA's PSD permit decision for the AEP; this
Court of Appeals proceeding is pending. In letters dated December 19,
2012 and February 15, 2013, APC requested that EPA provide an 18-month
extension of the deadline for commencing construction in the PSD permit
for the AEP. Pursuant to 40 CFR Part 52.21(r), in a response to APC
dated June 26, 2013, EPA Region 9 determined that a satisfactory
showing justifying the extension had been made, and EPA extended the
deadline for commencing construction in the PSD permit for AEP for 18
months, so that the PSD permit will become invalid if construction of
the AEP is not commenced by August 18, 2014.
    The docket for this action includes, among other documents, EPA's
analysis supporting this action. In addition to the electronic docket
for this action, hard copy versions of the docket materials are
available for public inspection during normal business hours at the
following address: U.S. Environmental Protection Agency, Region IX, 75
Hawthorne St., San Francisco, CA 94105. To arrange for viewing of these
documents at EPA Region IX's office, call Shirley Rivera at (415) 972-
3966. Due to building security procedures, visitors should call at
least 48 hours in advance to arrange a visit.

    Dated: June 26, 2013.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2013-16334 Filed 7-8-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65765-65768]
[FR Doc No: 2023-20662]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-15]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) summarized below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
November 24, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0010) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice, made available to the public, and
include them in its information collection submission to OMB for
approval.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER> or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, comments
received will advance three objectives: (1) reduce reporting burdens;
(2) organize information collection requirements in a ``user-friendly''
format to improve the use of such information; and (3) accurately
assess the resources expended to retrieve and produce information
requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Track Safety Standards.
    OMB Control Number: 2130-0010.
    Abstract: The Track Safety Standards regulations under 49 CFR part
213 prescribe minimum safety requirements for railroad track that is
part of the general railroad system of transportation. FRA uses this
information collection to ensure and enhance rail safety by monitoring
complete compliance with all regulatory requirements. While the
requirements prescribed in this part generally apply to specific track
conditions existing in isolation, a combination of track conditions,
none of which individually amounts to a deviation from the requirements
in this part, may require remedial action to provide safe operations
over that track. Qualified persons inspect track and take action to
allow safe passage of trains and ensure compliance with the prescribed
standards.
    In 2020, FRA published a final rule \1\ revising the minimum safety
requirements for railroad track. The changes allowed inspection of rail
using continuous rail testing; the use of flange-bearing frogs in
crossing diamonds; relaxed the guard check gage limits on heavy-point
frogs used in Class 5 track; removed an inspection-method exception for
high density commuter lines; and other miscellaneous revisions.
---------------------------------------------------------------------------

    \1\ 85 FR 63362.
---------------------------------------------------------------------------

    In addition, in 2011, FRA promulgated a rule \2\ mandating specific
requirements for effective concrete crossties, for rail fastening
systems connected to concrete crossties, and for automated inspections
of track constructed with concrete crossties. These requirements
supplement visual inspections by Class I and Class II railroads,
intercity passenger railroads, and commuter railroads.\3\
---------------------------------------------------------------------------

    \2\ 76 FR 18073.
    \3\ To more effectively manage FRA's ICRs, the concrete crosstie
ICR, OMB Control No. 2130-0592, has been combined with that of track
safety standards, OMB Control No. 2130-0010 in this renewal cycle.
---------------------------------------------------------------------------

    In this 60-day notice, FRA made multiple adjustments to its
estimated paperwork burden, resulting in an increase of 278 hours, from
234,016 hours in the current inventory to 234,294 hours in the
requested inventory. This increase is the result of FRA combining the
annual burden hours with OMB Control Number 2130-0592, which covers
concrete crossties, as detailed below:
     Under Sec.  213.234(e), FRA added 31.25 hours.
     Under Sec.  213.234(g), FRA added 60.00 hours.
     Under Sec.  213.234(h)(3), FRA added 187.50 hours.
    Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 784.
    Frequency of Submission: On occasion.
    Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total cost
          CFR section               Respondent universe         Total annual responses     Average time per response    Total annual     equivalent in
                                                                                burden hours      U.S. dollar
                                ...........................  (A)........................  (B)........................     (C = A * B)           (D = C *
                                                                                wage rates) \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
213.4(f)--Excepted track--      784 railroads..............  15 notices.................  10 minutes.................            2.50            $214.83
 Notification to FRA about
 removal of excepted track.
213.5(c)--Responsibility for    784 railroads..............  15 notices.................  1 hour.....................           15.00           1,288.95
 compliance--Notification of
 assignment to FRA.

213.7(a)(b)--Designations:      784 railroads..............  2,500 names................  10 minutes.................          416.67          35,804.45
 Names on list with written
 authorizations.
213.17(a)--Waivers............  784 railroads..............  10 petitions...............  2 hours....................           20.00           1,718.60
213.57(e)--Curves; elevation    784 railroads..............  4 requests.................  8 hours....................           32.00           2,749.76
 and speed limitations--
 Request to FRA for vehicle
 type approval.
--(f) Written notification to   784 railroads..............  4 notifications............  2 hours....................            8.00             687.44
 FRA prior to implementation
 of higher curving speeds.
--(g) Written consent of track  784 railroads..............  4 written consents.........  45 minutes.................            3.00             257.79
 owners obtained by railroad
 providing service over that
 track.
213.110(a)--Gage restraint      784 railroads..............  1 notification.............  45 minutes.................            0.75              64.45
 measurement systems (GRMS)--
 Implementing GRMS--notices &
 reports.
--(g) GRMS vehicle output       784 railroads..............  1 report...................  5 minutes..................            0.08               6.87
 reports.
--(h) GRMS vehicle exception    784 railroads..............  1 report...................  5 minutes..................            0.08               6.87
 reports.
--(j) GRMS/PTLF--procedures     784 railroads..............  1 documented procedure.....  1 hour.....................            1.00              85.93
 for data integrity.
--(n) GRMS inspection records.  784 railroads..............  2 records..................  30 minutes.................            1.00              85.93
213.118(a)-(c)--Continuous      438 railroads..............  10 plans...................  4 hours....................           40.00           3,437.20
 welded rail (CWR)--Revised
 plans w/procedures for CWR.
--(d) Notification to FRA and   438 railroads..............  750 notices................  15 seconds.................            3.13             268.96
 RR employees of CWR plan
 effective date.
--(e) Written submissions       438 railroads..............  5 written submissions......  2 hours....................           10.00             859.30
 after plan disapproval.
--(e) Final FRA disapproval     438 railroads..............  5 amended plans............  1 hour.....................            5.00             429.65
 and plan amendment.
213.234(e)--Automated           30 railroads...............  125 reports................  15 minutes.................           31.25           2,097.19
 inspection of track
 constructed with concrete
 crossties--Exception reports
 listing all exception to Sec.
   213.109(d)(4) Added
 requirement and burden hours
 from 2130-0592.
--(f) Automated inspection of   30 railroads...............  2,000 records..............  30 minutes.................        1,000.00          85,930.00
 track constructed with
 concrete crossties--
 Recordkeeping requirements.
--(g) Procedure for integrity   30 railroads...............  30 revised procedures......  2 hours....................           60.00           7,404.60
 of data--Track owners to
 institute procedures for
 maintaining the integrity of
 the data collected by the
 measurement system. Added
 requirement and burden hours
 from 2130-0592.
--(h)(3) Training Track owners  30 railroads...............  2,250 records of trained     5 minutes..................          187.50          12,583.13
 to provide annual training in                                employees.
 handling rail seat
 deterioration exceptions to
 all persons designated as
 fully qualified under Sec.
 213.7 and whose territories
 are subject to the
 requirements of Sec.
 213.234--Recordkeeping. Added
 requirement and burden hours
 from 2130-0592.
213.237(b)(2)--Inspection of    65 railroads...............  4 requests.................  15 minutes.................            1.00              85.93
 Rail--Detailed request to FRA
 to change designation of a
 rail inspection segment or
 establish a new segment.
--(b)(3) Notification to FRA    65 railroads...............  1 notice to FRA + 15         15 minutes.................            4.00             343.72
 and all affected employees of                                bulletins.
 designation's effective date
 after FRA's approval/
 conditional approval.
--(d) Notice to FRA that        65 railroads...............  4 notices..................  15 minutes.................            1.00              85.93
 service failure rate target
 in paragraph (a) of this
 section is not achieved.
--(d)--Explanation to FRA as    65 railroads...............  4 letters of explanation/    15 minutes.................            1.00              85.93
 to why performance target was                                plans.
 not achieved and provision to
 FRA of remedial action plan.
213.238--Qualified operators--  3 railroads + 5 testing      250 records................  5 minutes..................           20.83           1,789.92
 Written or electronic of        entities.
 qualification.
213.240(b)--Continuous Rail     12 railroads...............  4 procedures...............  8 hours....................           32.00           2,749.76
 Testing--Procedures for
 conducting continuous testing.
--(c) Type of rail test         12 railroads...............  25,000 documents/records...  2 seconds..................           13.89           1,193.57
 (continuous or stop-and-
 verify)--Record.
--(c)--Type of rail test        12 railroads...............  100 documents..............  1 minute...................            1.67             143.50
 (continuous or stop-and-
 verify)--Documented changes.
--(g) Annual reports to FRA...  12 railroads...............  12 reports.................  4 hours....................           48.00           4,124.64
213.241--Inspection records...  784 railroads..............  1,375,000 records..........  10 minutes.................      229,166.67      19,692,291.95
213.303(b)--Responsibility for  2 railroads................  5 notices..................  30 minutes.................            2.50             214.83
 compliance--Notification of
 assignment to FRA.
213.305(c)(4)--Designation of   2 railroads................  20 written documents.......  30 minutes.................           10.00             859.30
 qualified individuals;
 general qualifications--
 Written authorization for
 remedial actions.
--(e) Railroads produced        2 railroads................  200 records................  10 minutes.................           33.33           2,864.05
 designation record upon FRA
 request.
213.317(a)-(b)--Waivers.......  2 railroads................  2 petitions................  8 hours....................           16.00           1,374.88

213.329(e)--Curves, elevation,  2 railroads................  2.00 cover letters + 2.00    30.00 minutes + 16.00 hours           33.50           2,878.66
 and speed limitations--FRA                                   technical reports + 2.00     + 15.00 minutes.
 approval of qualified vehicle                                diagrams.
 types based on results of
 testing.
--(f) Written notification to   2 railroads................  2 notices..................  2 hours....................            4.00             343.72
 FRA 30 days prior to
 implementation of higher
 curving speeds.
--(g) Written consent of other  2 railroads................  2 written consents.........  45 minutes.................            1.50             128.90
 affected track owners by
 railroad.
213.333(d)--Automated vehicle-  7 railroads................  7 reports..................  1 hour.....................            7.00             601.51
 based inspection systems--
 Track Geometry Measurement
 System (TGMS) output/
 exception reports.
213.341(b)-(d)--Initial         2 railroads................  800 records................  2 minutes..................           26.67           2,291.75
 inspection of new rail &
 welds--Inspection records.
213.343(a)-(e)--CWR--Procedure  2 railroads................  2 plans....................  4 hours....................            8.00             687.44
 s for installations and
 adjustments of CWR.
--(h) Recordkeeping             2 railroads................  8,000 records..............  2 minutes..................          266.67          22,914.95
 requirements.
213.345(a)-(c)--Vehicle         2 railroads................  2 program plans............  120 hours..................          240.00          20,623.20
 qualification testing--
 Vehicle qualification program
 for all vehicle types
 operating at track Class 6
 speeds or above.
--(d) Previously qualified      2 railroads................  2 program plans............  8 hours....................           16.00           1,374.88
 vehicle types qualification
 programs.
--(h) Written consent of other  4 railroads................  4 written consents.........  30 minutes.................            2.00             246.82
 affected track owners by
 railroad.
213.369(d)--Inspection          2 railroads................  15,000 record sets.........  10 minutes.................        2,500.00         214,825.00
 Records--Record of inspection
 of track.
                                                                                ----------------------------------
    Total \5\.................  784 railroads..............  1,432,181 responses........  N/A........................         234,294         20,131,107
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 1,432,181.
---------------------------------------------------------------------------

    \4\ The dollar equivalent cost is derived from the 2022 Surface
Transportation Board Full Year Wage A&B data series using the
employee groups 100 (Executives, Officials, and Office Staff
Assistants) $70.52, 200 (Professional and Administrative) $49.10,
and 400 (Maintenance of Equipment & Stores) $38.35. The total burden
wage rate (Straight time plus 75%) used in the table is $85.93
($49.10 x 1.75 = $85.93) except for the following: Sec.  213.234(g)
and Sec.  213.345(h) which uses an hourly wage rate of $123.41
(70.52 x 1.75 = $123.41) and Sec.  213.234(h)(3) which uses an
hourly wage rate of $67.11 ($38.35 x 1.75 = $67.11).
    \5\ Totals may not add up due to rounding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 234,294.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$20,131,107.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023-20662 Filed 9-22-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Page 35214]
[FR Doc No: 2011-14901]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Board of
Directors Meetings

    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool, Inc. (SPP) Board of Directors, as noted below. Their attendance
is part of the Commission's ongoing outreach efforts.
    All meetings will be held at: The Marriott Las Colinas, 223 West
Las Colinas Boulevard, Irving, TX 75039.
    The Board meeting is June 13-14 (1:30 p.m.-5 p.m. and 8 a.m.-5
p.m.).
    The discussions may address matters at issue in the following
proceedings:

Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER08-1419, Southwest Power Pool, Inc.
Docket No. ER09-659, Southwest Power Pool, Inc.
Docket No. ER09-1050, Southwest Power Pool, Inc.
Docket No. ER10-696, Southwest Power Pool, Inc.
Docket No. ER10-941, Southwest Power Pool, Inc.
Docket No. ER10-1069, Southwest Power Pool, Inc.
Docket No. ER09-1254, Southwest Power Pool, Inc.
Docket No. ER10-1269, Southwest Power Pool, Inc.
Docket No. ER10-1697, Southwest Power Pool, Inc.
Docket No. ER10-2244, Southwest Power Pool, Inc.
Docket No. ER11-13, Southwest Power Pool, Inc.
Docket No. ER11-2428, Southwest Power Pool, Inc.
Docket No. ER11-2528, Southwest Power Pool, Inc.
Docket No. ER11-2677, Southwest Power Pool, Inc.
Docket No. ER11-2711, Southwest Power Pool, Inc.
Docket No. ER11-2719, Southwest Power Pool, Inc.
Docket No. ER11-2758, Southwest Power Pool, Inc.
Docket No. ER11-2781, Southwest Power Pool, Inc.
Docket No. ER11-2787, Southwest Power Pool, Inc.
Docket No. ER11-2861, Southwest Power Pool, Inc.
Docket No. ER11-3230, Southwest Power Pool, Inc.
Docket No. ER11-3243, Southwest Power Pool, Inc.
Docket No. ER11-3452, Southwest Power Pool, Inc.
Docket No. ER11-3453, Southwest Power Pool, Inc.
Docket No. ER11-3494, Southwest Power Pool, Inc.
Docket No. ER11-3501, Southwest Power Pool, Inc.
Docket No. ER11-3504, Southwest Power Pool, Inc.
Docket No. ER11-3509, Southwest Power Pool, Inc.
Docket No. ER11-3511, Southwest Power Pool, Inc.
Docket No. ER11-3489, Southwest Power Pool, Inc.
Docket No. ER11-3474, Southwest Power Pool, Inc.
Docket No. ER11-3478, Southwest Power Pool, Inc.
Docket No. ER11-3666, Southwest Power Pool, Inc.
Docket No. ER11-3455, Southwest Power Pool, Inc.
Docket No. ER11-3622, Southwest Power Pool, Inc.
Docket No. ER11-3627, Southwest Power Pool, Inc.
Docket No. ER11-3650, Southwest Power Pool, Inc.
Docket No. ER11-3299, Southwest Power Pool, Inc.
Docket No. ER11-3331, Southwest Power Pool, Inc.
Docket No. ER11-3450, Southwest Power Pool, Inc.
Docket No. ER11-3451, Southwest Power Pool, Inc.
Docket No. ER11-3490, Southwest Power Pool, Inc.
Docket No. ER11-3503, Southwest Power Pool, Inc.
Docket No. ER11-3599, Southwest Power Pool, Inc.
Docket No. ER11-3601, Southwest Power Pool, Inc.
Docket No. EL11-34, Midwest Independent System Transmission Operator,
Inc.

    These meetings are open to the public.
    For more information, contact John Rogers, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: June 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-14901 Filed 6-15-11; 8:45 am]
BILLING CODE 6717-01-P


 Forwarded by Walt Stevenson/ RTP/ USEPA/ US on 04/ 28/ 2006 04: 03 PM

RobertJ Wayland/ RTP/ USEPA/ US 04/ 27/ 2006 04: 21 PM To etoy@ omb. eop. gov cc burnett. jason@ epa. gov@ EPA, Walt Stevenson/ RTP/ USEPA/ US@ EPA, Rick Vetter/ RTP/ USEPA/ US@ EPA Subje ct Final OMB Approved Version: Large MWC Package Edmond

Below please find the version forwarded to ROCIS this afternoon, and a redline off of the last version sent to you ( 042406). If you have any questions/ concerns, please let me know. Thanks again for your assistance in reviewing the package and helping us meet tomorrow's deadline.

thanx!

bob REDLINE OF FINAL VERSION vs. 042406:

FINAL VERSION:


Comment Info: =================

General Comment:BIG TOBACCO AND BIG PHARMA HAS TAKEN OUR HEALTH, OUR LOVED ONES AND EVERY SPARE NICKEL WE HAD - ALL WITH THE BLESSING OF THE FDA. Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life, as well as the lives of my sister and daughers.. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.