                      IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF COLUMBIA

ENVIRONMENTAL INTEGRITY PROJECT 	)
 and BENJAMIN FELDMAN, 			)
							)
	Plaintiffs, 					)	Civil Action No.
							)	13-cv-01783 (KBJ)
		v. 					)
							)
GINA MCCARTHY, in her official 			)
capacity as Administrator, United States 		)
Environmental Protection Agency, 			)
							)
	Defendant. 					)
__________________________________________)

                                CONSENT DECREE

	WHEREAS, Plaintiffs Environmental Integrity Project and Benjamin Feldman ("Plaintiffs") filed this action pursuant to section 304(a)(2) of the Clean Air Act ("CAA"), 42 U.S.C. § 7604(a)(2), alleging that Defendant Gina McCarthy, in her official capacity as Administrator, United States Environmental Protection Agency ("EPA"), failed to perform a non-discretionary duty under CAA § 505(b)(2), 42 U.S.C. § 7661d(b)(2), to grant or deny within 60 days a petition ("Title V Petition") submitted by Plaintiffs on February 5, 2013 requesting that EPA object to a CAA permit ("Permit") issued by the Maryland Department of the Environment to Mettiki Coal, LLC to operate a coal preparation/processing plant located in Oakland, Maryland ("Mettiki Plant");
	WHEREAS, Plaintiffs and EPA ("the Parties") wish to effect a settlement of the above-captioned matter without expensive and protracted litigation;
	WHEREAS, the Parties consider this Consent Decree to be an adequate and equitable resolution of the claims in the above-captioned matter;
	WHEREAS, the Court, by entering this Consent Decree, finds that the Consent Decree is fair, reasonable, in the public interest, and consistent with the CAA, 42 U.S.C. §§ 7401 et seq.;
	NOW THEREFORE, before the taking of testimony, without trial or determination of any issue of fact or law, and upon the consent of the Parties, it is hereby ORDERED, ADJUDGED, and DECREED that:
	1.	 On or before September 26, 2014, EPA shall sign a response to Plaintiffs' CAA Title V Petition pursuant to 42 U.S.C. § 7661d(b)(2).
	2.	Following signature of such response to Plaintiffs' Title V Petition, EPA shall expeditiously deliver notice of EPA's response to the Office of the Federal Register for review and publication.  Following such transmission, EPA shall not take any step (other than as necessary to correct any typographical error or other errors in form) to delay or otherwise interfere with publication of such notice in the Federal Register.
	3.	If EPA's response to Plaintiffs' petition includes the granting of any portion of the petition in whole or in part, EPA shall also promptly transmit the response to the Maryland Department of the Environment.
      4.	The deadline for filing a motion for costs of litigation, including attorneys' fees, incurred prior to entry of this Consent Decree is hereby extended until sixty (60) days after the entry of this Consent Decree by this Court.  During this time, the Parties shall seek to resolve informally any claim for costs of litigation, including attorneys' fees, and if they cannot, will submit that issue to this Court for resolution.  The United States does not waive or limit any defenses it may have to such claim.  This Court shall retain jurisdiction to resolve any requests for costs of litigation, including attorneys' fees.
	5.	Any provision of this Consent Decree may be modified by (a) written stipulation of the Parties with notice to the Court, or (b) by the Court following motion of any party to this Consent Decree, pursuant to the Federal Rules of Civil Procedure, and upon consideration of any response by the non-moving party.
	6.	The parties recognize that the possibility exists that circumstances outside the reasonable control of EPA could delay compliance with the timetables contained in this Consent Decree.  Such situations include, but are not limited to, a government shut-down such as occurred in 1995, 1996, and 2013, or catastrophic environmental events requiring immediate and/or time-consuming response by EPA.  Should a delay occur due to such circum - stances, any resulting failure to meet the timetables set forth herein shall not constitute a failure to comply with the terms of this Consent Decree, and any deadlines occurring within one hundred twenty (120) days of the termination of the delay shall be extended one day for each day of the delay.  EPA will provide Plaintiffs with notice as soon as is reasonably possible under the circumstances in the event that EPA invokes this term of the Consent Decree and will provide Plaintiffs with an explanation of EPA's basis for invoking this term.  Plaintiffs may challenge the invocation of this term of the Consent Decree under the dispute resolution terms of this Consent Decree, and EPA shall bear the burden of justifying its invocation of this term.
	7.	Plaintiffs and EPA shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree.
      8.	Plaintiffs and EPA agree that this Consent Decree shall constitute a complete and final settlement of all claims that Plaintiffs have asserted against the United States, including EPA, under any provision of law in connection with Environmental Integrity Project, et al. v. Jackson, Case No. 13-cv-01783 (KBJ) (D.D.C.), except as provided in Paragraphs 4 and 10 of this Consent Decree.  Plaintiffs therefore discharge and covenant not to sue the United States, including EPA, for any such claims.
	9. 	Nothing in this Consent Decree shall be construed to limit or modify any discretion accorded EPA by the CAA or by general principles of administrative law in taking the actions which are the subject of this Consent Decree, including discretion to alter, amend, or revise any responses or final actions contemplated by this Consent Decree.  EPA's obligation to perform the actions specified in Paragraph 1 by the time specified therein does not constitute a limitation or modification of EPA's discretion within the meaning of this paragraph.
	10.	Nothing in this Consent Decree shall be construed as an admission of any issue of fact or law nor to waive or limit any claim or defense, on any grounds, related to any final action EPA may take with respect to the Permit.
	11.	Nothing in this Consent Decree shall be construed to confer upon the District Court jurisdiction to review any final decision made by EPA pursuant to this Consent Decree.  Nothing in this Consent Decree shall be construed to confer upon the District Court jurisdiction to review any issues that are within the exclusive jurisdiction of the United States Court of Appeals pursuant to CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1).  Nothing in the terms of this Consent Decree shall be construed to waive any remedies or defenses the Parties may have under CAA section 307(b)(1), 42 U.S.C. § 7607(b)(1).
	12.	The obligations imposed upon EPA under this Consent Decree can only be undertaken using appropriated funds.  No provision of this Consent Decree shall be interpreted as or constitute a commitment or requirement that EPA obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law.
	13.	Any notices required or provided for by this Consent Decree shall be made in writing and sent to the following:
For Plaintiffs:
Leah Kelly
Abel Russ
Environmental Integrity Project
1000 Vermont Avenue NW, Suite 1100
Washington, DC  20005
Tel:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>
For Defendants:
Eileen McDonough
United States Department of Justice
Environmental Defense Section
P.O. Box 7611
Washington, D.C. 20044
Tel:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>
Karen Bennett Bianco
U.S. Environmental Protection Agency
Office of General Counsel
1200 Pennsylvania Ave., N.W.
Washington, D.C. 20460
Tel:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>

James VanOrden
U.S. Environmental Protection Agency
Office of Regional Counsel, Region 3
1650 Arch Street
Mail Code: 3RC42
Philadelphia, PA 19103-2029
Tel:<PHONE_NUMBER>
<EMAIL_ADDRESS>
	14.	In the event of a dispute between the Parties concerning the interpretation or implementation of any aspect of this Consent Decree, the disputing Party shall provide the other Party with a written notice outlining the nature of the dispute and requesting informal negotiations.  If the Parties cannot reach an agreed-upon resolution within ten (10) business days after receipt of the notice, any party may move the Court to resolve the dispute.
	15.	No motion or other proceeding seeking to enforce this Consent Decree or for contempt of Court shall be filed unless the Plaintiff has followed the procedure set forth in Paragraph 14.
	16.	The Court shall retain jurisdiction to determine and effect compliance with this Consent Decree.  When EPA's obligations under Paragraphs 1 through 3 of this Consent Decree have been completed, and Plaintiffs' claim for costs of litigation has been resolved pursuant to Paragraph 4, the above-captioned matter shall be dismissed with prejudice.  The Parties shall file the appropriate notice with the Court so that the Clerk may close the file.
	17.	The Parties agree and acknowledge that before this Consent Decree can be
finalized and entered by the Court, EPA must provide notice in the Federal Register and an opportunity for comment pursuant to CAA section 113(g), 42 U.S.C. § 7413(g).  EPA shall promptly submit a public notice of this Consent Decree to the Federal Register for publication and public comment after lodging this Consent Decree with the Court.  After this Consent Decree has undergone an opportunity for notice and comment, the Administrator and/or the Attorney General, as appropriate, shall promptly consider any such written comments in determining whether to withdraw or withhold consent to this Consent Decree, in accordance with section 113(g) of the CAA.  If the federal government elects not to withdraw or withhold consent to this Consent Decree, the Parties promptly shall file a motion that requests the Court to enter this Consent Decree.
	18.	It is hereby expressly understood and agreed that this Consent Decree was jointly drafted by Plaintiffs and EPA and that any and all rules of construction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning, or interpretation of this Consent Decree.
	19.	The undersigned representatives of each Party certify that they are fully authorized by the Party they represent to bind that Party to the terms of this Consent Decree.
	SO ORDERED on this ___ day of _________________, 2014.

							_________________________________
							HON. KETANJI BROWN JACKSON
							United States District Judge
SO AGREED:

FOR PLAINTIFFS				/s/ LEAH KELLY
                                    Leah Kelly
                                    Abel Russ
                                    Environmental Integrity Project
                                    1000 Vermont Avenue NW, Suite 1100
                                    Washington, DC  20005
                                    Tel:<PHONE_NUMBER>
                                    Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>

FOR DEFENDANTS				ROBERT G. DREHER
                                    Acting Assistant Attorney General
                                    Environment & Natural Resources Division

                                    /s/ EILEEN T. MCDONOUGH
                                    Eileen T. McDonough
                                    United States Department of Justice
                                    Environmental Defense Section
                                    P.O. Box 7611
                                    Washington, D.C. 20044
                                    Tel:<PHONE_NUMBER>
                                    Fax:<PHONE_NUMBER>
<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11614-11615]
[FR Doc No: 2012-4420]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66432; File No. SR-ISE-2012-08]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Expand the Short Term Option Series Program

February 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on February 8, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (the ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its rules to expand the Short Term
Option Series Program. The text of the proposed rule change is
available on the Exchange's Web site www.ise.com, at the principal
office of the Exchange, 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 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 purpose of this proposed rule change is to amend ISE Rules 504
and 2009 to expand the Short Term Option Series Program (``STOS
Program'').\3\ Currently, ISE may select up to 25 currently listed
option classes on which short term option series may be opened in the
STOS Program. The Exchange proposes to increase this to thirty option
classes to participate in the STOS Program. This is a competitive
filing and is based on recently approved filings submitted by The
NASDAQ Stock Market LLC for the NASDAQ Options Market (``NOM'') and
NASDAQ OMX PHLX, Inc. (``PHLX'').\4\
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    \3\ The Exchange adopted the STOS Program on a pilot basis in
2005. See Securities Exchange Act Release No. 52012 (July 12, 2005),
70 FR 41246 (July 18, 2005) (SR-ISE-2005-17). The STOS Program was
approved on a permanent basis in 2010. See Securities Exchange Act
Release No. 62444 (July 2, 2010), 75 FR 39595 (July 9, 2010) (SR-
ISE-2010-72).
    \4\ See Securities Exchange Act Release Nos. 65775 (November 17,
2011), 76 FR 72473 (November 23, 2011) (SR-NASDAQ-2011-138) and
65776 (November 17, 2011), 76 FR 72482 (November 23, 2011) (SR-PHLX-
2011-131).
---------------------------------------------------------------------------

    On November 17, 2011, the Exchange amended the STOS Program by
increasing the number of strikes that may be listed per class (from 20
to 30) that participates in the STOS Program, and by increasing the
number of classes (from 15 to 25) that are eligible to participate in
the STOS.\5\ On that same day, NOM and PHLX each increased the number
of classes that are eligible to participate in their STOS Programs from
15 classes to 30 classes. As a result, ISE is competitively
disadvantaged since it operates a substantially similar STOS Program as
NOM and PHLX but is limited to selecting only 25 classes that may
participate in its STOS Program (whereas PHLX and NOM may each select
30 classes).\6\
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    \5\ See Securities Exchange Act Release No. 65771 (November 17,
2011), 76 FR 72472 (November 23, 2011) (SR-ISE-2011-60).
    \6\ ISE is permitted to list short term options ``on any option
classes that are selected by other securities exchanges that employ
a similar program under their respective rules.'' See Supplementary
Material .02 to ISE Rule 504, and Supplementary Material .01 to ISE
Rule 2009.
---------------------------------------------------------------------------

    The Exchange is not proposing any changes to these additional STOS
Program limitations other than to increase from 25 to 30 the number of
option classes that may participate in the STOS Program.
    ISE notes that the STOS Program has been well-received by market
participants, in particular by retail investors. ISE believes a modest
increase to the number of classes that may participate in the STOS
Program, such as the one proposed in this rule filing, will permit ISE
to meet increased customer demand and provide market participants with
the ability to hedge in a greater number of option classes.
    With regard to the impact of this proposal on system capacity, ISE
has analyzed its capacity and represents that it and the Options Price
Reporting Authority (``OPRA'') have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of classes that participate in the STOS Program.
    The proposed increase to the number of classes eligible to
participate in the STOS Program is required for competitive purposes as
well as to ensure consistency and uniformity among the competing
options exchanges that have adopted similar STOS Programs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 \7\ (the
``Act'') in general, and furthers the objectives of Section 6(b)(5) of
the Act \8\ in particular, in that it 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 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 Exchange believes that expanding the current short
term options program will result in a continuing benefit to investors
by giving them more flexibility to closely tailor their investment
decisions and hedging decisions in greater number of securities. The
Exchange believes that expanding the current program would provide the
investing public and other market participants increased opportunities
because an expanded program would provide market participants
additional opportunities to hedge their investment thus allowing these
investors to better manage their risk exposure. While the expansion of
the STOS Program will generate additional quote traffic, the Exchange
does not believe that this increased traffic will become unmanageable
since the proposal remains limited to a fixed number of classes.
Further, the Exchange does not believe that the proposed rule change
will result in a material proliferation of additional series because
the number of series per class remains limited, and the Exchange does
not believe that the additional

price points will result in fractured liquidity.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 on 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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to those of
other exchanges that have been approved by the Commission that permit
such exchanges to select up to 30 classes to participate in their
respective short term option series programs.\11\ Therefore, the
Commission designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \11\ See supra note 4.
    \12\ 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 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.

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 email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-08 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-ISE-2012-08. This file
number should be included on the subject line if email 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, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing 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-ISE-2012-08 and should be
submitted on or before March 19, 2012.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4420 Filed 2-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34931-34932]
[DOCID:fr16jn06-101]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0066; FRL-8184-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Petroleum Dry Cleaners,
EPA ICR Number 0997.08, OMB Control Number 2060-0079

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

DATES: Additional comments may be submitted on or before July 17, 2006.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2005-0066, to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division (CAMPD), Office of Compliance, (Mail Code
2223A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 21, 2005 (70 FR 55368), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2005-0066, which is available for public viewing
online at http://www.regulations.gov, or in-person viewing at the

Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA

receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information, or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: NSPS for Petroleum Dry Cleaners (40 CFR part 60, subpart
JJJ).
    ICR Numbers: EPA ICR Number 0997.08, OMB Control Number 2060-0079.
    ICR Status: This ICR is scheduled to expire on June 30, 2006. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The New Source Performance Standards (NSPS) for petroleum
dry cleaning industry were proposed on December 14, 1982, promulgated
on September 21, 1984, and amended on October, 17, 2000 (65 FR 61773).
These standards apply to each petroleum dry cleaning facility, which
commenced construction, reconstructed, or modified after December 14,
1982, with a total manufacturer's rated dryer capacity equal to or
greater than 38 kilograms (84 pounds).
    Owners or operators of the affected facilities must make the
required initial notifications, and performance tests. Respondents must
also maintain record of performance tests. These notifications,
reports, and records are essential in determining compliance, and are
required of all sources subject to NSPS.
    Any owner or operator subject to the provisions of this part must
maintain a file of these measurements, and retain the file for at least
two years following the collection of such measurements, maintenance
reports, and records. All reports are sent to the delegated state or
local authority. In the event that there is no such delegated
authority, the reports are sent directly to the EPA regional office.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a request for collection of information unless it
displays a currently valid OMB Control Number. The OMB Control Numbers
for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter
15, and are identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 25
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Petroleum dry cleaners facilities.

    Estimated Number of Respondents: 18.
    Frequency of Response: Initially.
    Estimated Total Annual Hour Burden: 1,664.
    Estimated Total Annual Cost: There are no annualized capital/
startup or O&M costs associated with this ICR.
    Changes in the Estimates: There is an increase of 181 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. The increase in burden from the most recently
approved ICR is due to the fact that we are accounting for not only
technical person-hours but also management and clerical person-hours.
    There are no capital/startup and operations and maintenance (O&M)
costs associated with this ICR.

    Dated: June 8, 2006.
Oscar Morales,
Director, Collection Strategies Division.
 [FR Doc. E6-9464 Filed 6-15-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Pages 48358-48359]
[FR Doc No: 2019-19881]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3304]

The Special 510(k) Program; Guidance for Industry and Food and
Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance entitled ``The Special 510(k)
Program.'' FDA established the Special 510(k) Program to facilitate the
submission, review, and clearance of changes to a manufacturer's own
legally marketed predicate device. This guidance provides the framework
that FDA uses when considering whether a premarket notification
(510(k)) is appropriate for review as a Special 510(k).

DATES: The announcement of the guidance is published in the Federal
Register on September 13, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-3304 for ``The Special 510(k) Program.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled ``The
Special 510(k) Program'' to the Office of Policy, Guidance and Policy
Development, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver
Spring, MD 20993-0002 or the Office of Communication, Outreach, and
Development, Center for Biologics Evaluation and Research, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128,
Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to
assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Joshua Silverstein, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 1615, Silver Spring, MD 20993-0002, 301-
796-5155; Angela DeMarco, Center for Devices and Radiological Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm.
1611, Silver Spring, MD 20993-0002,<PHONE_NUMBER>; or Stephen Ripley,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,

Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 20, 1998, FDA issued the guidance document, ``The New
510(k) Paradigm: Alternate Approaches to Demonstrating Substantial
Equivalence in Premarket Notifications,'' which established the Special
510(k) Program. By establishing the Special 510(k) Program, FDA sought
to create an efficient review process for certain changes subject to
510(k) submission requirements by leveraging design control
requirements. The Special 510(k) Program allows manufacturers that are
intending to change their own legally marketed device to utilize risk
analysis and verification and validation activities to facilitate
submission, review, and clearance of the change. While FDA intends to
review Special 510(k)s within 30 days, the Special 510(k) Program does
not alter any statutory or regulatory requirements related to the
510(k) process under sections 510 and 513 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360 and 360c) and 21 CFR part 807, subpart
E.
    To improve the efficiency of 510(k) review, FDA has updated the
Special 510(k) Program to both clarify existing policy and the types of
changes appropriate for the program. This guidance explains the factors
FDA uses when considering whether a 510(k) is appropriate for review as
a Special 510(k). In general, a change to an existing device may be
appropriate for a Special 510(k) when: (1) The proposed change is
submitted by the manufacturer legally authorized to market the existing
device; (2) performance data are unnecessary, or if performance data
are necessary, well-established methods are available to evaluate the
change; and (3) all performance data necessary to support substantial
equivalence can be reviewed in a summary or risk analysis format.
    FDA considered comments received on the draft guidance that
appeared in the Federal Register of September 28, 2018 (83 FR 49097).
FDA revised the guidance as appropriate in response to the comments.
This document supersedes the Special 510(k) content in ``The New 510(k)
Paradigm: Alternate Approaches to Demonstrating Substantial Equivalence
in Premarket Notifications,'' issued on March 20, 1998.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``The Special 510(k) Program.'' It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations. This guidance
is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. This
guidance document is also available at https://www.regulations.gov or
https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances. Persons unable to
download an electronic copy of ``The Special 510(k) Program'' may send
an email request to<EMAIL_ADDRESS>to receive an electronic
copy of the document. Please use the document number 18008 and complete
title of the guidance in the request to identify the guidance you are
requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
the following FDA regulations and guidance have been approved by OMB as
listed in the following table:

------------------------------------------------------------------------
  21 CFR part; guidance; or FDA
               form                       Topic          OMB control No.
------------------------------------------------------------------------
807, subpart E...................  Premarket                   0910-0120
                                    Notification.
801..............................  Medical Device              0910-0485
                                    Labeling
                                    Regulations.
820..............................  Current Good                0910-0073
                                    Manufacturing
                                    Practice (CGMP);
                                    Quality System
                                    (QS) Regulation.
``Requests for Feedback and        Q-submissions......         0910-0756
 Meetings for Medical Device
 Submissions: The Q Submission
 Program and Meetings with Food
 and Drug Administration Staff''.
------------------------------------------------------------------------

    Dated: September 9, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-19881 Filed 9-12-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62356-62357]
[FR Doc No: 2020-21838]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34031; File No. 812-15142]

Frost Family of Funds and Frost Investment Advisors, LLC

September 29, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order pursuant to: (a) Section 6(c)
of the Investment Company Act of 1940 (``Act'') granting an exemption
from sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of
the Act granting an exemption from section 12(d)(1) of the Act; (c)
sections 6(c) and 17(b) of the Act granting an exemption from sections
17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d) section 17(d) of
the Act and rule 17d-1 under the Act to permit certain joint
arrangements and transactions. Applicants request an order that would
permit certain registered management investment companies to
participate in a joint lending and borrowing facility.

Applicants: Frost Family of Funds (the ``Trust'') a Delaware statutory
trust registered under the Act as an open-end management investment
company on behalf of all existing series; \1\and Frost Investment
Advisors, LLC (``Frost''), a Delaware limited liability company that is
registered as an investment adviser under the Investment Advisers Act
of 1940.
---------------------------------------------------------------------------

    \1\ Certain of the Funds (defined below) may be money market
funds that comply with Rule 2a-7 under the Act (each a ``Money
Market Fund''). None of the existing Funds is a Money Market Fund,
but if Money Market Funds rely on this relief in the future, they
typically will not participate as borrowers because such Funds
rarely need to borrow cash to meet redemptions.

---------------------------------------------------------------------------
Filing Dates: The application was filed on July 8, 2020.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on October 26, 2020, and should be
accompanied by proof of service on the applicants, in the form of an
affidavit, or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090; Applicants: Michael Beattie, SEI
Investments, One Freedom Valley Drive, Oaks, PA 19456,
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Stephan N. Packs, Senior Counsel, at
(202) 551-6853, or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Summary of the Application:
    1. Applicants request an order that would permit Applicants to
participate

in an interfund lending facility where each Fund could lend money
directly to and borrow money directly from other Funds to cover
unanticipated cash shortfalls, such as unanticipated redemptions or
sales fails.\2\ The Funds will not borrow under the facility for
leverage purposes and the loans' duration will be no more than 7 days.
\3\
---------------------------------------------------------------------------

    \2\ Applicants request that the order apply to the Applicants
and to any existing or future series of the Trust and to any
existing or future registered open-end management investment company
or existing or future series thereof for which Frost or any
successor thereto or an investment adviser controlling, controlled
by, or under common control with Frost or any successor thereto
serves as investment adviser (each a ``Fund'' and, collectively, the
``Funds'' and each such investment adviser an ``Adviser''). For
purposes of the requested order, ``successor'' is limited to any
entity that results from a reorganization into another jurisdiction
or a change in the type of a business organization.
    \3\ Any Fund, however, will be able to call a loan on one
business day's notice.
---------------------------------------------------------------------------

    2. Applicants anticipate that the proposed facility would provide a
borrowing Fund with a source of liquidity at a rate lower than the bank
borrowing rate at times when the cash position of the Fund is
insufficient to meet temporary cash requirements. In addition, Funds
making short-term cash loans directly to other Funds would earn
interest at a rate higher than they otherwise could obtain from
investing their cash in repurchase agreements or certain other short-
term money market instruments. Thus, Applicants assert that the
facility would benefit both borrowing and lending Funds.
    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Among others, the Adviser, through a designated committee, would
administer the facility as a disinterested fiduciary as part of its
duties under the investment management agreements with each Fund and
would receive no additional fee as compensation for its services in
connection with the administration of the facility. The facility would
be subject to oversight and certain approvals by a Fund's Board,
including, among others, approval of the interest rate formula and of
the method for allocating loans across Funds, as well as review of the
process in place to evaluate the liquidity implications for the Funds.
A Fund's aggregate outstanding interfund loans will not exceed 15% of
its net assets at the time of the loan, and the Fund's loans to any one
Fund will not exceed 5% of the lending Fund's net assets.\4\
---------------------------------------------------------------------------

    \4\ Under certain circumstances, a borrowing Fund will be
required to pledge collateral to secure the loan.
---------------------------------------------------------------------------

    4. Applicants assert that the facility does not raise the concerns
underlying section 12(d)(1) of the Act given that the Funds are part of
the same group of investment companies and there will be no duplicative
costs or fees to the Funds.\5\ Applicants also assert that the proposed
transactions do not raise the concerns underlying sections 17(a)(1),
17(a)(3), 17(d) and 21(b) of the Act as the Funds would not engage in
lending transactions that unfairly benefit insiders or are detrimental
to the Funds. Applicants state that the facility will offer both
reduced borrowing costs and enhanced returns on loaned funds to all
participating Funds and each Fund would have an equal opportunity to
borrow and lend on equal terms based on an interest rate formula that
is objective and verifiable. With respect to the relief from section
17(a)(2) of the Act, Applicants note that any collateral pledged to
secure an interfund loan would be subject to the same conditions
imposed by any other lender to a Fund that imposes conditions on the
quality of or access to collateral for a borrowing (if the lender is
another Fund) or the same or better conditions (in any other
circumstance).\6\
---------------------------------------------------------------------------

    \5\ Applicants state that the obligation to repay an interfund
loan could be deemed to constitute a security for the purposes of
sections 17(a)(1) and 12(d)(1) of the Act.
    \6\ Applicants state that any pledge of securities to secure an
interfund loan could constitute a purchase of securities for
purposes of section 17(a)(2) of the Act.
---------------------------------------------------------------------------

    5. Applicants also believe that the limited relief from section
18(f)(1) of the Act that is necessary to implement the facility
(because the lending Funds are not banks) is appropriate in light of
the conditions and safeguards described in the application and because
the open-end Funds would remain subject to the requirement of section
18(f)(1) that all borrowings of the open-end Fund, including combined
interfund loans and bank borrowings, have at least 300% asset coverage.
    6. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction, including the
compensation to be paid or received, are fair and reasonable and do not
involve overreaching on the part of any person concerned; (b) the
proposed transaction is consistent with the policies of each registered
investment company involved; and (c) the proposed transaction is
consistent with the general purposes of the Act. Rule 17d-1(b) under
the Act provides that in passing upon an application filed under the
rule, the Commission will consider whether the participation of the
registered investment company in a joint enterprise, joint arrangement
or profit sharing plan on the basis proposed is consistent with the
provisions, policies and purposes of the Act and the extent to which
such participation is on a basis different from or less advantageous
than that of the other participants.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-21838 Filed 10-1-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Page 5500]
[FR Doc No: 2020-01642]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88028; File No. SR-NASDAQ-2019-091]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change To Adopt a New Rule Permitting Nasdaq To Halt
Trading in a Security and Request Information From the Company
Regarding the Number of Unrestricted Publicly Held Shares in Certain
Circumstances

January 24, 2020.
    On November 22, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt a new rule permitting Nasdaq to halt
trading in a security and request information from the company
regarding the number of unrestricted publicly held shares when Nasdaq
observes unusual trading characteristics in a security or a company
announces an event that may cause a contraction in the number of
unrestricted publicly held shares. The proposed rule change was
published for comment in the Federal Register on December 12, 2019.\3\
The Commission has received no comment letters on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87677 (Dec. 6,
2019), 84 FR 67974.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is January 26, 2020. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
March 11, 2020 as the date by which the Commission shall either approve
or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NASDAQ-2019-091).
---------------------------------------------------------------------------

    \5\ Id.
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01642 Filed 1-29-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67465-67466]
[FR Doc No: 2014-26870]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0190]

Shipyard Employment Standards; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
contained in the Shipyard Employment Standards of Subpart G--Gear and
Equipment for Rigging and Materials Handling (29 CFR 1915.112(a)(1), 29
CFR 1915.112(b)(1)(i), 29 CFR 1915.112(c)(1)(i), 29 CFR 1915.112(c)(2),
29 CFR 1915.113(a)(1), 29 CFR 1915.113(b)(1) and 29 CFR 1915.115(c))
and Subpart K--Portable, Unfired Pressure Vessels, Drums and
Containers, Other than Ship's Equipment (29 CFR 1915.172(d)). The
purpose of the collection of information (paperwork) provisions of the
Standards is to reduce workers' risk of death or serious injury by
ensuring that equipment has been tested and is in safe operating
condition.

DATES: Comments must be submitted (postmarked, sent, or received) by
January 12, 2015.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0190, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0190) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change and may be made
available online at http://www.regulations.gov. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    Manila rope and manila-rope slings (paragraph 1915.112(a)(1))--The
employer must ensure that manila rope and manila-rope slings have
permanently affixed and legible identification markings as prescribed
by the manufacturer that indicate the recommended safe working load for
the type(s) of hitch(es) used, the angle upon which it is based, and
the number of legs if more than one.
    Wire rope and wire-rope slings (paragraph 1915.112(b)(1)(i))--The
employer must ensure that wire rope and wire-rope slings have
permanently affixed and legible identification markings as prescribed
by the manufacturer that indicate the recommended safe working load for
the type(s) of hitch(es) used, the angle upon which it is based, and
the number of legs if more than one.
    Chain and chain slings (paragraph 1915.112(c)(1)(i))--The employer
must ensure that chain and chain slings have permanently affixed and
legible identification markings as prescribed by the manufacturer that
indicate the recommended safe working load for the type(s) of hitch(es)
used, the angle upon which it is based, and the number of legs if more
than one.
    Chain and chain slings (paragraph 1915.112(c)(2))--The employer
shall visually inspect all sling chains, including end fastenings,
before being used on the job, as well as every three months. The
inspection shall include inspection for wear, defective welds,
deformation and increase in length or stretch. Each chain shall bear an
indication of the month in which it was thoroughly inspected.
    Shackles (paragraph 1915.113(a)(1))--The employer must ensure that
shackles have permanently

affixed and legible identification markings as prescribed by the
manufacturer that indicate the recommended safe working load.
    Test Records for Hooks (paragraph 1915.113(b)(1))--This paragraph
requires that the manufacturer's recommendations be followed in
determining the safe working loads of the various sizes and types of
hooks. If the manufacturer's recommendations are not available, the
hook must be tested to twice the intended safe working load before it
is initially put into use. The employer must maintain and keep readily
available a certification record which includes the date of such test,
the signature of the person who performed the test, and an identifier
for the hook which was tested.
    The records are used to assure that equipment has been properly
tested. The records also provide the most efficient means for the
compliance officers to determine that an employer is complying with the
Standard.
    Mobile Crawler or Truck Cranes Used on a Vessel (paragraph
1915.115(c))--This paragraph requires that the maximum manufacturer's
rated safe working loads for the various working radii of the boom and
the maximum and minimum radii at which the boom may be safely used with
and without outriggers shall be conspicuously posted near the controls
and shall be visible to the operator.
    Examination and Test Records for Unfired Pressure Vessels
(paragraph 1915.172(b)and(d))--This paragraph requires that portable,
unfired pressure vessels not built to the requirements of the American
Society of Mechanical Engineers Boiler and Pressure Vessel Code,
Section VIII, Rules for Construction of Unfired Pressure Vessels, 1963
be examined quarterly by a competent person and subjected to a yearly
hydrostatic pressure test. A certification record of such examinations
and tests shall be maintained.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to increase the existing burden hour estimate for
the collection of information requirements specified by the Standards
from 3,162 hours to 9,773 hours, a total increase of 6,611 hours. In
this ICR, the scope of the maritime standards in 29 CFR 1915 for
slings, shackles, and hooks are based on the Final Economic Analysis
for the Final Rule revising subpart F of 29 CFR part 1915 prepared by
OSHA's Office of Regulatory Analysis. As a result of the Final Rule,
the revision of the standard applies to all shipyard employment which
is defined in Sec.  1915.4(i) as ship repairing, shipbuilding,
shipbreaking, and related employment. Also, upon further analysis, the
Agency identified two new collections of information contained in the
Standard under paragraphs Sec. Sec.  1915.112(c)(2) and 1915.115(c)(1).
The Agency will summarize any comments submitted in response to this
notice and will include this summary in its request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Shipyard Employment Standards (29 CFR part 1915).
    OMB Number: 1218-0220.
    Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 2,759.
    Frequency of Response: On occasion.
    Average Time per Response: Varies from 2 minutes (.03 hour) to
maintain a certification record to 35 minutes (.58 hour) to obtain
certain information from a manufacturer.
    Estimated Total Burden Hours: 9,773.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0190). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number, so the Agency can attach
them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information, such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on November 7, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-26870 Filed 11-12-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21871-21872]
[FR Doc No: 2018-09988]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0973; Airspace Docket No. 17-ANM-30]
RIN 2120-AA66

Establishment of Class E Airspace, Paris, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Bear Lake County Airport, Paris, ID, to
accommodate new area navigation (RNAV) procedures at the airport. This
action is necessary for the safety and management of instrument flight
rules (IFR) operations within the National Airspace System.

DATES: Effective 0901 UTC, July 19, 2018. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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 establishes Class E airspace extending upward from 700 feet above
the earth at Bear Lake County Airport, Paris, ID, to support IFR
operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 60132; December 19, 2017) for Docket No. FAA-2017-0973
to establish Class E airspace extending upward from 700 feet above the
surface at Bear Lake County Airport, Paris, ID.

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 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface at Bear Lake County Airport, Paris, ID, within a 6.6-
mile radius of the airport, and within a rectangular segment east of
the airport extending approximately 15.3 miles wide (from east to west)
and 28.1 miles tall (from north to south), and a trapezoidal area west
of the airport extending approximately 10.5 miles wide (from east to
west) and 33.8 miles tall (from north to south).

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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 only affects 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists 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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 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 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM ID E5 Paris, ID [New]

Bear Lake County Airport, ID
    (Lat. 42[deg]14'59'' N, long. 111[deg]20'30'' W)

    That airspace extending upward from 700 feet above the surface
of Bear Lake County Airport within the area bounded by lat.
42[deg]29'26'' N, long. 111[deg]36'13'' W; to lat. 42[deg]29'32'' N,
long. 111[deg]28'55'' W; to lat. 42[deg]21'52'' N, long.
111[deg]28'07'' W; to the point where the airport 325[deg] bearing
intersects the airport 6.6-mile radius; thence clockwise along the
6.6-mile radius of the airport to the airport 017[deg] bearing, to
lat. 42[deg]34'39'' N, long. 111[deg]19'45'' W; to lat.
42[deg]35'06'' N, long. 110[deg]59'38'' W; to lat. 42[deg]08'06'' N,
long. 110[deg]54'19'' W; to lat. 42[deg]05'45'' N, long.
111[deg]15'34'' W; to the point where the airport 150[deg] bearing
intersects the 6.6-mile radius of the airport, thence clockwise
along the 6.6-mile radius of the airport to the airport 226[deg]
bearing, to lat. 41[deg]55'22'' N, long. 111[deg]25'20'' W; to lat.
41[deg]55'58'' N, long. 111[deg]44'44'' W; thence to the point of
beginning.

    Issued in Seattle, Washington, on May 4, 2018.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-09988 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53478]
[FR Doc No: 2011-21895]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0528]

Food Safety Modernization Act Domestic and Foreign Facility
Reinspections, Recall, and Importer Reinspection User Fee Rates for
Fiscal Year 2012; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of August 1, 2011 (76 FR 45820).
The document announced the fiscal year 2012 fee rates for certain
domestic and foreign facility reinspections, failure to comply with a
recall order, and importer reinspections that are mandated in the FDA
Food Safety Modernization Act (FSMA). The document was published with
two typographical errors. This document corrects those errors.

FOR FURTHER INFORMATION CONTACT: Amy Waltrip, 12420 Parklawn Dr., Rm.
2012, Rockville, MD 20857,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. FDA-2011-19331, appearing on page
45820 in the Federal Register of Monday, August 1, 2011, the following
corrections are made:
    1. On page 45822, in the second column, in the first line, ``$335''
is corrected to read ``$325''.
    2. On page 45822, in the second column, in ``Table 3--FSMA Fee
Schedule for FY 2012,'' ``$335'' is corrected to read ``$325''.

    Dated: August 19, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-21895 Filed 8-25-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Notices]
[Pages 66007-66008]
[FR Doc No: 2016-23159]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-184-000.
    Applicants: WGP Acquisition, LLC, Lea Power Partners, LLC,
Waterside Power, LLC, Badger Creek Limited, Chalk Cliff Limited, Double
C Generation Limited Partnership, High Sierra Limited, Kern Front
Limited, McKittrick Limited, Bear Mountain Limited, Live Oak Limited.
    Description: Joint 203 Application for WPG Acquisition, LLC, et al.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5193.
    Comments Due: 5 p.m. ET 10/11/16.

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

    Docket Numbers: ER10-2759-005; ER10-2732-011; ER10-2733-011; ER10-
2734-011; ER10-2736-011; ER10-2737-011; ER10-2741-011; ER10-2749-011;
ER10-2752-011; ER12-2492-007; ER12-2493-007; ER12-2494-007; ER12-2495-
007; ER12-2496-007; ER14-264-002; ER10-2631-005; ER10-1437-004; ER13-
815-003.
    Applicants: Bridgeport Energy LLC, Emera Energy Services Inc.,
Emera Energy U.S. Subsidiary No. 1, Inc., Emera Energy U.S. Subsidiary
No. 2, Inc., Emera Energy Services Subsidiary No. 1 LLC, Emera Energy
Services Subsidiary No. 2 LLC, Emera Energy Services Subsidiary No. 3
LLC, Emera Energy Services Subsidiary No. 4 LLC, Emera Energy Services
Subsidiary No. 5 LLC, Emera Energy Services Subsidiary No. 6 LLC, Emera
Energy Services Subsidiary No. 7 LLC, Emera Energy Services Subsidiary
No. 8 LLC, Emera Energy Services Subsidiary No. 9 LLC, Emera Energy
Services Subsidiary No. 10 LLC, Emera Maine, Rumford Power Inc., Tampa
Electric Company, Tiverton Power LLC.
    Description: Supplement to August 1, 2016 Notice of Change in
Status of the Emera Entities, et al.
    Filed Date: 8/17/16.
    Accession Number: 20160817-5262.
    Comments Due: 5 p.m. ET 9/30/16.

    Docket Numbers: ER16-120-003.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: NYISO compliance filing RMR tariff
revision to be effective 10/20/2015.
    Filed Date: 9/20/16.
    Accession Number: 20160920-5002.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2613-000.
    Applicants: Antelope Big Sky Ranch LLC.
    Description: Sec.  205(d) Rate Filing: Antelope Big Sky Ranch LLC
Amended SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5141.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2614-000.
    Applicants: Antelope DSR 1, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 1, LLC Amended
SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5142.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2615-000.
    Applicants: Antelope DSR 2, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 2, LLC Amended
SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5143.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2616-000.
    Applicants: Antelope DSR 3, LLC.
    Description: Sec.  205(d) Rate Filing: Antelope DSR 3, LLC Amended
SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5144.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2617-000.
    Applicants: Bayshore Solar A, LLC.
    Description: Baseline eTariff Filing: Bayshore Solar A, LLC SFA to
be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5145.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2618-000.
    Applicants: Bayshore Solar B, LLC.
    Description: Baseline eTariff Filing: Bayshore Solar B, LLC SFA to
be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5146.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2619-000.
    Applicants: Bayshore Solar C, LLC.
    Description: Baseline eTariff Filing: Bayshore Solar C, LLC SFA to
be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5147.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2620-000.
    Applicants: Elevation Solar C LLC.
    Description: Sec.  205(d) Rate Filing: Elevation Solar C LLC
Amended SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5148.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2621-000.
    Applicants: Solverde 1, LLC.
    Description: Sec.  205(d) Rate Filing: Solverde 1, LLC Amended SFA
to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5149.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2622-000.
    Applicants: Western Antelope Blue Sky Ranch B LLC.
    Description: Sec.  205(d) Rate Filing: Western Antelope Blue Sky
Ranch B LLC Amended SFA to be effective 9/20/2016.
    Filed Date: 9/19/16.
    Accession Number: 20160919-5150.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2623-000.
    Applicants: BTI Interconnection, LLC.
    Description: Baseline eTariff Filing: Filing of Shared Facilities
Agreement to be effective 9/20/2016.
    Filed Date: 9/20/16.
    Accession Number: 20160920-5000.
    Comments Due: 5 p.m. ET 10/11/16.

    Docket Numbers: ER16-2624-000.
    Applicants: FPL Energy Wyman LLC.
    Description: Baseline eTariff Filing: FPL Energy Wyman LLC and FPL
Energy Wyman IV LLC Shared Facilities Agreement to be effective 10/1/
2016.
    Filed Date: 9/20/16.
    Accession Number: 20160920-5054.
    Comments Due: 5 p.m. ET 10/11/16.

    The filings are accessible in the Commission's eLibrary system by

clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-23159 Filed 9-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 80831-80832]
[FR Doc No: 2011-33091]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No. FAA-2011-1397]

Clarification of Policy Regarding Approved Training Programs

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

ACTION: Notice of availability; request for comment.

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

SUMMARY: This document announces the availability of an FAA Notice that
would require FAA inspectors to review 14 CFR part 135 approved
training programs to identify and correct those programs which
erroneously issued credit for previous training or checking. The
document also provides guidance on constructing reduced hour training
programs based on previous experience. Upon review of the comments and
any necessary revision, this document would cancel and replace FAA
Order 8900.1, Volume 3, Chapter 19, Paragraph 3-1111.

DATES: Written comments must be received on or before February 27,
2012.

ADDRESSES: Send comments identified by docket number FAA-2011-1397
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Robert Burke, Air Carrier Training
Branch, Air Transportation Division, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone: (202)

267-8262; facsimile:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FAA Order 8900.1, Flight Standards
Information Management System, was issued on September 13, 2007. This
order consolidated and replaced FAA Orders 8300.1, 8400.1, and 8700.1,
the FAA's guidance to inspectors. There have been numerous inquiries by
part 135 certificate holders regarding the acceptance of training/
evaluations previously completed by a crewmember while in the
employment of another certificate holder. Regulations do not permit the
crediting of such training (with the specific exception of CRM and DRM
training).
    Additionally, some training centers have distributed a training
program template that provides credit for training/evaluations
conducted by another operator. Such provisions are contrary to the
intent as well as the technical provisions of part 135 and are not
appropriate for inclusion in a certificate holder's approved training
program.
    Part 135 certificate holders may develop and submit for approval
multiple curriculums for a particular crewmember position and aircraft
make/model/variant. For example, a part 135 certificate holder may have
a an initial new-hire curriculum designed to meet the requirements of
new hire crewmembers that have minimal flight time, no previous part
135 experience, or do not have qualifications related to the
certificate holder's operational environment. The certificate holder
may then also apply for a reduced new hire curriculum for pilots that
have previous experience as a crewmember in part 135 operations and/or
the particular aircraft and duty position. The second curriculum in
this example may have less training hours due to the crewmember's
extensive experience. Each of these curriculums would also have
detailed prerequisites to define the level of experience required to
enter into either of these new hire programs. There are no hour
requirements which need to be defined on a reduced training program,
however all the training elements of the certificate holder's full
initial training program must be accomplished as well as the
qualification module.
    While the FAA generally does not request comment on internal
Notices and orders, the agency has established a docket for public
comments regarding this guidance for inspectors in recognition of the
interest of current 14 CFR part 135 certificate holders. The agency
will consider all comments received by January 26, 2012. Comments
received after that date may be considered if consideration will not
delay agency action on the review. A copy of the proposed order is
available for review in the assigned docket for the Order at http://www.regulations.gov.

    Issued in Washington, DC on December 13, 2011.
John S. Duncan,
Acting Deputy Director, FAA Flight Standards Service.
[FR Doc. 2011-33091 Filed 12-23-11; 8:45 am]
BILLING CODE 4910-13-P