			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 3, 2005

July 21, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-135274-19375

*CORRECTED COPY

________________________________________________________________________
________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application  of CONTINENTAL AIRLINES, INC. filed 610/12/17/04 (amended
12/6/04)   for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following serviceRenewal of exemption for two years under 49 U.S.C.
40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between New York/Newark and Moscow, Russia, as well as integration
authority to combine this authority with Continental’s other existing
exemption and certificate authority.   Continental intends to begin
service on this route on March 25, 2006.

XX  Allocation of seven (7 ) U.S.-Russia combination service
frequencies:

Continental requests seven (7) U.S.-Russia frequencies to permit
Continental to offer daily New York/Newark-Moscow service during the
peak season.

XX  Waiver from 90-day dormancy condition:

Continental requests a waiver of the Department’s standard dormancy
conditions imposed on frequency allocations to enable Continental to
operate fewer than daily flights during the off-peak seasons.

Applicant rep:   R. Bruce Keiner, Jr.<PHONE_NUMBER>     DOT Analyst:
Linda L. LundellThuy H. Cooper<PHONE_NUMBER>5423

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The exemption authority granted was effective when taken:   July 21,
2004  December 23, 2004, through July 21, 2006   December 23, 2006.

The frequency allocation and waiver of dormancy conditions was effective
when taken: December 23, 2004, and will remain in effect indefinitely,
subject to the conditions described below.

* Corrects Notice of Action Taken dated December 23, 2004, to reflect
that the allocation of frequencies is for combination service rather
than for code-share service.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The Annexes to the U.S.-Russia Air Transport Agreement (Agreement)
expired on January 22, 2001.  However, the operations proposed by
Continental are in conformance with the Annexes agreed to by both sides
ad referendum on April 11, 2002.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificate of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

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

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon Continental rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Continental notifies the Department of its intent to
serve such a market and unless and until the Department has completed
any necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any such carrier to use the limited-entry route rights that
are included in Continental’s authority by virtue of the route
integration authority granted here, but that are not then being used by
Continental, the holding of such authority by route integration will not
be considered as providing any preference for Continental in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

Remarks:  Continental advised us that it had polled all the parties
served with its application for exemption, frequency allocation, and
waiver of the standard dormancy conditions and that none had objected.
Under those circumstances, we decided to grant Continental’s request
for waiver of the Department’s standard dormancy conditions normally
imposed on frequency allocations, to allow the carrier to adjust its New
York/Newark-Moscow service in accordance with seasonal demand.  However,
should the carrier decide not to institute services using all or a
portion of the seven U.S.-Russia frequencies or discontinue all or
portion of the seven U.S.-Russia frequencies (other than seasonally),
the carrier will be required immediately to notify the Department of
such and to return the unused frequencies for reallocation.

________________________________________________________________________
________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at: http://dms.dot.gov//reports/reports_aviation.aspU.S. Carrier
Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

   Continental amended its application to revise the proposed startup
date from May 5, 2005, to March 25, 2006.  Continental states that a
later startup date will provide more time for the carrier to implement
the proposed service at Moscow’s Domodedovo Airport.

   Continental had received New York-Moscow authority for code-share
services with Delta, and was allocated 3.5 U.S.-Russia frequencies for
those services (see Notice of Action Taken, dated August 21, 2003, in
Docket OST-03-15502).  On February 13, 2004, Continental advised the
Department that it was not code-sharing with Delta on the New
York-Moscow route, and the 3.5 frequencies reverted to the Department
for reallocation.

 Continental intends to operate daily flights during the May-September
peak season, five weekly flights in spring and fall, and four weekly
flights in the winter.

    This notice should be filed in Docket OST-2004-19375 and served on
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January 27, 2016

MEMORANDUM

SUBJECT:	GEM Power User Release for Debugging

FROM:	Houshun Zhang, OTAQ/ASD

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - EPA-HQ-OAR-2014-0827

This release contains the following folder

Interm Debug Release 1-2016

which contains all files required to run GEM


[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Notices]
[Pages 56452-56453]
[FR Doc No: 2015-23421]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER15-1293-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Complaince Revisions in Docket No.
ER15-1293--Attachment AE to be effective 5/15/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5038.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-1405-001.
    Applicants: The Empire District Electric Company.
    Description: Compliance filing: Compliance Filing re Settlement to
be effective 6/1/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5076.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-1918-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in ER15-1918--
Transmission Owner Selection Process Revisions to be effective 8/15/
2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5091.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2219-001.
    Applicants: EONY Generation Limited.
    Description: Compliance filing: Amendment to 20 to be effective 7/
17/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5101.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2376-001.
    Applicants: Energy Power Investment Company, LLC.
    Description: Tariff Amendment: Supplement to MBR application to be
effective 9/3/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5071.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2641-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee, Eversource Energy Service Company (as agent).
    Description: Sec.  205(d) Rate Filing: CTS to be effective 12/31/
9998.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5150.
    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2642-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2015-09-10_Planning
Coordinator Agreement with CCSF and CEII Request to be effective 11/10/
2015.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5151.
    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2643-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Sec.  205(d) Rate Filing: Filing of a CIAC Agreement
to be effective 11/10/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5088.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2644-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: Florida--Southern TIAA
Concurrence Filing to be effective 10/23/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5105.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2645-000.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC.
    Description: Sec.  205(d) Rate Filing: 2015 normal Sep to be
effective 9/11/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5122.
    Comments Due: 5 p.m. ET 10/2/15.

    Docket Numbers: ER15-2646-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2158R5 AECC NITSA and NOA
Notice of Cancellation to be effective 7/1/2015.
    Filed Date: 9/11/15.
    Accession Number: 20150911-5134.
    Comments Due: 5 p.m. ET 10/2/15.

    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 11, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-23421 Filed 9-17-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Rules and Regulations]
[Page 60621]
[FR Doc No: 2016-21109]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0851]

Drawbridge Operation Regulation; China Basin, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the 3rd Street Drawbridge across China
Basin, mile 0.0 at San Francisco, CA. The deviation is necessary to
allow participants to cross the bridge during the San Francisco Giant
Race at AT&T Park event. This deviation allows the bridge to remain in
the closed-to-navigation position during the deviation period.

DATES: This deviation is effective from 5 a.m. to 12 p.m. on September
11, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0851], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The City of San Francisco has requested a
temporary change to the operation of the 3rd Street Drawbridge, mile
0.0, over China Basin, at San Francisco, CA. The drawbridge navigation
span provides a vertical clearance of 3 feet above Mean High Water in
the closed-to-navigation position. The draw opens on signal if at least
one hour notice is given, as required by 33 CFR 117.149. Navigation on
the waterway is recreational.
    The drawspan will be secured in the closed-to-navigation position
from 5 a.m. to 12 p.m. on September 11, 2016, to allow participants to
cross the bridge during the San Francisco Giant Race at AT&T Park
event. This temporary deviation has been coordinated with the waterway
users. No objections to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so vessel operators can arrange their transits to minimize
any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 29, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2016-21109 Filed 9-1-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Proposed Rules]
[Page 26820-26823]
[DOCID:fr04jn09-25]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0249]
RIN 1625-AA09

Drawbridge Operation Regulations; CSX Railroad, Trout River, Mile
0.9, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the regulations governing
the operation of the CSX Railroad Bridge across the Trout River, mile
0.9, Jacksonville, Florida. This proposed rule would allow the bridge
to operate using an automated system, without an onsite bridge tender.
Currently, the bridge is required to open on signal from 6 a.m. until
10 p.m.; and from 10 p.m. until 6 a.m. The draw shall open on signal if
at least 12 hours notice is given.

DATES: Comments and related material must be received by the Coast
Guard on or before August 3, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0249 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Barry Dragon, Seventh Coast Guard District,
Bridge Branch, telephone number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0249), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
Online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment Online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment Online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0249'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0249 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

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

Public Meeting

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

Background and Purpose

    The CSX Railroad owner has requested that the Coast Guard remove
the existing regulations governing the operation of the CSX Railroad
Bridge over the Trout River and allow the bridge to operate utilizing
an automated system. The request is made because there are only four
train transits per day, which require short transit times. Under the
proposed rule, the bridge would remain in the open position to vessel
traffic at all other times.
    The CSX Railroad Bridge is located on the Trout River, mile 0.9,
Jacksonville, Florida. The current regulation governing the operation
of the CSX Railroad Bridge is published in 33 CFR 117.337 and requires
the bridge to open on signal from 6 a.m. until 10 p.m.; and from 10
p.m. until 6 a.m. the draw shall open on signal if at least 12 hours
notice is given.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulations of the
CSX Railroad Bridge so that the bridge can operate automatically. There
are only four train transits per day across this bridge. The proposed
action would remove the requirement that a bridge tender be present to
open the bridge on signal for vessel traffic. The bridge would remain
in the open position until a train approaches to cross the bridge. When
a train approaches, the CSX signal department shall send an electronic
signal to the bridge to order the closure sequence to begin. The bridge
control system will activate a series of scanners along the water level
to detect any marine traffic within the bridge closure area. The bridge
control system will turn off the green channel markers and turn on the
red bridge warning strobe lights and simultaneously sound a signal,
which will last throughout the entire closing period. The bridge shall
remain closed position to vessel traffic until the train has
sufficiently cleared the bridge area. When the train has cleared, the
bridge control system shall again sound a signal for the entire period
the bridge is opening. When the bridge is in the fully open position,
the red bridge warning strobe lights shall turn off, and the green
channel marker lights will relight. The bridge will remain in the open
to vessel traffic position until the next train crossing. If at any
time the scanners detect a vessel within the bridge structure, the
opening/closing sequence will automatically be halted until the vessel
clears the structure. Additional strobe lighting shall be placed on the

structure to warn vessels of impending closure.
    Signs shall be posted on both sides of the navigation channel
indicating, ``Caution; this bridge operates by remote control.'' A
toll-free, CSX contact telephone number shall be posted on the signs
for emergencies.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. Vessel traffic will be
able to transit under the bridge with the exception of the short
closure periods required for the trains to transit over the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule will affect vessel traffic
under the bridge and daily train crossings over the bridge. However,
the proposed rule will not change the number of times the bridge will
need to be in a closed position for trains. Additionally, the bridge
will remain in the open to navigation position at all other times for
the benefit of vessel traffic.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Barry Dragon, Seventh Coast
Guard District, Bridge Branch, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

    Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g).
    2. Revise Sec.  117.337 as follows:

Sec.  117.337  Trout River.

    The draw of the CSX Railroad Bridge across the Trout River, mile
0.9 at Jacksonville, operates as follows:
    The bridge is not tender.
    (a) The draw is normally in the fully open position, displaying
green lights to indicate that vessels may pass.
    (b) As a train approaches, provided the scanners do not detect a
vessel under the draw, the lights change to flashing red and a horn
continuously sounds while the draw closes. The draw remains closed
until the train passes.
    (c) After the train clears the bridge, the lights continue to flash
red and the horn again continuously sounds while the draw opens, until
the draw is fully open and the lights return to green.

    Dated: May 12, 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. E9-12979 Filed 6-3-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16036-16038]
[FR Doc No: 2012-6503]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0226]

Guidance for Industry, Third Parties and Food and Drug
Administration Staff; Medical Device ISO 13485:2003 Voluntary Audit
Report Submission Pilot Program; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Medical Device ISO 13485:2003
Voluntary Audit Report Submission Pilot Program.'' This guidance
document is intended to provide information on the implementation of
the Food and Drug Administration Amendments Act of 2007 (FDAAA), which
amends the Federal Food, Drug, and Cosmetic Act (the FD&C Act). This
guidance document describes how FDA's Center for Devices and
Radiological Health (CDRH) and Center for Biologics Evaluation and
Research (CBER) are implementing this provision of the law. The Pilot
Program will be effective June 5, 2012.

DATES: Submit either electronic or written comments on this guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Medical Device ISO 13485:2003 Voluntary Audit
Report Submission Pilot Program'' to the Division of Small
Manufacturers, International, and Consumer Assistance, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 4613, Silver Spring, MD 20993-0002 or
Office of Communication, Outreach and Development (HFM-40), 1401
Rockville Pike, suite 200N, Rockville, MD 20852. Send one self-
addressed adhesive label to assist that office in processing your
request, or fax your request to<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for information on electronic access to the
guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Kimberly A. Trautman, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5400, Silver Spring, MD 20993-0002,
301-796-5515; or Stephen Ripley, Center for Biologics Evaluation and
Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike,
Suite 200N, Rockville, MD 20852,<PHONE_NUMBER>.

I. Background

    This guidance document is intended to provide information on the
implementation of section 228 of FDAAA (Pub. L. 110-85), which amends
section 704(g)(7) of the FD&C Act (21 U.S.C. 374(g)(7)). Under this
guidance document, a device manufacturer whose establishment has been
audited under one of the regulatory systems implemented by the Global
Harmonization Task Force (GHTF) founding members \1\ using
International Organization for Standardization (ISO) 13485:2003
``Medical devices--Quality management systems--Requirements for
regulatory purposes'' and ISO 13485:2003 Technical Corrigendum 1:2009
``Medical devices--Quality management systems--Requirements for
regulatory purposes,'' (ISO 13485:2003) or a national adoption of this
standard, e.g., EUROPEAN STANDARD EN ISO 13485 July 2003 + AC August
2009, ``Medical devices--Quality management systems--Requirements for
regulatory purposes'' (ISO 13485:2003 + Cor 1:2009) (EN ISO 13485:2003/
AC:2009), National Standard of Canada CAN/CSA-ISO 13485:03 (ISO
13485:2003) ``Medical devices -- Quality management systems--
Requirements for regulatory purposes'' (Reaffirmed 2008) (CAN/CAS ISO
13485 13485:2003)), may voluntarily submit the resulting audit report
to FDA. If, based on that report, FDA determines that there is minimal
probability--in light of the relationship between the quality system
deficiencies observed and the particular device and manufacturing
processes involved--that the establishment will produce nonconforming
and/or defective finished devices,\2\ then FDA intends to use the audit
results as part of its risk assessment to determine whether that
establishment can be removed from FDA's routine work plan for 1 year.
The voluntarily submitted ISO 13485:2003 ``Medical devices--Quality
management systems--Requirements for regulatory purposes'' and ISO
13485:2003 Technical Corrigendum 1:2009 ``Medical devices--Quality
management systems--Requirements for regulatory purposes,'' (ISO
13485:2003) audit report provides FDA a degree of assurance of
compliance with basic and fundamental quality management system
requirements for medical devices.
---------------------------------------------------------------------------

    \1\ The GHTF founding members auditing systems include: The
Canadian Medical Devices Conformity Assessment System; the European
Union Notified Body Accreditation System; the Therapeutics Goods
Administration of Australia Inspectorate; and the Japanese Ministry
of Health, Labour and Welfare System for Medical Devices and In-
Vitro Diagnostics.
    \2\ See February 2, 2011, Compliance Program (CP) 7382.845
Inspection of Medical Device Manufacturers Part V http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm072753.htm.
---------------------------------------------------------------------------

    The medical device ISO 13485:2003 Voluntary Audit Report Submission
Pilot Program outlined in the guidance is another way in which FDA may
leverage audits performed by other GHTF regulators and their accredited
third parties in order to assist FDA in setting risk-based inspectional
priorities.
    The draft guidance document entitled, ``Medical Device ISO
13485:2003 Voluntary Audit Report Submission Program'' was published
for comment in the Federal Register of May 20, 2010 (75 FR 28257).
Comments on the collection information were due July 19, 2010, and
comments on the draft guidance document were due by August 18, 2010.
    FDA received comments and suggestions to pilot this program for a
period of time; an evaluation will follow to allow both FDA and
industry to work out potential issues, obstacles, and resource
allocations. FDA agrees and has decided to pilot this ISO 13485
Voluntary Audit Report Submission Program for a period of 2 years
effective June 5, 2012. FDA will then evaluate the program and report
on the findings and any issues or suggested changes.

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
Agency's current thinking on ``Medical Device ISO 13485:2003 Voluntary
Audit Report Submission Pilot Program.'' It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. A search capability for all CDRH guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov or from the
CBER Internet site at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. To receive
``Medical Device ISO 13485:2003 Voluntary Audit Report Submission Pilot
Program'' you may either send an email request to<EMAIL_ADDRESS>to

receive an electronic copy of the document or send a fax request to
301-847-8149 to receive a hard copy. Please use the document number
1746 to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520). The
collection(s) of information in this guidance was approved under OMB
control number 0910-0700. This final guidance also refers to currently
approved collections of information found in FDA regulations. These
collections of information are subject to review by OMB under the PRA.
The collections of information in 21 CFR part 820 are currently
approved under OMB control number 0910-0073 and the collections of
information for the Inspection by Accredited Persons Program are
currently approved under OMB control number 0910-0569.

V. Comments

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

    Dated: March 13, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6503 Filed 3-16-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Page 40694]
[FR Doc No: 2016-14756]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1925-000]

Pavant Solar II LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Pavant Solar II LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 6, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 16, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-14756 Filed 6-21-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43330-43332]
[FR Doc No: 2016-15583]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78165; File No. SR-BatsBYX-2016-14]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.22(i) Identifying Certain Transactions as the Bats One Opening Price
or the Bats One Closing Price

June 27, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 17, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the 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 filed a proposal to amend the content of the Bats One
Feed under Rule 11.22(i) to identify certain transactions as the ``Bats
One Opening Price'' or the ``Bats One Closing Price.''
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend the content of the Bats One Feed
under Rule 11.22(i) to identify certain transactions as the ``Bats One
Opening Price'' or the ``Bats One Closing Price.'' The last sale
information described below that the Exchange proposes to identify as
the Bats One Opening or Closing Price is currently included in the Bats
One Feed. The Exchange notes that it is not proposing to add new data
elements to the Bats One Feed; it is simply proposing to identify
existing data elements as the Bats One Opening or Closing Price. The
Bats One Feed is a data feed that disseminates, on a real-time basis,
the aggregate best bid and offer (``BBO'') of all displayed orders for
securities traded on BYX and its affiliated exchanges \3\ and for which
the Bats Exchanges report quotes under the Consolidated Tape
Association (``CTA'') Plan or the Nasdaq/UTP Plan.\4\
---------------------------------------------------------------------------

    \3\ BYX's affiliated exchanges are the Bats BZX Exchange, Inc.
(``BZX''), Bats EDGA Exchange, Inc. (``EDGA''), and Bats EDGX
Exchange, Inc. (``EDGX'', together with EDGA, BZX, and BYX, the
``Bats Exchanges'').
    \4\ See Securities Exchange Act Release No. 73918 (December 23,
2014), 79 FR 78920 (December 31, 2014) (File Nos. SR-EDGX-2014-25;
SR-EDGA-2014-25; SR-BATS-2014-055; SR-BYX-2014-030) (Notice of
Amendments No. 2 and Order Granting Accelerated Approval to Proposed
Rule Changes, as Modified by Amendments Nos. 1 and 2, to Establish a
New Market Data Product called the Bats One Feed) (``Bats One
Approval Order'').
---------------------------------------------------------------------------

    The last sale information disseminated as part of the Bats One Feed
includes the price, size, time of execution, and individual Bats
Exchange on which the trade was executed. The last sale information
also includes the cumulative number of shares executed on all Bats
Exchanges for that trading day.\5\
---------------------------------------------------------------------------

    \5\ The Bats One Feed also contains optional functionality which
enables recipients to receive aggregated two-sided quotations from
the Bats Exchanges for up to five (5) price levels for all
securities that are traded on the Bats Exchanges in addition to the
Bats One Summary Feed (``Bats One Premium Feed''). For each price
level on one of the Bats Exchanges, the Bats One Premium Feed
includes a two-sided quote and the number of shares available to buy
and sell at that particular price level.
---------------------------------------------------------------------------

    The Exchange now proposes to identify certain last sale
transactions as the Bats One Opening Price or the Bats One Closing
Price. For securities listed on BZX,\6\ the Bats One Opening Price
would be the BZX Official Opening Price as defined in BZX Rule
11.23(a)(5) \7\ and the Bats One Closing Price would be the BZX
Official Closing Price as defined in BZX Rule 11.23(a)(3).\8\ For
securities not listed on BZX, the Bats One Opening Price would be the
first last sale eligible trade \9\ that occurred on a Bats Exchange
after 9:30 a.m. Eastern Time. That first trade would be identified as
the Bats One Opening Price when disseminated via the Bats One Feed. The
Bats One Closing Price for non-BZX listed securities would be the final
last sale eligible trade to occur on a Bats Exchange prior to 4:00 p.m.
Eastern Time. The Bats One Closing Price would be disseminated via the
Bats One Feed after 4:00 p.m. Eastern Time. The Exchange would not
disseminate a Bats One Opening or Closing Price for a particular
trading day when a trade satisfying the above criteria does not occur.
---------------------------------------------------------------------------

    \6\ A BZX listed security is a security listed on the BZX
pursuant to Chapter 14 of BZX's Rules.
    \7\ The term ``BZX Official Opening Price'' is the price
disseminated to the consolidated tape as the market center opening
trade. See BZX Rule 11.23(a)(5). In the event that there is no
opening auction for a BZX listed security, the BZX Official Opening
Price will be the price of the final last sale eligible trade, which
will be the previous BZX Official Closing Price. See BZX Rule
11.23(b)(2)(B).
    \8\ The term ``BZX Official Closing Price'' is the price
disseminated to the consolidated tape as the market center closing
trade. See BZX Rule 11.23(a)(3). In the event that there is no
closing auction for a BZX listed security, the BZX Official Closing
Price will be the price of the final last sale eligible trade. See
BZX Rule 11.23(c)(2)(B).
    \9\ A last sale eligible trade must be of at least one round
lot. A round lot consists of one hundred (100) shares. See Exchange
Rule 11.10.
---------------------------------------------------------------------------

    In addition, the Bats One Opening and Closing Price for BZX listed
securities are included in the depth-of-book data feeds for each of the
Bats Exchanges, which are used to construct the Bats One Feed. Also,
the Bats One Opening and Closing Prices for non-BZX listed securities
is derivable from the underlying data feeds that comprise the Bats One
Feed, as those feeds contain the necessary last sale information to
identify if a transaction is last sale eligible.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ in particular, in that it is designed 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \12\ in that it supports (1)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(2) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\13\ which provides that any national securities
exchange which distributes information with respect to quotations for
or transactions in an NMS stock do so on terms that are not
unreasonably discriminatory. In adopting Regulation NMS, the Commission
granted self-regulatory organizations and broker-dealers increased
authority and flexibility to offer new and unique market data products
to the public. It was believed that this authority would expand the
amount of data available to consumers, and also spur innovation and
competition in the market data provider industry.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1.
    \13\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    The proposed rule change is designed to promote just and equitable
principles of trade and remove impediments to and perfect the mechanism
of a free and open market and a national market system by identifying
certain transactions as the Bats One Opening or Closing Price to
investors. The Exchange also believes this proposal is consistent with
Section 6(b)(5) of the Act because it protects investors and the public
interest and promotes just and equitable principles of trade by
providing investors with new options for receiving such information.
    Lastly, the proposal would not permit unfair discrimination because
the information will be available to all investors and market data
vendors on an equivalent basis. In addition, any investor that wishes
to receive such information via a different source will be able to do
so. As noted above, the Exchange is not proposing to add new data
elements to the Bats One Feed; it is simply proposing to identify
existing data elements as the Bats One Opening or Closing Price.
Specifically, the BZX Official Opening Price and BZX Official Closing
Price for BZX listed securities are currently provided and disseminated
via the consolidated tape \14\ and included in the depth-of-book data
feeds for each of the Bats Exchanges, which are used to construct the
Bats One Feed. In addition, investors can also independently identify
the Bats One Official Opening and Closing prices for non-BZX listed
securities via other sources, as prices of the first and final last
sale eligible transaction to occur during Regular Trading Hours \15\
are posted to the consolidated tape. Also, the Bats One Opening and
Closing Prices for non-BZX listed securities are derivable from the
underlying data feeds that comprise the Bats One Feed, as those feeds
contain the necessary last sale information to identify if a
transaction is last sale eligible.
---------------------------------------------------------------------------

    \14\ See BZX Rule 11.23(a)(3) and (5).
    \15\ Regular Trading Hours is defined as the time between 9:30
a.m. and 4:00 p.m. Eastern Time. See Exchange Rule 1.5(w).
---------------------------------------------------------------------------

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

    The Exchange does not believe the proposal will impose any burden
on competition not deemed necessary or appropriate in furtherance of
the purposes of the Act. A vendor seeking to offer a similar product by
identifying certain transaction as an opening or closing price would be
able to do so on the same terms as the Exchange. As discussed in in
[sic] the Bats One Approval Order,\16\ any entity may separately
purchase the individual underlying products, and if they so choose,
perform an aggregation and consolidation function similar to that which
the Exchange performs in creating the Bats One Feed. Any entity may
offer a data feed with the same information included in the Bats One
Feed to sell and distribute it to its clients with no greater cost than
the Exchange. Likewise, a competing vendor could independently identify
certain transaction as an opening or closing price and include such
information as part of their product to be disseminated to their
customers. As discussed above, the BZX Official Opening Price and BZX
Official Closing Price for BZX listed securities is currently provided
to and disseminated via the consolidated tape.\17\ A competing market
data vendor could also independently identify the Bats One Official
Opening and Closing prices for non-BZX listed securities via other
sources, as such prices are the first and final last sale eligible
transaction to occur during Regular Trading Hours. Therefore, the
Exchange believes the identification of an Official Bats One Opening
Price or Closing Price in the Bats One Feed would not impose any burden
on competition not deemed necessary or appropriate in furtherance of
the purposes of the Act.
---------------------------------------------------------------------------

    \16\ See Bats One Approval Order, supra note 4.
    \17\ See BZX Rule 11.23(a)(3) and (5).
---------------------------------------------------------------------------

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, 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 \18\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\19\ the Exchange has
designated this rule filing as non-controversial. The Exchange has
given the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

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-BatsBYX-2016-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2016-14. 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
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-BatsBYX-2016-14 and should
be submitted on or before July 22, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15583 Filed 6-30-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 32910]
[DOCID:fr09jy09-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER99-2311-010; ER97-2846-013]

Carolina Power & Light Company; Florida Power Corporation; Notice
of Filing

June 30, 2009.
    Take notice that on January 13, 2009, Progress Energy Inc., on
behalf of Carolina Power & Light Company and Florida Power Corporation
(the Applicants), filed a response to the Commission's December 23,
2008, data request regarding the Applicants September 2, 2008 filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 8, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16168 Filed 7-8-09; 8:45 am]

BILLING CODE 6717-01-P


GREENING YOUR PURCHASE OF COPIERS   A GUIDE FOR FEDERAL PURCHASERS Environmentally Preferable Purchasing, or EPP, seeks the overall best value, taking into account price competitiveness, availability, regulatory requirements, performance standards, and environmental impact. Because purchasers typically have clear sources of information on procurement and regulatory requirements and well established methods for evaluating price and performance, the US EPA EPP Program has developed these purchasing guides to help government purchasers consider the environmental factors in the EPP equation. Please note that EPA is not endorsing any of the products, services, or organizations described in the guides, and has not verified information provided by these organizations. For more information about the EPP Programs's history, tools, and resources, please visit < www. epa. gov/ oppt/ epp>.

Introduction Photocopiers are one of the most frequently used pieces of office equipment, offering a broad range of design and operating features. This purchasing guide offers information on selecting a copier that not only features multiple environmental attributes but also meets your business and budgetary requirements. Selecting a copier with the best possible environmental profile involves a careful evaluation of copier performance, environmental features, and purchasing mechanisms that protect the environment and your budget.

Why Green Your Copier? ° The ENERGY STAR ® feature in a typical medium to high speed copier can reduce that machine's annual electricity costs by as much as 60 percent.* ° Using ENERGY STAR ®  labeled equipment helps reduce the air pollution ( including significant emissions of sulfur dioxide, nitrogen dioxide, and carbon dioxide, which contribute to the problems of smog, acid rain, and global climate change) associated with energy generation.* ° Equipment will produce less heat when powering down, contributing to a cooler, more comfortable workspace; lowering air conditioning costs; and helping reduce equipment failure, which helps increase the copier's life.* ° A copier with fast and reliable duplexing ( double sided copying) can reduce office paper use by 25 percent or more, saving money in the process ( Solid Waste Management Coordinating Board and the Minnesota Pollution Control Agency, April 2000). Also, reducing paper use can contribute to reduction in natural resource consumption as well as in energy used to create paper. ° If all copiers sold in the United States were ENERGY STAR ®  labeled and set to automatically default to duplex, the amount of paper used could be reduced by more than 200 billion sheets. This adds up to a savings of 1 million tons of paper, enough to go around the world 1,400 times and save an estimated 20 million trees!* *( Massachusetts Operational Services Division, November 2000)

Federal EPP Authority and Mandate Spending approximately $ 230 billion annually on a large quantity and wide variety of products and services, the federal government leaves a large environmental " footprint." However, by purchasing environmentally preferable products and services, the federal government can wield its spending power to increase national demand for greener products as well as to help meet environmental goals through markets rather than mandates. In 1995, in response to Executive Order 12873, EPA established the Environmentally Preferable Purchasing ( EPP) program to encourage and assist Executive agencies in the purchase of environmentally preferable products and services. In 1997, the Federal Acquisition Regulation ( FAR), which establishes uniform procedures and policies for federal acquisition, was amended to support federal procurement of " green" products and services. In addition, Executive Order ( E. O.) 13101, entitled " Greening the Government through Waste Prevention, Recycling, and Federal Acquisition," directed Executive agencies to " consider . . . a broad range of factors including: elimination of virgin material requirements; use of biobased products; use of recovered materials; reuse of product; life cycle cost; recyclability; use of environmentally preferable products; waste prevention ( including toxicity reduction or elimination); and ultimate disposal" when making purchasing decisions and to " modify their procurement programs as appropriate." And, most recently, Executive Order 13123 and FAR Section 23.704 direct agencies to purchase products in the upper 25 percent of energy efficiency, including all models that qualify for the ENERGY STAR ® labeling program. ( Information on ENERGY STAR ® can be found throughout this guide).

Five Guiding Principles To help government purchasers incorporate environmental considerations into purchasing decisions, EPA developed five guiding principles. The guiding principles provide a framework purchasers can use to make environmentally preferable purchases. The five principles are: 1. Include environmental considerations as part of the normal purchasing process. 2. Emphasize pollution prevention early in the purchasing process. 3. Examine multiple environmental attributes throughout a product's or service's life cycle. 4. Compare relevant environmental impacts when selecting products and services. 5. Collect and base purchasing decisions on accurate and meaningful information about environmental performance. For more information, go to the five guiding principles on EPA's EPP Web site at < www. epa. gov/ oppt/ epp/ fivegp. htm>.

What is a " Green" Copier? A green product is one that has " a lesser or reduced effect on human health and the environment when compared to other products and services that serve the same purpose" ( Executive Order 13101). Although it is important to realize that technology is constantly changing, EPA will outline what are currently considered reasonable factors to consider in your copier purchase.

If you are considering the purchase of a copier, look not only at the immediate environmental properties of the copier, but also at the complete environmental effects of the copier throughout its life cycle, such as manufacturing, packaging, transportation, and usage ( including paper and printing options), as well as disposal. EPA conducted a pilot project which helped in the preparation of this guide. The guide is intended to steer you toward the factors you may find useful to consider in your purchase of an environmentally preferable copier. What Can You Do? It is important to consider all of your options when deciding how to handle your organization's copying needs. Below are some of the options and factors to examine.

Leasing or Buying a Copier Leasing is an important option to consider. It relieves you of the disposal responsibilities and allows for periodic equipment upgrades when new technology that may be more environmentally preferable is released.

Document Reproduction Services One option to consider is purchasing document reproduction services. This option entails actually sending your copies to a company that makes the copies and returns the work. Often this is used for large copy jobs. This may often be the more environmentally preferable option   but it is not always practical in every situation ( i. e., where there is a frequent need for immediate copies throughout the day).

Multi Functional Systems You also might want to consider a multi function machine, e. g., combining a printer, fax, scanner, copier, and document management into one package. Especially if your office is small with lower equipment usage, it often can be the most economically and environmentally sound decision. A multi functional system often provides the office necessities that would cost over one and a half times that amount if bought separately. Their compactness and the multicapabilities from a single print engine mean that less energy is being consumed   one print engine idling uses less energy than three print engines ( fax, copier, printer) idling. It has been estimated that energy consumption can be reduced by approximately 40% by the replacement of an office copier, four laser printers, and a fax machine with a single multi functional system. In addition, upgradable multi functional systems can provide flexibility to customers, by allowing them to initially purchase a machine with basic functions such as copying and later upgrade the machine to add print, fax, or scan functions.

Cost Per Copy A recent trend in copy services is the cost per copy contract. Read the success story of the National Aeronautics & Space Administration ( at the end of this document), which created its own environmentally preferable system for purchasing document reproduction.

Leasing or Purchasing a New ( or Used) Copier The following are guidelines to help you purchase a green copier.

1. Determine applicable environmental attributes for your situation. Evaluate your workspace to prioritize what attributes are most appropriate and important to your situation. For instance, if you are aware that your office space has poor air circulation, you might give high priority to those attributes related to indoor air quality. Make sure to choose a copier with the right monthly copy volume. Calculate the number of copies you need each month. Most machines have a counter   talk to your copier service representative, who should be able to help you calculate this number. Using a copier rated for a higher volume ( or faster) than your daily needs can double your energy use. 2. Conduct product research beyond the usual research on price and performance ( e. g., by utilizing third party testing analysis). It may be useful to break the environmental attributes into the following categories:

° Requirements: Those environmental attributes that the purchaser is confident can be obtained at a reasonable price and level of performance. If a purchaser requires too much, the procurement may be unsuccessful because the price will be too high, or no vendors may bid at all. Preferences: Those environmental attributes which are desirable but not vital, but send a signal to vendors informing them of the purchaser's additional needs.

To find this information, ask your copier company representative. Although he or she may not know the answers right away, the representative should be able to find them. As demand increases for more environmentally friendly products, this information should become more readily accessible. Any copier lacking any of your requirements should be disqualified. Then you may want to compare copiers which have already met your requirements and determine which has the most preferences or which preferences are most important. It is important to carefully consider which attributes to include as requirements and which as preferences, according to your situational needs.

The following are basic guidelines for purchasing environmentally preferable copiers   determine your requirements and preferences as appropriate. When possible, choose copiers that: ° Comply with the EPA ENERGY STAR ® Program, and are equipped with reasonable recovery time from Energy Star power management modes. °. Are able to perform duplex copying. ( Organizations should set a policy preferring double sided copies, clearly mark duplexing options, and educate employees about these features.) ° Use returnable or recyclable and remanufactured toner cartridges. ° Use an organic photoreceptor ( if not organic, it must not contain arsenic, cadmium, or selenium). ° Do not use wet process technology. ° Do not emit ozone at a concentration in excess of 0.02 mg/ m3. ° Do not emit dust at a concentration in excess of 0.25 mg/ m3. ° Do not emit styrene at a concentration in excess of 0.11 mg/ m3. ° Contain no polybrominated biphenyls ( PBBs) or diphenyl ethers ( PBDEs). ° Are designed for remanufacturing and reuse of parts. ( Organizations should avoid policies that require all new parts and thus discriminate against equipment with reprocessed parts.) ° Contain materials made with recycled content. ° Use minimal packaging and/ or arrange for packaging taken back for reuse. ° Can be taken back by the vendor at the end of its useful life for remanufacturing, refurbishing, or recycling of parts.

3. Develop contract language or performance evaluation criteria. See the EPP Web site for contract language: < www. epa. gov/ enrgystar/ purchasing/ 6d_ mfd. html# pl_ mfd>. 4. Solicit bids/ information along with appropriate documentation/ certification. Be sure that companies substantiate their claims with documents, such as Material Safety Data Sheets.

5. Review and evaluate bid responses. Consider your environmental requirements and preferences along with traditional purchasing considerations such as quality, price, and performance.

6. Receive a demonstration of the leading contender machines. It is important that these machines not only have the above mentioned options available, but that they also are easy to use and/ or are programmable.

7. Select the best value copier and make the award. The best value might be based on the highest number of preferences met after the requirements were met. Normal performance and cost considerations should be considered along with the environmental attributes.

8. Train employees to maximize environmental features. ° Confirm that the specified environmental features are present and program any necessary features. Make sure ENERGY STAR ® features are set to default. ° Create a system to confirm that employees are utilizing these features. It will probably be necessary to execute a class in proper copier usage so that the environmental features of your copier are maximized. For example, if your machine does not have a duplexing option, or it is not practical to default the copier to that setting, make sure employees know how to do this from their computers. ° Place a paper recycling bin next to your copier. ° Make your copies in batches. This reduces energy consumption by decreasing the time your copier spends in high power and warm up modes. ° Use recycled paper. Most copiers are engineered to work with recycled paper. Executive Order 13101 requires the use of recycled paper with 30% post consumer content. ° Avoid copying when possible   look for other ways to distribute the information. For example, send documents and memos as e mails.

End of Life Issues   Some Alternatives to Disposal Since you are interested in buying or leasing a newer, greener copier, you may be looking into disposing of your old copier in the near future. The best option is to give your old copier a new life. Some manufacturers are redesigning copiers to be more easily disassembled for recycling, and some manufacturers will take copiers back to recondition or remanufacture certain components for reuse. Contract conditions can be added to require vendor removal and recycling of replaced equipment. There is a growing market for remanufactured copiers.

You should be aware that most older copiers contain circuit boards with lead, and some analog models have heavy metals, like selenium, in the drum. ( With the implementation of the European Union's directive " Restriction on the Use of Hazardous Substances," all copier manufacturers are expected to remove lead in applications covered by the directive by July 2006.) Lead and selenium pose disposal concerns because they are toxic. Purchase, rental, or leasing agreements that stipulate take back of the copier when you no longer need it can avoid the need for you to manage the copier as a waste. This puts the responsibility for safe management of toxic materials on those who provide you the equipment.

Copiers with all in one toner cartridges that can be re engineered are becoming more common with the introduction of digital technology. These cartridges may be sent to a remanufacturer, saving resources and cutting waste. All in one cartridges have the toner, drum and other components of the imaging system in one unit, as opposed to separate drums and toner bottles. In the remanufacturing process, cartridges are disassembled; worn or defective parts are replaced; and, the unit is cleaned, refilled, and reassembled. Such cartridges may be remanufactured a number of times. For other toner cartridges, return and recycling programs are often available, for example by the original cartridge manufacturer.

Success Stories NASA's Environmental Approach to Copiers NASA's unique " cost per copy" agency wide contract, which means the agency purchases copy services rather than machines, allowed the inclusion of several environmental features important to NASA, including recycled paper and energy efficiency. As a result, the agency estimates it will save approximately $ 4.5 million during the 5 year span of the contract. In a cost per copy contract environment, the contractor provides convenient copiers, all supplies including toner ( which previously was a separate, high cost item for all NASA sites), preventive maintenance, repairs and repair parts, training, moves, and associated labor costs. These convenience copiers were viewed as an easy item to consolidate into one agencywide contract that could yield considerable savings. Consolidating NASA's copier needs into one contract significantly reduced administrative costs associated with contracts being competed, awarded, administered, and closed out.

Ramsey County, Minnesota When the Environmental Health Section at Ramsey County purchased a copier, the Request for Bids included a requirement about recycled paper performance. Vendors could only respond if they could offer a copier that would work well with recycled content paper and make two sided copies. This specification came in handy when the newly installed machine began jamming. The repair technician initially suggested that recycled paper was the problem and recommended switching to virgin paper. When the office manager reminded the technician of the bid requirement, the technician continued to work with the machine to assure it would be properly adjusted to handle the type of paper used by the section. It took a little more effort by the technician, but the properly adjusted copier delivered the performance the office manager was looking for and allowed the agency to practice what it preaches   to use recycled paper and copy on both sides. Contact: Ramsey County Debbie Hosch, Clerical Supervisor 651 773 4466 debbie. hosch@ co. ramsey. mn. us ENERGY STAR ® Many copier manufacturers participate in ENERGY STAR ® , a voluntary partnership program established by EPA and the U. S. Department of Energy. ENERGY STAR ® labeled copiers are equipped with a feature that allows them to automatically turn off after a period of inactivity, potentially reducing a copier's annual electricity costs by more than 60 percent ( ENERGY STAR ® Web site). High speed copiers include a duplexing option that can be set to automatically make double sided copies   reducing the environmental and financial costs of paper usage. It is important to make sure that these ENERGY STAR ® features are enabled when your copier is first delivered. Visit this Web site for more information on ENERGY STAR ® copiers: < yosemite1. epa. gov/ estar/ consumers. nsf/ content/ copier. htm# Copier>.

EPA's Purchasing Tool Suite EPA's EPP Program has developed the following Web based tools to help purchasers consider the environment, along with price and performance, when buying a product or service.

Database of Environmental Information for Products and Services   A searchable database of product specific information ( e. g., environmental standards and guidelines or contract language) developed by government programs, both domestic and international, as well as third parties. < www. epa. gov/ oppt/ epp/ database. htm>

Promising Practices Guide for Greener Contracts   A series of short case studies highlighting successful strategies for incorporating environmental factors into a variety of product and service contracts. < www. epa. gov/ oppt/ epp/ ppg>

General EPP Training Tool   Covers basic EPP principles and mandates, along with some more in depth applications of EPP, in an entertaining and multimedia format. < www. epa. gov/ oppt/ epp/ gentt/>

Tips for Buying Green with the Government Credit Card   Tips to help government credit card holders make greener choices when buying products, such as electronics. < www. epa. gov/ oppt/ epp/ creditcard. htm>