[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 39013]
[DOCID:fr08jy08-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IN06-3-003; IN06-3-004]

Energy Transfer Partners, L.P.; Energy Transfer Company; ETC
Marketing Ltd.; Houston Pipeline Company; Oasis Pipeline, L.P.; Oasis
Pipeline Company Texas, L.P.; ETC Texas Pipeline Ltd., Oasis Division;
Supplemental Notice of Designation of Commission Staff

July 1, 2008.
    On December 20, 2007, a notice was issued designating the staff of
the Office of Enforcement as non-decisional in deliberations by the
Commission in this docket, with certain limited exceptions. Exceptions
to this designation are the Director of the Office of Enforcement and
the Directors of the Divisions of Investigations, Energy Market
Oversight, Audits, and Financial Regulation in the Office of
Enforcement, and Shauna Coleman.\1\ This supplemental notice designates
Christopher Ellsworth, an energy industry analyst in the Division of
Market Oversight, Office of Enforcement, as an exception to the
designation of the staff of the Office of Enforcement as non-
decisional. Mr. Ellsworth joined the Commission after the December 27,
2007 notice was issued and did not participate in the investigation at
issue in this proceeding.
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    \1\ See March 3, 2008 Supplemental Notice in Docket No. IN06-3-
003.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-15426 Filed 7-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Page 7544]
[FR Doc No: 2012-3305]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2004-19608]
RIN 2126-AB26

Hours of Service of Drivers: Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; correction.

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SUMMARY: FMCSA corrects the hours of service (HOS) final rule published
on December 27, 2011 (76 FR 81143). This correction notice corrects the
amendatory language or guidance to legal editors of the Code of Federal
Regulations (CFR) on the proper codification of the December 27, 2011
rule. This notice does not change, in any manner, the regulatory text.

DATES: This final rule is effective February 27, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The amendatory instruction for paragraph (b)
Driving conditions in Sec.  395.1 Scope of the rules in this part
incorrectly referenced revising paragraph (b)(1)'s introductory text.
FMCSA intended to completely revise paragraph (b)(1). An unintended
edit to the instruction made just before publication caused the
instruction to be inaccurate. FMCSA intended for the current
paragraph's subparagraphs (b)(1)(i) through (b)(1)(iv) to be removed
entirely. See the discussion of the Agency's intentions in the section-
by-section analysis on 76 FR 81165 col. 3. This correction notice
corrects the instruction for publishers of public and private editions
of title 49 CFR chapter III, subchapter B--Federal Motor Carrier Safety
Regulations (FMCSRs). Correcting the amendatory language provides
guidance to legal editors of the FMCSRs on the proper codification of
the December 27, 2011 rule. This notice does not change, in any manner,
the regulatory text intended.
    In FR Doc. 2011-32696, appearing on page 81134 in the Federal
Register of Tuesday, December 27, 2011, the following correction is
made.

Sec.  395.1  [Corrected]

    On page 81186, in the third column, in Part 395--Hours of Service
of Drivers, in amendment 8a, the instruction, ``8. Amend Sec.  395.1 as
follows: a. Revise the paragraph (b) heading and paragraph (b)(1)
introductory text;'' is corrected to read, ``8. Amend Sec.  395.1 as
follows: a. Revise the paragraph (b) heading and revise paragraph
(b)(1);''

    Issued on: February 7, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-3305 Filed 2-10-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57165-57166]
[DOCID:fr04no09-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD09-10-000]

National Action Plan on Demand Response; Notice Providing New
Technical Conference Date and Announcing Release of Discussion Draft

October 28, 2009.
    On September 18, 2009, the Commission issued a notice scheduling
staff technical conferences to support the development of the National
Action Plan on Demand Response. On October 7, 2009, the Commission
postponed the technical conferences. Take notice that Commission Staff
will hold only one technical conference, and it will be in Washington,
DC on November 19, 2009, beginning at 1 p.m. (EST) and ending at
approximately 2 p.m. on November 20, 2009 in the Commission Meeting
Room at the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426.
    Section 529 of the Energy Independence and Security Act of 2007 \1\
directed the Commission to

develop a National Action Plan on Demand Response (National Action
Plan). The purpose of this technical conference is to elicit input from
interested stakeholders on the possible elements of the National Action
Plan as discussed in the Discussion Draft on Possible Elements of a
National Action Plan on Demand Response (Discussion Draft), released
today in the above-referenced docket number. Commission Staff will
utilize the Discussion Draft at the technical conference to frame the
discussions.
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    \1\ Public Law No. 110-140, Sec.  529, 121 Stat. 1492, 1664 (to
be codified at National Energy Conservation Policy Act, 42 U.S.C.
8241-8287d, 8279).
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    The technical conference will include panel sessions on the first
day to discuss the overall approach and scope of the Discussion Draft.
The second day will include breakout sessions that will focus on each
of the three statutory objectives listed below. A closing plenary
session will summarize the break-out discussions.
    The conference will be open to the public, and all interested
persons are invited to participate. For logistical purposes, staff
requests those planning to attend to pre-register via an electronic
form at: https://www.ferc.gov/whats-new/registration/nap-11-19-
form.asp. Advance registration is not required to participate.
    The Commission is extending the deadline to Friday, November 6,
2009 for those interested in speaking during the November 19th
afternoon panels at the conference. Those interested should complete an
online form describing the elements that they will address at https://
www.ferc.gov/whats-new/registration/nap-11-19-speaker-form.asp. The
Commission also requests that those parties that previously completed
the online speaker form resubmit it to indicate that they are available
on the new date. Due to time constraints, we may not be able to
accommodate all those interested in speaking on panels; however, the
panels will represent a balance of stakeholder interests.
    All conference attendees are invited to attend the panel sessions
on November 19th, participate in the break-out session discussions and
attend the plenary session on November 20th. A detailed agenda,
including panel speakers, will be published at a later date.
    The Commission is seeking input in the form of written comments on
the Discussion Draft and discussions at the technical conference on the
best ways to meet the objectives that Congress identified for the
National Action Plan: (1) Identification of requirements for technical
assistance to States to allow them to maximize the amount of demand
response resources that can be developed and deployed; (2) design and
identification of requirements for implementation of a national
communications program that includes broad-based customer education and
support; (3) development or identification of analytical tools,
information, model regulatory provisions, model contracts, and other
support materials for use by customers, States, utilities and demand
response providers.\2\
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    \2\ Id.
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    Written comments on the Discussion Draft and on the discussions at
the technical conference are due by Friday, December 4, 2009.
Commission Staff will draw on the written comments received and the
discussions at the technical conferences to prepare the National Action
Plan. Comments may be filed electronically via the Internet.
Instructions for submitting comments are available on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.
    For further information about these conferences, please contact:

Caroline Daly (Technical Information), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Christina Switzer (Legal Information), Office of the General Counsel--
Energy Markets, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-26478 Filed 11-3-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Notices]
[Page 70635-70636]
[DOCID:fr12de07-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56918; File No. SR-NYSEArca-2007-125]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Continued Listing Standards for
Equity Index-Linked Securities

December 6, 2007.
    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 December 5, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), 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 substantially 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a), which sets forth the Exchange's continued
listing criteria for Equity Index-Linked Securities.\3\ The text of the
proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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    \3\ NYSE Arca Equities Rule 5.2(j)(6) defines Equity Index-
Linked Securities to be securities that provide for the payment at
maturity of a cash amount based on the performance of an underlying
index or indexes of equity securities.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The Exchange proposes to remove from NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a) the continued listing requirement for Equity
Index-Linked Securities that prohibits the number of components
comprising the underlying index from increasing or decreasing by 33 \1/
3\ from the original number of index components at the time of initial
listing of such securities (the ``33 \1/3\ Requirement'').\4\ The
Exchange states that its listing standards for exchange-traded funds
under NYSE Arca Equities Rule 5.2(j)(3) and those of other national
securities exchanges do not impose this same limitation regarding the
change in the number of components comprising the underlying index. The
Exchange believes that, in the case of Equity Index-Linked Securities,
investors purchase such securities because they believe that the
underlying index methodology is accurately described in the offering
documentation, and that the index sponsor will maintain the index
methodology appropriately, so that the index will continue to represent
the sector, geographic region, or other investment characteristics the
index is designed to track. As such, rather than buying Equity Index-
Linked Securities on the basis of the current contents of the index,
the Exchange states that investors rely on the index sponsor to define
and manage the index selection rules so that the index over time is
sustainable in response to changing market conditions.
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    \4\ See NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(a)(ii).
---------------------------------------------------------------------------

    In addition, because Equity Index-Linked Securities may have terms
that endure for as long as 30 years, the Exchange states it is likely
that the underlying index for such securities will ultimately change in
ways that will render them non-compliant with NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii), and as a result, the Exchange believes that
the 33\1/3\% Requirement penalizes Equity Index-Linked Securities with
such long-term maturities. Specifically, Equity Index-Linked Securities
based on total industry/country composite indexes are at risk of being
delisted prior to the stated maturity date. In addition, new issues of
Equity Index-Linked Securities may not be launched because of issuer
concerns regarding the negative impact of the possible delisting of
such securities due to index component changes that reflect expanding
or retracting industry sectors or changes in the geographical business
environment. The Exchange does not believe that it is protective of
investors to require the delisting of those Equity Index-Linked
Securities in such event.
    Under the proposal, the Exchange seeks to maintain the 10-component
minimum requirement in NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(2)(a)(ii) as a continued listing standard by moving
reference to this requirement to Rule 5.2(j)(6)(B)(I)(2)(a), which
would make reference to Rule 5.2(j)(6)(B)(I)(1)(a), as proposed. NYSE
Arca Equities Rule 5.2(j)(6)(B)(I)(1)(a) requires that each underlying
index have at least 10 component securities of different issuers.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\5\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\6\ 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposed rule change will impose no
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 states that no written comments were solicited or
received with respect to the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or

(ii) as to which NYSE Arca consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-125 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2007-125.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference 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-NYSEArca-2007-125 and should
be submitted on or before January 2, 2008.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-24033 Filed 12-11-07; 8:45 am]

BILLING CODE 8011-01-P


Technical Support Document (TSD) for the CAA Section 111(d) Emission Guidelines for Existing Power Plants

New Source Complements to Mass Goals Technical Support Document for CPP Final Rule

                      U.S Environmental Protection Agency
                          Office of Air and Radiation
                                  August 2015
New Source Complements to Mass Goals under 111(d)
This Technical Support Document (TSD) provides information that supports the EPA's quantification of new source complements in Section VIII.J of the preamble. These new source complements represent the EPA's estimated new source emissions associated with satisfying incremental demand from 2012. States may add these new source complements to the final rule's mass goals in pursuing a mass-based compliance pathway inclusive of both affected EGUs and new fossil fuel-fired sources.  The methodology for quantifying these new source complements is presented in five steps:
   1. Calculate incremental generation needed for each interconnection to satisfy projected load growth from 2012 levels
   2. Subtract generation from under construction facilities included in the final rule
   3. Subtract generation growth from affected EGUs and incremental renewable energy (RE) accounted for in the calculation of mass goals
   4. Apportion remaining incremental generation to states on the basis of each state's 2012 share of the interconnection's affected EGU generation total
   5. Convert state-level incremental generation to state-level incremental emissions by assuming the New Source Performance Standard emission rate for NGCC of 1,030 lbs/MWh
The spreadsheet `New Source Complements' is available in the docket and provides the complete set of calculations for each state.
   1.    Calculate incremental generation needed for each interconnection to satisfy projected load growth from 2012 levels

For this step, the EPA relies on the projected net energy for load values from the Energy Information Administration's (EIA's) 2015 Annual Energy Outlook (AEO2015).  Those values are presented in Table 1 for the baseline year of 2012 and all years, 2022 through 2030.

             Table 1. Net Energy for Load by Interconnection (TWh)
                                     Year
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     2012
                                         2,881
                                           730
                                           333
                                     2022
                                         3,094
                                           775
                                           361
                                     2023
                                         3,114
                                           782
                                           365
                                     2024
                                         3,137
                                           789
                                           369
                                     2025
                                         3,158
                                           797
                                           372
                                     2026
                                         3,178
                                           803
                                           376
                                     2027
                                         3,196
                                           810
                                           380
                                     2028
                                         3,213
                                           816
                                           383
                                     2029
                                         3,231
                                           823
                                           387
                                     2030
                                         3,245
                                           829
                                           391
The AEO projections are then converted into a percent increase in net energy for load, relative to 2012, for each interconnection and each year.  Conversion to a percent increase enables the EPA to apply the projected demand growth to 2012 historical data.
            Table 2. Increase in Net Energy for Load From 2012 (%)
                                     Year
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     2022
                                     7.4%
                                     6.2%
                                     8.6%
                                     2023
                                     8.1%
                                     7.1%
                                     9.6%
                                     2024
                                     8.9%
                                     8.2%
                                     10.8%
                                     2025
                                     9.6%
                                     9.2%
                                     11.9%
                                     2026
                                     10.3%
                                     10.1%
                                     13.0%
                                     2027
                                     10.9%
                                     11.0%
                                     14.0%
                                     2028
                                     11.5%
                                     11.9%
                                     15.1%
                                     2029
                                     12.2%
                                     12.8%
                                     16.3%
                                     2030
                                     12.7%
                                     13.6%
                                     17.4%

The historical generation associated with each interconnection is calculated as 2012 historical sales adjusted to account for an average transmission loss factor of 7.51%:
   * 2012 Generation = 2012 Sales x (1+ Transmission Losses)
   * 2012 Eastern Interconnection Generation = 2,626,988 GWh x 1.0751 = 2,824,274 GWh
   * 2012 Western Interconnection Generation = 671,260 GWh x 1.0751 = 721,672 GWh
   * 2012 Texas Interconnection Generation = 365,467 GWh x 1.0751 = 392,914 GWh
For each year, 2022 through 2030, the incremental generation required to support demand growth is 2012 sales multiplied by the percent increase in net energy for load for that year.  For example:
   * 2030 Incremental Generation to Support Demand Growth in the Eastern Interconnection = 2,824,274 GWh x 12.7% = 357,353 GWh
Table 3 contains the incremental generation to support demand growth for each interconnection in each year:
        Table 3. Incremental Generation to Support Demand Growth (GWh)
                                     Year
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     2022
                                    209,623
                                    44,887
                                    33,605
                                     2023
                                    228,901
                                    51,476
                                    37,525
                                     2024
                                    251,878
                                    59,148
                                    42,332
                                     2025
                                    272,214
                                    66,281
                                    46,616
                                     2026
                                    291,203
                                    72,570
                                    51,229
                                     2027
                                    308,827
                                    79,060
                                    55,042
                                     2028
                                    325,981
                                    85,759
                                    59,323
                                     2029
                                    343,525
                                    92,729
                                    64,065
                                     2030
                                    357,353
                                    98,181
                                    68,244

   2.    Subtract generation from under construction facilities included in the final rule
The incremental generation to support demand growth calculated in step 1 would be served in part by the under construction facilities that are part of the final rule but not reflected in the 2012 historical data.  Table 4 displays the under construction capacity that did not commence operations in 2012 for each facility type  -  affected coal-fired EGUs, affected natural gas-fired EGUs, and nuclear units that are eligible for compliance.
        Table 4. Under Construction Facilities by Interconnection (MW)
                                 Facility Type
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     NGCC
                                    10,633
                                     2,636
                                     2,489
                                     Coal
                                      655
                                       0
                                       0
                                    Nuclear
                                     5,522
                                       0
                                       0

Each facility type is assigned an annual net capacity factor associated with the amount of generation expected to meet future demand.  This capacity factor does not represent expected total annual output, but instead represents the portion of total annual output that will deduct from the incremental generation needed to support demand growth. For example, and consistent with the application of building block 2, under construction NGCC is assigned a capacity factor associated with future demand of 55%; coal-fired EGUs are assigned a capacity factor of 60%; and nuclear facilities are assigned a capacity factor of 66%.  The generation totals associated with applying these capacity factors to under construction facilities are shown in Table 5:
Table 5. Incremental Generation Assumed to Meet Future Demand from Under Construction Facilities by Interconnection (GWh)
                                 Facility Type
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     NGCC
                                    51,231
                                     2,636
                                     2,489
                                     Coal
                                     3,443
                                       0
                                       0
                                    Nuclear
                                    31,926
                                       0
                                       0

   3.    Subtract generation growth from affected EGUs and incremental RE accounted for in the calculation of mass goals
The calculation of mass goals incorporates an amount of generation growth from both affected EGUs and RE that would serve to meet future demand requirements.  Consequently, because the estimated emissions from this particular incremental generation are already included in the mass goals, it is necessary to deduct this amount of generation, listed in Table 6, from the incremental generation needed to support demand growth that will inform the estimation of the new source complements.
Table 6. Affected EGU and RE Generation Growth Incorporated in Mass Goal Calculation (GWh)
                                     Year
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     2022
                                    138,054
                                    29,209
                                    22,689
                                     2023
                                    131,858
                                    27,898
                                    21,670
                                     2024
                                    135,132
                                    28,591
                                    22,208
                                     2025
                                    149,186
                                    31,565
                                    24,518
                                     2026
                                    161,395
                                    34,148
                                    26,525
                                     2027
                                    164,934
                                    34,897
                                    27,106
                                     2028
                                    191,779
                                    40,576
                                    31,518
                                     2029
                                    218,279
                                    46,183
                                    35,873
                                     2030
                                    241,664
                                    51,131
                                    39,716

The amount of generation remaining after deducting the generation growth incorporated in mass goals is referred to as the new source complement generation, and it is defined as:
   * Interconnection-level new source complement generation = Incremental generation to support demand growth  -  Generation from under construction facilities dedicated to serving future demand (step 2)  -  Generation growth from affected EGUs and RE assumed in the mass goal calculation (step 3)
   * Eastern Interconnection new source complement generation in 2030 = 357,353 GWh  -  86,600 GWh  -  241,664 GWh = 29,090 GWh
The new source complement generation for each interconnection in each year is provided below in Table 7:
     Table 7. Interconnection-Level New Source Complement Generation (GWh)
                                     Year
                            Eastern Interconnection
                            Western Interconnection
                             Texas Interconnection
                                     2022
                                       -
                                     2,976
                                       -
                                     2023
                                    10,443
                                    10,876
                                     3,864
                                     2024
                                    30,146
                                    17,855
                                     8,133
                                     2025
                                    36,428
                                    22,015
                                    10,107
                                     2026
                                    43,208
                                    25,720
                                    12,714
                                     2027
                                    57,294
                                    31,462
                                    15,945
                                     2028
                                    47,602
                                    32,480
                                    15,814
                                     2029
                                    38,647
                                    33,844
                                    16,200
                                     2030
                                    29,090
                                    34,349
                                    16,537

   4.    Apportion remaining incremental generation to states on the basis of each state's 2012 share of the interconnection's affected EGU generation total
The apportionment of interconnection-level new source complement generation to states is performed on the basis of each state's 2012 adjusted share of the interconnection's 2012 adjusted affected EGU generation.  For the purposes of this calculation, states that are in multiple interconnections are assigned the interconnection that contains the majority of that state's territory.  Each state's new source complement generation share is provided in Table 8 below:
           Table 8. Generation Shares for State-Level Apportionment
                                     State
                                Interconnection
             Share of Interconnection 2012 Affected EGU Generation
                                    Alabama
                                    Eastern
                                     5.0%
                                   Arkansas
                                    Eastern
                                     2.4%
                                    Arizona
                                    Western
                                     12.5%
                                  California
                                    Western
                                     24.9%
                                   Colorado
                                    Western
                                     10.9%
                                  Connecticut
                                    Eastern
                                     0.8%
                                   Delaware
                                    Eastern
                                     0.5%
                                    Florida
                                    Eastern
                                     10.3%
                        Lands of the Fort Mojave Tribe
                                    Western
                                     0.3%
                                    Georgia
                                    Eastern
                                     4.0%
                                     Iowa
                                    Eastern
                                     1.8%
                                     Idaho
                                    Western
                                     0.8%
                                   Illinois
                                    Eastern
                                     4.8%
                                    Indiana
                                    Eastern
                                     5.5%
                                    Kansas
                                    Eastern
                                     1.5%
                                   Kentucky
                                    Eastern
                                     4.4%
                                   Louisiana
                                    Eastern
                                     2.9%
                                 Massachusetts
                                    Eastern
                                     1.3%
                                   Maryland
                                    Eastern
                                     1.0%
                                     Maine
                                    Eastern
                                     0.2%
                                   Michigan
                                    Eastern
                                     3.7%
                                   Minnesota
                                    Eastern
                                     1.7%
                                   Missouri
                                    Eastern
                                     3.9%
                                  Mississippi
                                    Eastern
                                     2.4%
                                    Montana
                                    Western
                                     3.7%
                          Lands of the Navajo Nation
                                    Western
                                     7.1%
                                North Carolina
                                    Eastern
                                     4.1%
                                 North Dakota
                                    Eastern
                                     1.4%
                                   Nebraska
                                    Eastern
                                     1.3%
                                 New Hampshire
                                    Eastern
                                     0.4%
                                  New Jersey
                                    Eastern
                                     1.8%
                                  New Mexico
                                    Western
                                     4.6%
                                    Nevada
                                    Western
                                     6.8%
                                   New York
                                    Eastern
                                     3.1%
                                     Ohio
                                    Eastern
                                     5.6%
                                   Oklahoma
                                    Eastern
                                     3.4%
                                    Oregon
                                    Western
                                     4.0%
                                 Pennsylvania
                                    Eastern
                                     7.4%
                                 Rhode Island
                                    Eastern
                                     0.4%
                                South Carolina
                                    Eastern
                                     2.0%
                                 South Dakota
                                    Eastern
                                     0.3%
                                   Tennessee
                                    Eastern
                                     2.1%
                                     Texas
                                     Texas
                                    100.0%
                   Lands of the Uintah and Ouray Reservation
                                    Western
                                     0.7%
                                     Utah
                                    Western
                                     8.6%
                                   Virginia
                                    Eastern
                                     2.7%
                                  Washington
                                    Western
                                     4.7%
                                   Wisconsin
                                    Eastern
                                     2.1%
                                 West Virginia
                                    Eastern
                                     3.6%
                                    Wyoming
                                    Western
                                     10.4%

The new source complement generation level for a state is defined as:
   * State-level new source complement generation = Interconnection-level new source complement generation x 2012 state share of interconnection affected EGU generation
   * 2030 Alabama new source complement generation = 29,090 GWh x 5.0% = 1,467 GWh
State-level new source complement generation totals are provided for each state in each year in the `New Source Complements' spreadsheet.
   5.    Convert state-level generation to state-level emissions assuming the emissions intensity of the New Source Performance Standard emission rate for NGCC of 1,030 lbs/MWh
Each state-level new source complement generation level is multiplied by the NSPS NGCC emission rate standard of 1,030 lbs/MWh to produce a mass value:
   * New source complement = State-level new source complement generation x NSPS NGCC emission rate standard
   * 2030 Alabama new source complement = 1,467 GWh x 1,030 lbs/MWh = 755,700 short tons
New source complements are calculated for each year and each state, from 2022 through 2030.  The interim period new source complement is equal to the average of the annual values from 2022 through 2029.  The final period new source complement is equal to the 2030 value.  The interim and final period new source complements are provided in Table 9 below:

          Table 9. Average Annual New Source Complement (Short Tons)
                                     State
                                Interim Period
                                 Final Period
                                    Alabama
                                    856,524
                                    755,700
                                    Arizona
                                   1,424,998
                                   2,209,446
                                   Arkansas
                                    411,315
                                    362,897
                                  California
                                   2,846,529
                                   4,413,516
                                   Colorado
                                   1,239,916
                                   1,922,478
                                  Connecticut
                                    135,410
                                    119,470
                                   Delaware
                                    78,842
                                    69,561
                                    Florida
                                   1,753,276
                                   1,546,891
                                    Georgia
                                    677,284
                                    597,559
                                     Idaho
                                    94,266
                                    146,158
                                   Illinois
                                    818,349
                                    722,018
                                    Indiana
                                    939,343
                                    828,769
                                     Iowa
                                    298,934
                                    263,745
                                    Kansas
                                    260,683
                                    229,997
                                   Kentucky
                                    752,454
                                    663,880
                                   Louisiana
                                    484,308
                                    427,299
                                     Maine
                                    40,832
                                    36,026
                                   Maryland
                                    170,930
                                    150,809
                                 Massachusetts
                                    225,127
                                    198,626
                                   Michigan
                                    623,651
                                    550,239
                                   Minnesota
                                    286,535
                                    252,806
                                  Mississippi
                                    410,440
                                    362,126
                                   Missouri
                                    668,637
                                    589,929
                                    Montana
                                    421,674
                                    653,801
                                   Nebraska
                                    216,149
                                    190,706
                                    Nevada
                                    770,417
                                   1,194,523
                                 New Hampshire
                                    71,419
                                    63,012
                                  New Jersey
                                    313,526
                                    276,619
                                  New Mexico
                                    527,139
                                    817,323
                                   New York
                                    522,227
                                    460,753
                                North Carolina
                                    692,091
                                    610,623
                                 North Dakota
                                    245,324
                                    216,446
                                     Ohio
                                    949,997
                                    838,170
                                   Oklahoma
                                    581,051
                                    512,654
                                    Oregon
                                    453,663
                                    703,399
                                 Pennsylvania
                                   1,257,336
                                   1,109,330
                                 Rhode Island
                                    70,035
                                    61,791
                                South Carolina
                                    344,885
                                    304,287
                                 South Dakota
                                    46,513
                                    41,038
                                   Tennessee
                                    358,838
                                    316,598
                                     Texas
                                   5,328,758
                                   8,516,408
                                     Utah
                                    981,947
                                   1,522,500
                                   Virginia
                                    450,039
                                    397,063
                                  Washington
                                    531,761
                                    824,490
                                 West Virginia
                                    602,940
                                    531,966
                                   Wisconsin
                                    364,841
                                    321,895
                                    Wyoming
                                   1,185,554
                                   1,838,190
                          Lands of the Navajo Nation
                                    809,562
                                   1,255,217
                   Lands of the Uintah and Ouray Reservation
                                    84,440
                                    130,923
                        Lands of the Fort Mojave Tribe
                                    37,162
                                    57,619


[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47118-47119]
[FR Doc No: 2021-17990]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-P-0292]

Determination That ORTHO-CEPT (Desogestrel-Ethinyl Estradiol) 21-
and 28-Day Oral Tablets, 0.15 Milligram/0.03 Milligram, Were Not
Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) has
determined that ORTHO-CEPT (desogestrel-ethinyl estradiol) 21- and 28-
day oral tablets, 0.15 milligram (mg)/0.03 mg, were not withdrawn from
sale for reasons of safety or effectiveness. This determination means
that FDA will not begin procedures to withdraw approval of abbreviated
new drug applications (ANDAs) that refer to this drug product, and it
will allow FDA to continue to approve ANDAs that refer to the product
as long as they meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Stacy Kane, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) Has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and, with certain exceptions, labeling as the listed
drug, which is a version of the drug that was previously approved and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products with Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness, or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    ORTHO-CEPT (desogestrel-ethinyl estradiol) 21- and 28-day oral
tablets, 0.15 mg/0.03 mg, is the subject of NDA 020301, held by Janssen
Pharmaceuticals, Inc., and initially approved on December 14, 1992.
ORTHO-CEPT is indicated for the prevention of pregnancy in women who
elect to use oral contraceptives as a method of contraception.
    In a letter dated October 7, 2014, Janssen Pharmaceuticals, Inc.,
notified FDA that ORTHO-CEPT (desogestrel-ethinyl estradiol) 21- and
28-day oral tablets, 0.15 mg/0.03 mg, were being discontinued, and FDA
moved the drug product to the ``Discontinued Drug Product List''
section of the Orange Book.
    Arnall Golden Gregory LLP submitted a citizen petition dated March
11, 2021 (Docket No. FDA-2021-P-0292), under 21 CFR 10.30, requesting
that the Agency determine whether ORTHO-CEPT (desogestrel-ethinyl
estradiol) oral tablets, were withdrawn from sale for reasons of safety
or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that ORTHO-CEPT (desogestrel-ethinyl estradiol) 21-
and 28-day oral tablets, 0.15 mg/0.03 mg, were not withdrawn for
reasons of safety or effectiveness. The petitioner has identified no
data or other information suggesting that ORTHO-CEPT (desogestrel-
ethinyl estradiol) 21- and 28-day oral tablets, 0.15 mg/0.03 mg, were
withdrawn for reasons of safety or effectiveness. We have carefully
reviewed our files for records concerning the withdrawal of ORTHO-CEPT
(desogestrel-ethinyl estradiol) 21- and 28-day oral tablets, 0.15 mg/
0.03 mg, from sale. We have also independently evaluated relevant
literature and data for possible postmarketing adverse events. We have
found no information that would indicate that this drug product was
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list ORTHO-CEPT
(desogestrel-ethinyl estradiol) 21- and 28-day oral tablets, 0.15 mg/
0.03 mg, in the ``Discontinued Drug Product List'' section of the
Orange Book. The ``Discontinued Drug Product List'' delineates, among
other items, drug products that have been discontinued from marketing
for reasons other than safety or effectiveness. FDA will not begin
procedures to withdraw approval of approved ANDAs that refer to this
drug product. Additional ANDAs for this drug product may also be
approved by the Agency as long as they meet all other legal and
regulatory requirements for the approval of ANDAs. If FDA determines
that labeling for this drug product should be revised to meet current
standards, the Agency will advise ANDA applicants to submit such
labeling.

    Dated: August 17, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-17990 Filed 8-20-21; 8:45 am]
BILLING CODE 4164-01-P