[Federal Register: November 18, 2009 (Volume 74, Number 221)]
[Notices]
[Page 59596-59599]
[DOCID:fr18no09-103]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60983; File No. SR-NYSE-2009-84]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1,
Amending NYSE Rule 36 To Permit the Use of Personal Portable or
Wireless Communication Devices Off the Exchange Trading Floor and
Outside Other Restricted Access Areas

November 10, 2009.

I. Introduction

    On August 27, 2009, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change, as modified by Amendment No. 1,\4\ to amend NYSE
Rule 36 to permit the use of personal portable or wireless
communication devices off the Exchange Trading Floor and outside other
restricted access areas, and make corresponding technical changes. The
proposed rule change was published for comment in the Federal Register
on September 28, 2009.\5\ The Commission received no comments regarding
the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ Amendment No. 1, which the Exchange filed on September 17,
2009, superseded and replaced the original filing in its entirety.
    \5\ See Securities Exchange Act Release No. 60691 (September 18,
2009), 74 FR 49431 FR 34609 (``Notice'').
---------------------------------------------------------------------------

II. Background

    Currently, NYSE Rule 36 (Communications Between Exchange and
Members' Offices) prohibits members and member organizations from
establishing or maintaining any telephonic or electronic communication,
including the usage of any portable or wireless communication devices
(i.e. cellular phone, wireless pager, BlackBerry\TM\, etc.), between
the Floor, as defined in NYSE Rule 6, and any other location without
prior Exchange approval.
    Notwithstanding the rule's general prohibition on the use of
portable or wireless communication devices, current Rule 36 permits
Floor brokers to use Exchange authorized and issued portable phones on
the Floor to

communicate with both member firms and non-members off the Floor,
subject to certain restrictions.\6\ Floor brokers may not, however, use
Exchange authorized and issued devices on the NYSE Amex Options Trading
Floor (as defined in NYSE Rule 6A).\7\ In addition, current Rule 36
permits Designated Market Makers (``DMMs''), subject to restriction, to
maintain at their posts telephone lines to the off-Floor offices of the
DMM unit or the unit's clearing firm.\8\ Such telephone lines may only
be used to enter options or futures hedging orders through the DMM
unit's off-Floor office or the unit's clearing firm, or through a
member (on the Floor) of an options or futures exchange. These lines
may not, however, be used for the purpose of transmitting to the Floor
orders for the purchase or sale of securities. DMMs are also permitted
to use at their posts wired or wireless devices, including computer
terminals or laptops, that are registered with the Exchange to
communicate with their system algorithms.\9\ Under current Rule 36, the
use of all other portable or wireless communication devices on the
Floor is prohibited.
---------------------------------------------------------------------------

    \6\ All members and member firm employees who use an Exchange
authorized and issued portable phone must execute a written
acknowledgement as to the usage of the phone and authorizing the
Exchange to receive data and records related to incoming and
outgoing calls. See NYSE Information Memos 08-40 (August 14, 2008)
and 08-41 (August 14, 2008) (concerning the use of Exchange
authorized and issued portable phones on the Floor). See also NYSE/
NYSE Amex Information Memo 08-66 (December 22, 2008).
    \7\ See Rule 36, Supplementary Material .20--.23.
    \8\ The role of DMMs and their obligations on the Exchange are
described in Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46). Notably,
pursuant to this Release, the Exchange phased out the specialist
system and adopted a Designated Market Maker (``DMM'') structure.
    \9\ See NYSE Rule 36.30.
---------------------------------------------------------------------------

    As noted in the foregoing paragraph, the restrictions on the use of
portable or wireless communication devices in current Rule 36 relate to
what is and is not permissible on the Exchange Floor. Under NYSE Rule
6, the term Floor is defined as ``the trading Floor of the Exchange and
the premises immediately adjacent thereto, such as the various
entrances and lobbies of the 11 Wall Street, 18 New Street, 8 Broad
Street, 12 Broad Street and 18 Broad Street Buildings, and also means
the telephone facilities available in these locations.'' \10\
---------------------------------------------------------------------------

    \10\ The Exchange also has issued interpretive guidance that the
``Floor'' also includes the areas outside the ``Blue Line'' (member
and member organization booths adjacent to the trading Floor) and
``any area reserved primarily for members, including members'
lounges and bathrooms.'' See NYSE/NYSE Amex Information Memo 08-66
(December 22, 2008).
---------------------------------------------------------------------------

    Recently, the Exchange adopted Rule 6A, setting forth a definition
of Trading Floor that is distinct from the definition of Floor.
Specifically, the Trading Floor is an area within the area of the
``Floor'' that is defined as ``the restricted-access physical areas
designated by the Exchange for the trading of securities, commonly
known as the `Main Room' and the `Garage.' '' \11\ As such, the Trading
Floor's restricted access physical area also includes the areas outside
the Blue Line that include the member and member organization booths
and/or trading desks.
---------------------------------------------------------------------------

    \11\ In its filing, the Exchange noted that the NYSE Amex
Options Trading Floor is within the restricted access perimeter that
encompasses the NYSE Trading Floor and thus member and member firm
employees would not be permitted to use such devices in that space
under the terms of the proposed Rule defining where such devices are
permissible. In addition, pursuant to the definitions of ``Floor''
and ``Trading Floor'' in NYSE Rules 6 and 6A, and corresponding
Rules 6 and 6A--NYSE Amex Equities, the NYSE and NYSE Amex Equities
Trading Floors overlap and thus references to Exchange's Trading
Floor includes the NYSE Amex Equities Trading Floor. See Securities
Exchange Act Release No. 59479 (March 2, 2009), 74 FR 10325 (March
10, 2009) (SR-NYSE-2009-23).
---------------------------------------------------------------------------

III. Description of the Proposal

    The Exchange proposes to amend NYSE Rule 36 to permit the use of
personal portable or wireless communication devices outside of the
Exchange's Trading Floor and other restricted access areas, provided
such usage is consistent with all other Exchange Rules and federal
securities laws and rules thereunder. Floor brokers would still be
limited to using only Exchange authorized and issued portable phones on
the Exchange Trading Floor and DMMs would still only be permitted to
use registered telephone lines and/or wired or wireless devices at
their posts, and all such devices and communications would continue to
be regulated by the Exchange.
    The proposal would permit Exchange members and member firm
employees to use personal portable or wireless communications devices
in designated areas of the Exchange's buildings and facilities that
fall within the technical definition of the Floor under Rule 6, but
that are outside the Trading Floor, and other restricted access points
(i.e. where there are turnstiles or card swipe pads that electronically
release locked doors to permit authorized entry).\12\ Because the lobby
and other corridor areas where usage of personal portable or wireless
communications will now be permitted still fall within the broader
definition of ``Floor'' under Exchange rules, the Exchange will retain
jurisdiction over its members in these areas. As such, in its filing,
the Exchange noted that it would retain jurisdiction over its members
and member firm employees to regulate conduct that is inconsistent with
Exchange Rules and the federal securities laws and rules thereunder
(e.g., trading ahead, insider trading, market manipulation).\13\
---------------------------------------------------------------------------

    \12\ In the filing, the Exchange represented that the majority
of the doors that require card swipe for entry are opaque. See also
note 19 infra.
    \13\ See Notice, supra note 5.
---------------------------------------------------------------------------

    The proposal would thus permit members and member firm employees to
use their personal communications devices in the hallways, stairwells,
lobbies or members-only areas of the Exchange premises that are
adjacent to the Trading Floors of the Exchange, NYSE Amex Options and/
or NYSE Amex Equities.\14\ The Exchange stated specifically that such
usage would be permitted in the lobby areas of the Exchange's
facilities at 11 Wall Street, 6 and 18 New Street, and 2, 12, 18 and 20
Broad Street, as well as in the corridor in front of the interior
elevator bank inside of 18 Broad Street.\15\
---------------------------------------------------------------------------

    \14\ See supra note 11. In addition, while the NYSE Amex Options
Rules permit NYSE Amex Options members to use personal
communications devices on the NYSE Amex Options Trading Floor, those
rules prohibit NYSE Amex Options members from using those devices on
the Trading Floor of the Exchange. See NYSE Amex Options Rule 902NY.
    \15\ See Notice, supra note 5.
---------------------------------------------------------------------------

    In its filing, the Exchange stated that the purpose of the proposal
is to provide Exchange members and member firm employees with a
reasonable and comfortable space inside the physical confines of the
Exchange's buildings and facilities within which they may use their
personal portable or wireless communication devices, without
diminishing the ability to monitor and regulate their conduct.\16\
According to the Exchange, the current prohibitions of Rule 36 and the
broad definition of ``Floor'' under Rule 6 together effectively require
members and member firm employees to exit the Exchange premises in
order to use their personal portable or wireless communications
devices.\17\ In the Exchange's view, the distance afforded by allowing
a DMM, for example, to use a personal portable or wireless
communication device outside the turnstiles is, in essence, equivalent
to requiring a DMM to leave the

Exchange's premises to do the same.\18\ Further, the Exchange
represented that any time or place advantage to using such devices
outside restricted access areas is significantly reduced by the fact
that a DMM has no line of sight \19\ and no ability to hear trading
activity on the Floor and the speed of electronic trading would likely
render stale any information a DMM had prior to leaving his or her post
on the Trading Floor.\20\
---------------------------------------------------------------------------

    \16\ See Notice, supra note 5.
    \17\ See Notice, supra note 5. In the filing, the Exchange
acknowledged that there are other areas on the Exchange's premises
where personal communications devices may be used by members and
member firm employees (e.g., the cafeteria in 11 Wall Street), but
represented that these areas are either too far from the Trading
Floor to be practical or do not have adequate reception for such
devices.
    \18\ See Notice, supra note 5.
    \19\ The Commission notes that in at least one lobby area there
is a line of sight to the Trading Floor and a trading post, unlike
other lobby areas where the doors to the Trading Floor are opaque.
See supra note 12. The Commission acknowledges, however, that it
would be difficult to see any specific information on the post
screens from this lobby area. The Commission expects the Exchange to
monitor this to ensure that this remains the case and that such line
of sight to the Trading Floor is not misused.
    \20\ See Notice, supra note 5.
---------------------------------------------------------------------------

    In addition, noting that the proposed rule amendments specifically
provide that the use of personal portable or wireless communication
devices by Exchange members and member firm employees is subject to
compliance with all other Exchange Rules and federal securities laws
and rules thereunder, the Exchange represented that it will issue a
Notice to Members that will, among other things, remind Exchange
members and member firm employees of their obligations under the
requirements of Securities Exchange Act Release Nos. 33-7288 and 34-
37182, concerning the ``Use of Electronic Media by Broker-Dealers,
Transfer Agents, and Investment Advisers for Delivery of Information.''
\21\
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release Nos. 33-7288 and 34-
37182 (May 9, 1996), 61 FR 24643 (May 15, 1996) (S7-13-96). See also
FINRA Regulatory Notice 2007-59 (December 7, 2007), concerning the
supervision of electronic communications.
---------------------------------------------------------------------------

    The Exchange also proposed corresponding technical amendments to
Rule 36.20.

IV. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.
Specifically, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\22\ which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
    \23\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Exchange has proposed that members and member firm employees be
permitted to use personal portable or wireless communication devices
off the Exchange Trading Floor and outside of restricted access areas
(i.e. restricted access areas are areas where there are turnstiles or
card swipe pads that electronically release locked doors to permit
authorized entry),\24\ subject to compliance with all other Exchange
Rules and the federal securities laws and rules thereunder. The
proposal marks a departure from the Exchange's current prohibition on
the use of such devices in areas that are in close proximity to the
Trading Floor of the Exchange, and its stated policy that ``best
practice'' is for ``personal contacts made using portable communication
devices, whether Exchange issued or not, [to] be made outside the
building.'' \25\
---------------------------------------------------------------------------

    \24\ As noted above, restricted access areas include the areas
outside the Blue Line that include member and member organization
booths and/or trading desks.
    \25\ See NYSE/NYSE Amex Information Memo 08-66 (December 22,
2008).
---------------------------------------------------------------------------

    The Commission finds, however, that the proposal strikes a
reasonable balance between the Exchange's interest in providing a
convenient and comfortable space for Exchange members and member firm
employees to use their personal portable communications devices inside
Exchange buildings and its interest in minimizing the risk of misuse of
such devices, which are not subject to the same surveillance as
Exchange authorized and issued devices. In particular, the Commission
notes the Exchange's representation that any time or place advantage to
using personal portable communication devices outside restricted points
of access to the Trading Floor is ``significantly reduced by the fact
that a Floor Broker or DMM has no line of sight and no ability to hear
trading activity on the [Trading] Floor and the speed of electronic
trading would likely render stale any information a DMM had prior to
leaving his or her post on the Trading Floor.'' \26\
---------------------------------------------------------------------------

    \26\ See Notice, supra note 5.
---------------------------------------------------------------------------

    As noted above, the Commission expects that the Exchange will, in
the exercise of its regulatory responsibilities, work to ensure that
any line of sight to the Trading Floor that may exist does not allow
access to Trading Floor information that may raise concerns.\27\
---------------------------------------------------------------------------

    \27\ See supra note 19.
---------------------------------------------------------------------------

    The Commission notes that the Exchange retains jurisdiction over
its members for their conduct in the new areas where the use of
personal communication devices will now be permitted because these
areas are still within the broader definition of Floor under NYSE Rule
6.\28\ The Commission further notes the Exchange's representation that
it will issue a Notice to Members reminding members of their
obligations under Securities Exchange Act Release Nos. 33-7288 and 34-
37182, concerning the ``Use of Electronic Media by Broker-Dealers,
Transfer Agents, and Investment Advisers for Delivery of Information.''
\29\ In these releases, among other things, the Commission noted that
the substantive and liability provisions of the federal securities
laws, as well as the recordkeeping requirements of the Act apply
equally to electronic and paper based media.\30\
---------------------------------------------------------------------------

    \28\ See note 13 and accompanying text supra.
    \29\ See Securities Act Release No 7288 and Securities Exchange
Act Release No. 37182 (May 9, 1996), 61 FR 24643 (May 15, 1996) (S7-
13-96).
    \30\ Id. See also FINRA Regulatory Notice 2007-59 (December 7,
2007), concerning the supervision of electronic communications,
which among other things, reminds member firms of their obligation
to (1) have supervisory policies and procedures to monitor all
electronic communications technology used by the firm and its
associated persons to conduct the firm's business; and (2) ensure
that their use of electronic communications media enables them to
make and keep records, as required by Commission and Exchange rules
(e.g., Rules 17a-3 and 17a-4 under the Act and NYSE Rule 440).
---------------------------------------------------------------------------

    Based on the foregoing, the Commission therefore finds the proposal
to be consistent with the Act. The Commission believes that the
proposal to permit the use of personal communication devices in certain
specified areas adjacent to the Trading Floor, while not without any
risk, is tempered by the speed of electronic trading, the existence of
access barriers between the Trading Floor and the areas where use of
personal communication devices will now be permitted, and the fact that
the Exchange retains jurisdiction over its members while they are in
these areas. The Commission expects, however, that the Exchange will
monitor compliance with the new rule and inform the Commission if it
encounters difficulties in implementing and enforcing it or otherwise
finds that the new rule raises regulatory concerns.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\31\ that the

proposed rule change (SR-NYSE-2009-84), as amended, be, and hereby is,
approved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27608 Filed 11-17-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 56942-56943]
[FR Doc No: 2022-20073]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-118-000.
    Applicants: Eastover Solar LLC, PGR 2021 Lessee 17, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Eastover Solar LLC.
    Filed Date: 9/9/22.
    Accession Number: 20220909-5209.
    Comment Date: 5 p.m. ET 9/30/22.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-217-000.
    Applicants: Yellow Pine Solar, LLC.
    Description: Yellow Pine Solar, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 9/9/22.
    Accession Number: 20220909-5166.
    Comment Date: 5 p.m. ET 9/30/22.

    Docket Numbers: EG22-218-000.
    Applicants: Mesquite Solar 4, LLC.
    Description: Mesquite Solar 4, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5049.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: EG22-219-000.
    Applicants: Mesquite Solar 5, LLC.
    Description: Self-Certification of EG for Mesquite Solar 5, LLC.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5139.
    Comment Date: 5 p.m. ET 10/3/22.

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

    Docket Numbers: ER22-2525-000.
    Applicants: Gridmatic Inc.
    Description: Supplement to July 29, 2022, Gridmatic Inc. tariff
filing per 35.12: MBR Tariff Application.
    Filed Date: 9/7/22.
    Accession Number: 20220907-5119.
    Comment Date: 5 p.m. ET 9/19/22.

    Docket Numbers: ER22-2829-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, AEP Ohio Transmission Company, Inc., PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: American Electric Power
Service Corporation submits tariff filing per 35.13(a)(2)(iii: AEP
submits Two FAs re: ILDSA SA No. 1336 to be effective 11/12/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5026.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2830-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Sec.  205(d) Rate Filing: New York Transco LLC--
Engineering, Design and Procurement Agreement to be effective 9/13/
2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5068.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2831-000.
    Applicants: ISO New England Inc., Vermont Transco LLC.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Vermont Transco LLC; Tariff Clean-Up
Filing to be effective 5/1/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5080.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2832-000.
    Applicants: Cardinal Point LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Baseline Filing to be effective 10/31/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5084.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2833-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Middleton Solar Farm LGIA
Filing to be effective 8/26/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5091.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2834-000.
    Applicants: ISO New England Inc., Green Mountain Power Corporation.

    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Green Mountain Power; Tariff Clean-
Up Filing to be effective 5/1/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5094.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2835-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: Colstrip Trans System LGIA--
Concurrence GB Energy to be effective 8/22/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5117.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2836-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-09-12_RPU Remove LIBOR
and Correction Filing to be effective 1/1/2023.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5126.
    Comment Date: 5 p.m. ET 10/3/22.

    Docket Numbers: ER22-2837-000.
    Applicants: Desert Sunlight 250, LLC.
    Description: Sec.  205(d) Rate Filing: A&R LGIA Co-Tenancy
Agreement to be effective 9/13/2022.
    Filed Date: 9/12/22.
    Accession Number: 20220912-5142.
    Comment Date: 5 p.m. ET 10/3/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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
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 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-20073 Filed 9-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34166-34168]
[FR Doc No: 2021-13709]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0515; Project Identifier AD-2021-00191-E]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Pratt & Whitney PW1500G and PW1900G series turbofan engines
with a certain high-pressure turbine (HPT) 1st-stage hub or HPT rotor
1st-stage blade retaining plate installed. This proposed AD was
prompted by a report from the manufacturer who determined that the HPT
1st-stage hub and HPT rotor 1st-stage blade retaining plate fail to
meet the published life-cycle limits for each part. This proposed AD
would require removal and replacement of the HPT 1st-stage hub and HPT
rotor 1st-stage blade retaining plate prior to reaching certain cycle
limits. The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by June 29,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Pratt &
Whitney, 400 Main Street, East Hartford, CT 06118; phone: (800) 565-
0140; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website: https://fleetcare.pw.utc.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0515; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mark Taylor, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7229; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0515; Project Identifier
AD-2021-00191-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Mark
Taylor, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The FAA received a report from the manufacturer, who determined
after recalculating life limits using a thermal match model and other
life-calculation methodology updates, the HPT 1st-stage hub and HPT
rotor 1st-stage blade retaining plate failed to meet the published
life-cycle limits for each part. This condition, if not addressed,
could result in the release of the HPT 1st-stage hub or HPT rotor 1st-
stage blade retaining plate, damage to the engine, and damage to the
aircraft.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information

    The FAA reviewed Pratt & Whitney Service Bulletin (SB) PW1000G-A-
72-00-0115-00B-930A-D, Issue No. 001, dated April 26, 2021, and Pratt &
Whitney SB PW1000G-A-72-00-0168-00A-930A-D, Issue No. 001, dated April
26, 2021. These SBs describe procedures for removing and replacing the
HPT 1st-stage hub and HPT rotor 1st-stage blade retaining plate.

Proposed AD Requirements in This NPRM

    This proposed AD would require removal and replacement of the HPT
1st-stage hub and HPT rotor 1st-stage blade retaining plate prior to
reaching certain cycle limits.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 88 engines installed on airplanes of U.S. registry. The FAA
estimates that in most cases the affected HPT 1st-stage hub and the
affected HPT 1st-stage blade retaining plate will both be replaced
during the same disassembly of the engine. This cost estimate therefore
reflects the cost of replacing both parts during the same engine
disassembly.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace HPT 1st-stage hub and HPT       300 work-hours x $85 per         $86,252        $111,752      $9,834,176
 rotor 1st-stage blade retaining plate   hour = $25,500.
 (pro-rated part cost).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Pratt & Whitney: Docket No. FAA-2021-0515; Project Identifier AD-
2021- 00191-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 13, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pratt & Whitney PW1519G, PW1521G, PW1521G-3,
PW1521GA, PW1524G, PW1524G-3, PW1525G, PW1525G-3, PW1919G, PW1921G,
PW1922G, PW1923G, and PW1923G-A model turbofan engines with a high-
pressure turbine (HPT) 1st-stage hub, part number (P/N) 30G5701, or
an HPT rotor 1st-stage blade retaining plate, P/N 30G1692,
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by a report from the manufacturer who
determined that the HPT 1st-stage hub and HPT rotor 1st-stage blade
retaining plate fail to meet the published life-cycle limits for
each part. The FAA is issuing this AD to prevent failure of the HPT
1st-stage hub or HPT rotor 1st-stage blade retaining plate. The
unsafe condition, if not addressed, could result in the release of
the HPT 1st-stage hub or HPT rotor 1st-stage blade retaining plate,
damage to the engine, and damage to the aircraft.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) For PW1519G, PW1521G, PW1521G-3, PW1521GA, PW1524G, and
PW1524G-3 model turbofan engines:
    (i) For an affected HPT 1st-stage hub and an affected HPT rotor
1st-stage blade retaining plate with 3,000 cycles since new (CSN) or
fewer on the effective date of this AD, before the affected part
exceeds 4,700 CSN, remove the affected part, as applicable, and
replace with a part eligible for installation.
    (ii) For an affected HPT 1st-stage hub and an affected HPT rotor
1st-stage blade retaining plate with greater than 3,000 CSN but
fewer than 4,960 CSN on the effective date of the AD, at the next
engine shop visit after accumulating 4,700 CSN or before the
affected part exceeds 5,260 CSN, whichever occurs first, remove the
affected part, as applicable, and replace with a part eligible for
installation.
    (iii) For an affected HPT 1st-stage hub and an affected HPT
rotor 1st-stage blade retaining plate with 4,960 CSN or greater on
the effective date of the AD, at the next engine shop visit or
within 300 cycles after the effective date of this AD, whichever
occurs first, remove the affected part, as applicable, and replace
with a part eligible for installation.
    (2) For PW1919G and PW1921G model turbofan engines:
    (i) For an affected HPT 1st-stage hub and an affected HPT rotor
1st-stage blade retaining plate with 3,000 CSN or fewer on the
effective date of this AD, before the affected part exceeds 4,700
CSN, remove the affected part, as applicable, and replace with a
part eligible for installation.
    (ii) For an affected HPT 1st-stage hub and an affected HPT rotor
1st-stage blade retaining plate with greater than 3,000 CSN but
fewer than 4,700 CSN on the effective date of the AD, at the next
engine shop visit after the affected part accumulates 4,700 CSN or
before the affected part exceeds 5,000 CSN, whichever occurs first,
remove the affected part, as applicable, and replace with a part
eligible for installation.
    (iii) For an affected HPT 1st-stage hub and an affected HPT
rotor 1st-stage blade retaining plate with 4,700 CSN or greater on
the effective date of the AD, at the next engine shop visit or
within 300 cycles after the effective date of this AD, whichever
occurs first, remove the affected part, as applicable, and replace
with a part eligible for installation.
    (3) For PW1525G and PW1525G-3 model turbofan engines:
    (i) Before the affected HPT 1st-stage hub and affected HPT rotor
1st-stage blade retaining plate exceeds 2,800 CSN, respectively, or
within 300 cycles after the effective date of this AD, whichever
occurs later, remove the affected part, as applicable, and replace
with a part eligible for installation.
    (ii) [Reserved]
    (4) For PW1922G, PW1923G, and PW1923G-A model turbofan engines:
    (i) Before the affected HPT 1st-stage hub and affected HPT rotor
1st-stage blade retaining plate exceeds 3,000 CSN,

respectively, or within 300 cycles after the effective date of this
AD, whichever occurs later, remove the affected part, as applicable,
and replace with a part eligible for installation.
    (ii) [Reserved]

(h) Definition

    (1) For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except for
the following, which do not constitute an engine shop visit:
    (i) Separation of engine flanges solely for the purposes of
transportation without subsequent maintenance does not constitute an
engine shop visit.
    (ii) Separation of engine flanges solely for the purpose of
replacing the fan without subsequent maintenance does not constitute
an engine shop visit.
    (2) For the purpose of this AD, a ``part eligible for
installation'' is:
    (i) For PW1519G, PW1521G, PW1521G-3, PW1521GA, PW1524G, PW1524G-
3, PW1919G, and PW1921G model turbofan engines:
    (A) Any HPT 1st-stage hub with P/N 30G5701 with 4,700 CSN or
fewer, or with a P/N not listed in this AD.
    (B) Any HPT rotor 1st-stage blade retaining plate with P/N
30G1692 with 4,700 CSN or fewer, or with a P/N not listed in this
AD.
    (ii) For PW1525G and PW1525G-3 model turbofan engines:
    (A) Any HPT 1st-stage hub with P/N 30G5701 with 2,800 CSN or
fewer, or with a P/N not listed in this AD.
    (B) Any HPT rotor 1st-stage blade retaining plate with P/N
30G1692 with 2,800 CSN or fewer, or with a P/N not listed in this
AD.
    (iii) For PW1922G, PW1923G, and PW1923G-A model turbofan
engines:
    (A) Any HPT 1st-stage hub with P/N 30G5701 with 3,000 CSN or
fewer, or with a P/N not listed in this AD.
    (B) Any HPT rotor 1st-stage blade retaining plate with P/N
30G1692 with 3,000 CSN or fewer, or with a P/N not listed in this
AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to:
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Mark Taylor,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Pratt
& Whitney, 400 Main Street, East Hartford, CT 06118; phone: (800)
565-0140; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>website:
https://fleetcare.pw.utc.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call
(781) 238-7759.

    Issued on June 23, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-13709 Filed 6-28-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7042-7043]
[FR Doc No: 2018-03245]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2015-E-3856; FDA-2015-E-3857]

Determination of Regulatory Review Period for Purposes of Patent
Extension; MOVANTIK

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for MOVANTIK and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by April
17, 2018. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section
for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 17, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of April 17, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date. Furthermore, any
interested person may petition FDA for a determination regarding
whether the applicant for extension acted with due diligence during the
regulatory review period by August 15, 2018. See ``Petitions'' in the
SUPPLEMENTARY INFORMATION section for more information.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA 2015-E-3856 and FDA 2015-E-3857 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; MOVANTIK.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the

claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product MOVANTIK
(naloxegol oxalate). MOVANTIK is indicated for the treatment of opioid-
induced constipation in adult patients with chronic non-cancer pain.
Subsequent to this approval, the USPTO received patent term restoration
applications for MOVANTIK (U.S. Patent Nos. 7,662,365 and 7,786,133)
from Nektar Therapeutics, and the USPTO requested FDA's assistance in
determining the patents' eligibility for patent term restoration. In a
letter dated October 30, 2015, FDA advised the USPTO that this human
drug product had undergone a regulatory review period and that the
approval of MOVANTIK represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
MOVANTIK is 2,493 days. Of this time, 2,127 days occurred during the
testing phase of the regulatory review period, while 366 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: November 21, 2007. The applicant claims October 22, 2007, as
the date the investigational new drug application (IND) became
effective. However, FDA records indicate that the IND effective date
was November 21, 2007, which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: September
16, 2013. FDA has verified the applicant's claim that the new drug
application (NDA) for MOVANTIK (NDA 204760) was initially submitted on
September 16, 2013.
    3. The date the application was approved: September 16, 2014. FDA
has verified the applicant's claim that NDA 204760 was approved on
September 16, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,020 days or 272 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 13, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03245 Filed 2-15-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Page 50356]
[FR Doc No: 2018-21739]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2492-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization: FTS Master
Tenant 2, LLC

    This is a supplemental notice in the above-referenced proceeding of
FTS Master Tenant 2, 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 October 18, 2018.
    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 website 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 protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 28, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-21739 Filed 10-4-18; 8:45 am]
 BILLING CODE 6717-01-P