[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Notices]
[Page 8248-8249]
[DOCID:fr24fe09-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC09-40-000]

Empire Pipeline, Inc.; Notice of Filing

February 17, 2009.
    Take notice that on February 10, 2009 Empire Pipeline, Inc.
submitted a request for waiver of the requirement to submit the 2008
FERC Form No. 2 under Section 260.1 of the Commission regulations.
    Any person desiring to intervene or to protest this filing must
file in

accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211, 385.214). Protests will be considered by
the Commission in determining the appropriate action to be taken, but
will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the comment date. On or before the comment
date, it is not necessary to serve motions to intervene or protests on
persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: March 19, 2009.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-3858 Filed 2-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22057-22058]
[FR Doc No: 2018-10074]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2740-051]

Duke Energy Carolinas, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of License.
    b. Project No: P-2740-051.
    c. Date Filed: April 23, 2018.
    d. Applicant: Duke Energy Carolinas, LLC (Duke Energy).
    e. Name of Project: Bad Creek Pumped Storage Project.
    f. Location: The project is located on the Bad and West Bad Creeks,
in Oconee County, South Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jeffrey G. Lineberger, Duke Energy, 526 South
Church Street, Mail Code EC-12Y, Charlotte, North Carolina 28202, (704)
382-5942.
    i. FERC Contact: Zeena Aljibury,<PHONE_NUMBER>,
[email protected].
    j. Deadline for Filing Comments, Motions to Intervene, and
Protests: June 07, 2018.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2740-051.
    k. Description of Request: Duke Energy requests approval to upgrade
and refurbish four Francis-type pump-turbines in the powerhouse,
replace existing runners with Francis-type pump-turbine runners, and
rehabilitate and/or upgrade the remaining components of the pump-
turbine runners. Duke Energy states that the upgrades and refurbishment
will result in an increase of the Project's maximum hydraulic capacity
of less than 15 percent during generation. The turbine installation
activities are planned as a multi-year process, with one turbine-runner
replacement occurring per year from 2019 through 2023. During the
turbine upgrades, the appropriate unit will be dewatered and isolated
from head and tail-waters by closing the spherical valves and draft
gates, and by sealing the spherical valves and draft tube gates to
minimize leakage. Any work which requires the lowering or draining of
the upper reservoir will take place during a common system outage
planned for 2018. The new pump-turbine runners will pass water at a
higher flow rate between the upper and lower reservoirs. The proposed
updates will not change the amount of water being transferred between
reservoirs or the reservoir level, therefore, water quality is not
anticipated to be affected. Additionally, the potential impact on fish
resources will be limited to those associated with the fish entrainment
by the project turbines and no federally protected species will be
impacted. Duke Energy notes the additional capacity and system
flexibility will enhance the project's ability to support Duke Energy's
electric system needs.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits (P-2740)
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Motions to Intervene, or Protests: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works that are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each

representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: May 7, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-10074 Filed 5-10-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Rules and Regulations]
[Page 41615-41617]
[DOCID:fr18au09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30681; Amdt. No. 3334]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 18, 2009. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 18, 2009.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this

material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest, and where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979) ;
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC on August 7, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 27 AUG 2009

Bethel, AK, Bethel, RNAV (GPS) RWY 1R, Orig.
Bethel, AK, Bethel, RNAV (GPS) RWY 19L, Orig.
Lewiston, ID, Lewiston-Nez Perce County, ILS RWY 26, Amdt 12.
Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 8, Amdt 1.
Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 12, Amdt 1.
Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 26, Orig.
Lewiston, ID, Lewiston-Nez Perce County, VOR RWY 26, Amdt 13.
Teterboro, NJ, Teterboro, Takeoff Minimums and Obstacle DP, Amdt 6.
Tooele, UT, Bolinder Field-Tooele Valley, ILS OR LOC/DME RWY 17,
Amdt 1.
Tooele, UT, Bolinder Field-Tooele Valley, RNAV (GPS) Y RWY 17, Orig.
Tooele, UT, Bolinder Field-Tooele Valley, RNAV (GPS) Z RWY 17, Amdt
2.

Effective 24 SEP 2009

Washington, DC, Ronald Reagan Washington Natl, VOR/DME RNAV OR GPS
RWY 4, Amdt 6B, CANCELLED.
Hollywood, FL, North Perry, Takeoff Minimums and Obstacle DP, Amdt
3.
Plains, GA, Peterson Field, Takeoff Minimums and Obstacle DP, Orig.
Dixon, IL, Dixon Muni-Charles R Walgreen Field, RNAV (GPS) RWY 8,
Orig-A.
Dixon, IL, Dixon Muni-Charles R Walgreen Field, RNAV (GPS) RWY 26,
Orig-A.
Dixon, IL, Dixon Muni-Charles R Walgreen Field, VOR-A, Amdt 10A.
Moline, IL, Quad City Intl, ILS OR LOC RWY 27, Amdt 2.
Moline, IL, Quad City Intl, RNAV (GPS) RWY 13, Amdt 1.
Moline, IL, Quad City Intl, RNAV (GPS) RWY 31, Amdt 1.
Millinocket, ME, Millinocket Muni, VOR RWY 29, Orig-A.

Clinton, NC, Sampson County, Takeoff Minimums and Obstacle DP, Amdt
1.
Fayetteville, NC, Fayetteville Regional/Grannis Field, LOC BC RWY
22, Amdt 7.
Fayetteville, NC, Fayetteville Regional/Grannis Field, RNAV (GPS)
RWY 22, Amdt 3.
Fayetteville, NC, Fayetteville Regional/Grannis Field, VOR RWY 22,
Amdt 7.
Hatteras, NC, Billy Mitchell, Takeoff Minimums and Obstacle DP,
Orig.
Lincolnton, NC, Lincolnton-Lincoln Rgnl, GPS RWY 5, Orig, CANCELLED.
Lincolnton, NC, Lincolnton-Lincoln Rgnl, RNAV (GPS) RWY 5, Orig.
Lincolnton, NC, Lincolnton-Lincoln Rgnl RNAV (GPS) RWY 23, Orig.
Teterboro, NJ, Teterboro, RNAV (GPS) Y RWY 6, Amdt 2.
Teterboro, NJ, Teterboro, RNAV (RNP) RWY 19, Orig.
Teterboro, NJ, Teterboro, RNAV (RNP) Z RWY 6, Orig.
Jamestown, TN, Jamestown Muni, Takeoff Minimums and Obstacle DP,
Orig.
Provo, UT, Provo Muni, RNAV (GPS) RWY 13, Amdt 1A.
Green Bay, WI, Austin Straubel Intl, VOR/DME OR TACAN RWY 36, Amdt
10.

Effective 22 OCT 2009

Jackson, TN, Mc Kellar-Sipes Rgnl, VOR RWY 2, Amdt 13.
Livingston, TN, Livingston Muni, RNAV (GPS) RWY 3, Orig.
Livingston, TN, Livingston Muni, RNAV (GPS) RWY 21, Orig.
Livingston, TN, Livingston Muni, Takeoff Minimums and Obstacle DP,
Amdt 2.
Livingston, TN, Livingston Muni, VOR/DME RWY 21, Amdt 5.

[FR Doc. E9-19658 Filed 8-17-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19634-19635]
[FR Doc No: 2023-06850]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX23-4-000]

Pome BESS LLC; Notice of Filing

    Take notice that on March 27, 2023, pursuant to sections 210 and
211 of the Federal Power Act,\1\ Pome BESS LLC (Pome BESS) filed an
application requesting that the Federal Energy Regulatory Commission
(Commission) issue an order requiring San Diego Gas & Electric Company
(SDG&E) to provide interconnection and transmission services for the
proposed Pome BESS

battery energy storage facility under the terms and conditions of the
Transmission Control Agreement between SDG&E and the California
Independent System Operator Corporation (CAISO), the SDG&E TO Tariff,
CAISO's Fifth Replacement FERC Electric Tariff,\2\ and the Large
Generator Interconnection Agreement among Pome BESS, SDG&E, and CAISO,
dated October 20, 2022, as they may be in effect from time to time.
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    \1\ 16 U.S.C. 824i and 824j.
    \2\ Capitalized terms that are not otherwise defined herein have
the meanings set forth in the CAISO Tariff.
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on April 27, 2023.

    Dated: March 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-06850 Filed 3-31-23; 8:45 am]
BILLING CODE 6717-01-P


consistently adhered to by the Transmission Provider] of the day
prior to commencement of such service. Schedules submitted after
2:00 p.m. will be accommodated, if practicable. Hour-to-hour and
intra-hour (four intervals consisting of fifteen minute schedules)
schedules of energy that is to be delivered must be stated in
increments of 1,000 kW per hour [or a reasonable increment that is
generally accepted in the region and is consistently adhered to by
the Transmission Provider]. Transmission Customers within

the Transmission Provider's service area with multiple requests for
Transmission Service at a Point of Receipt, each of which is under
1,000 kW per hour, may consolidate their schedules at a common Point
of Receipt into units of 1,000 kW per hour. Scheduling changes will
be permitted twenty (20) minutes [or a reasonable time that is
generally accepted in the region and is consistently adhered to by
the Transmission Provider] before the start of the next scheduling
interval, provided that the Delivering Party and Receiving Party
also agree to the schedule modification. The Transmission Provider
will furnish to the Delivering Party's system operator, hour-to-hour
and intra-hour schedules equal to those furnished by the Receiving
Party (unless reduced for losses) and shall deliver the capacity and
energy provided by such schedules. Should the Transmission Customer,
Delivering Party or Receiving Party revise or terminate any
schedule, such party shall immediately notify the Transmission
Provider, and the Transmission Provider shall have the right to
adjust accordingly the schedule for capacity and energy to be
received and to be delivered.

Appendix C: Pro Forma Large Generator Interconnection Agreement

    The Commission amends and/or adds the following sections of the
pro forma LGIA:
    a. Table of Contents (Add Article 8.4, Provision of Data from a
Variable Energy Resource)
    b. Article 1 (Add definition of Variable Energy Resource)
    c. Article 8.4

Article 1 Definition

    Variable Energy Resource shall mean a device for the production
of electricity that is characterized by an energy source that: (1)
Is renewable; (2) cannot be stored by the facility owner or
operator; and (3) has variability that is beyond the control of the
facility owner or operator.

Article 8.4 Provision of Data From a Variable Energy Resource

    The Interconnection Customer whose Generating Facility is a
Variable Energy Resource shall provide meteorological and forced
outage data to the Transmission Provider to the extent necessary for
the Transmission Provider's development and deployment of power
production forecasts for that class of Variable Energy Resources.
The Interconnection Customer with a Variable Energy Resource having
wind as the energy source, at a minimum, will be required to provide
the Transmission Provider with site-specific meteorological data
including: temperature, wind speed, wind direction, and atmospheric
pressure. The Interconnection Customer with a Variable Energy
Resource having solar as the energy source, at a minimum, will be
required to provide the Transmission Provider with site-specific
meteorological data including: temperature, atmospheric pressure,
and irradiance. The Transmission Provider and Interconnection
Customer whose Generating Facility is a Variable Energy Resource
shall mutually agree to any additional meteorological data that are
required for the development and deployment of a power production
forecast. The Interconnection Customer whose Generating Facility is
a Variable Energy Resource also shall submit data to the
Transmission Provider regarding all forced outages to the extent
necessary for the Transmission Provider's development and deployment
of power production forecasts for that class of Variable Energy
Resources. The exact specifications of the meteorological and forced
outage data to be provided by the Interconnection Customer to the
Transmission Provider, including the frequency and timing of data
submittals, shall be made taking into account the size and
configuration of the Variable Energy Resource, its characteristics,
location, and its importance in maintaining generation resource
adequacy and transmission system reliability in its area. All
requirements for meteorological and forced outage data must be
commensurate with the power production forecasting employed by the
Transmission Provider. Such requirements for meteorological and
forced outage data are set forth in Appendix C, Interconnection
Details, of this LGIA, as they may change from time to time.

LaFLEUR, Commissioner, dissenting in part:

    I am dissenting in part on this Final Rule.
    I strongly support renewable energy, and I have stated many times
that I believe one of the most important jobs of this Commission is to
support the development of rules to address new power supply choices
being made at the state and federal level. For that reason, I support
the requirements in the rule for intra-hour scheduling and power
production forecasting, as well as the guidance we provide on generator
regulation service charges.
    I am dissenting on the narrow point of the compliance requirements
in the Final Rule. As noted in the rule, we heard from many parties
about ongoing efforts to establish intra-hour scheduling and other
market improvements in various regions. However, the rule as issued
would only allow parties to demonstrate compliance through incremental
reforms beyond those already underway, without any explanation of why
the ongoing efforts are insufficient. I would give regions more
flexibility to demonstrate on compliance that these ongoing efforts
meet the objectives of the rule.
    Accordingly, I respectfully dissent in part.

Cheryl A. LaFleur,
Commissioner.

[FR Doc. 2012-15762 Filed 7-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Page 12067]
[FR Doc No: 2013-03993]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0118]

Extreme Weather Effects on Medical Device Safety and Quality

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is studying the
potential effects of extreme weather and natural disasters on medical
device safety and quality. FDA is announcing at this time its request
for comments on the topic of extreme weather effects on medical device
safety and quality.

DATES: Submit either electronic or written comments by May 10, 2013.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Identify comments with the docket number found in
brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer Kelly, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 3429, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Extreme Weather (EW) events and natural disasters can interfere
with the manufacturing, shipping, storage, or use of marketed devices,
which may lead to concerns with their safety or effectiveness. Examples
of such events include hurricanes, floods, lightning storms,
earthquakes, and fires.
    FDA is holding a meeting of its Device Good Manufacturing Practice
Advisory Committee on April 11, 2013, to discuss how to optimize the
use of FDA's current regulatory framework to address risks and
vulnerabilities to the manufacturing chain resulting from EW
conditions. Future steps may be identified to help industry mitigate or
better tolerate challenges to the manufacturing chain as a result of EW
conditions. FDA is opening this docket to gather additional information
to support FDA's efforts to minimize the impact of EW events on the
safety, effectiveness, and availability of medical devices. FDA is
requesting comments on three scenarios related to medical devices and
EW. FDA will use this information to help industry anticipate and
prepare for potential challenges from EW situations in the future.

Scenario A. Marketed Devices Already in Use for Patient Care

    Medical devices in use for ongoing patient care may be damaged or
prevented from functioning by EW conditions. In particular, those
medical devices that are essential to ongoing patient safety,
treatment, or comfort need to continue functioning even under less than
optimal conditions such as electric power or network outages or lack of
clean water. Examples include ventilators in hospitals, infusion pumps
providing essential medicines at home, and dialysis machines in
outpatient centers. The specific risks to patients and the best options
for device optimization will depend on the type of product, the
expected uses, and the locations of treatment.

Scenario B. New/Unused Devices, Components, or Accessories

    Medical devices, components, or accessories may be damaged by EW
conditions before use, while in storage, or during shipping. Examples
include surgical gloves being held for shipment in a warehouse when it
floods or weather interrupting transportation of temperature-sensitive
devices.

Scenario C. Damage to Medical Device Manufacturing Sites

    Medical device manufacturing facilities or equipment may be damaged
during EW, limiting the number or quality of devices that can be
produced until repairs are made. EW may also interrupt access to
electric power, filtered water, or other necessary materials and
utilities, thereby limiting production. Examples include a
manufacturing plant damaged by fire, flooding in a storage warehouse,
or power interruptions in clean rooms and other controlled environments
during the manufacturing process.
    FDA is seeking information particularly on the following questions;
however, you may respond to any, all, or none of these questions, or
you may submit comments on any topic relating to the purposes of this
document, regardless of whether a topic is addressed by these
questions:
    1. Have you experienced any of the scenarios or any other effects
of EW on the safety and effectiveness of medical devices?
    2. How did you respond to extended periods of electrical or network
outages or other events related to EW?
    3. In past EW situations, how was communication handled between the
manufacturer facility and patients/users about the safe use of products
during EW events? How did you provide/receive information about device
failures? Do you have any suggestions for complaint handling during
these situations?
    4. How should industry optimize the design, production, and use of
medical devices during and after EW events?
    5. How could products be monitored during transport and storage in
light of potential interruptions and environmental extremes from EW
events?
    6. How can manufacturers best prevent or minimize temporary
shortages of medical devices when EW may damage existing inventory or
impact just-in-time production of critical components?
    7. In what ways have EW events impacted your manufacturing site?
What were the lessons learned during the recovery process as you
returned to production? What changes were made as a result of the EW
event?
    8. Are there additional steps FDA can take to help industry
anticipate, mitigate, or better tolerate the effects of EW?
    9. Are there steps that standards development or other professional
organizations can take to support industry to optimally prepare for EW
events?

II. Comments

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

    Dated: February 14, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-03993 Filed 2-20-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5462-5463]
[FR Doc No: 2013-01445]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0876]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Pretesting of Tobacco
Communications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (the PRA).

DATES: Fax written comments on the collection of information by
February 25, 2013.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0674.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Pretesting of Tobacco Communications--(OMB Control Number 0910-0674)--
Extension

    In order to conduct educational and public information programs
relating to tobacco use, as authorized by section 1003(d)(2)(D) of the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
393(d)(2)(D)), and to develop stronger health warnings on tobacco
packaging as authorized by the Family Smoking Prevention and Tobacco
Control Act (Tobacco Control Act), it is beneficial for FDA to conduct
research and studies relating to the control and prevention of disease
as authorized by section 301 of the Public Health Service Act (42
U.S.C. 241(a)). In conducting such research, FDA will employ formative
pretests to assess the likely effectiveness of tobacco communications
with specific target audiences.
    The information collected will serve two major purposes. First, as
formative research it will provide the critical knowledge needed about
target audiences. FDA must first understand critical influences on
people's decisionmaking process when choosing to use, not use, or quit
using tobacco products. In addition to understanding the decisionmaking
processes of adults, it is also critical to understand the
decisionmaking processes among adolescents (ages 13 to 17), where
communications will aim to discourage tobacco use before it starts.
Knowledge of these decisionmaking processes will be applied by FDA to
help design effective communication strategies, messages, and warning
labels. Second, as initial testing, it will allow FDA to assess the
potential effectiveness of messages and materials in reaching and
successfully communicating with their intended audiences. Pretesting
messages with a sample of the target audience will allow FDA to refine
messages while they are still in the developmental stage. By utilizing
appropriate qualitative and quantitative methodologies, FDA will be
able to: (1) Better understand characteristics of the target audience--
its attitudes, beliefs, and behaviors--and use risk communications; (2)
more efficiently and effectively design messages and select formats
that have the greatest potential to influence the target audience's
attitudes and behavior in a favorable way; (3) determine the best
promotion and distribution channels to reach the target audience with
appropriate messages; and (4) expend limited program resource dollars
wisely and effectively.
    In the Federal Register of August 17, 2012 (77 FR 49819), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Three comments were received, which included
one comment that was not PRA-related and beyond the scope of this
document, and one comment that was in full support of pretesting
tobacco communications. The third commenter indicated that the
authorizing statute was incorrectly identified. The correct authorizing
statute is section 1003(d)(2)(D) of the FD&C Act. The commenter also

indicated that there was not enough information provided about the
design and methodology of the pretests and the studies to effectively
comment on the collection of information. In response, the information
collection is for a broad spectrum of pretests and studies using a
variety of methodologies and is dependent on the material being tested
and the target audience. Each separate collection and pretest will be
submitted for OMB review and approval prior to the collection or
pretest being released to the public.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Individual In-Depth Interviews             360               1             360  0.75 (45                     270
                                                                                minutes).
General Public Focus Group                 144               1             144  1.5 hours.......             216
 Interviews.
Intercept Interviews: Central              600               1             600  0.25 (15                     150
 Location.                                                                       minutes).
Intercept Interviews:                   10,000               1          10,000  0.08 (5 minutes)             800
 Telephone \2\.
Self-Administered Surveys.....           2,400               1           2,400  0.25 (15                     600
                                                                                minutes).
Gatekeeper Reviews............             400               1             400  0.50 (30                     200
                                                                                minutes).
Omnibus Surveys...............           2,400               1           2,400  0.17 (10                     408
                                                                                minutes).
                               ---------------------------------------------------------------------------------
    Total (General Public)....          16,304  ..............  ..............  ................           2,644
----------------------------------------------------------------------------------------------------------------
Physician Focus Group                      144               1             144  1.5 hours.......             216
 Interviews.
                               ---------------------------------------------------------------------------------
    Total (Physician).........             144  ..............  ..............  ................             216
                               ---------------------------------------------------------------------------------
        Total (Overall).......          16,448  ..............  ..............  ................           2,860
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Brief interviews with callers to test message concepts and strategies following their call-in request to the
  FDA Center for Tobacco Products 1-800 number.

    The number of respondents to be included in each new pretest will
vary, depending on the nature of the material or message being tested
and the target audience. However, for illustrative purposes, table 1
provides examples of the types of studies that may be administered and
estimated burden levels that may be incurred during each year of the 3-
year period. Time to read, view, or listen to the message being tested
is built into the ``Hours per Response'' figures.

    Dated: January 17, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-01445 Filed 1-24-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42135-42136]
[FR Doc No: 2022-15096]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R03-UST-2021-0862; FRL-9625-01-R3]

Delaware: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Solid Waste Disposal Act of 1965, as amended
(commonly known as the Resource Conservation and Recovery Act (RCRA)),
the Environmental Protection Agency (EPA) is proposing to approve
revisions to Delaware's Underground Storage Tank (UST) program
submitted by Delaware (State). This action is based on EPA's
determination that these revisions satisfy all requirements needed for
program approval. This action also proposes to codify EPA's approval of
Delaware's state program and to incorporate by reference (IBR) those
provisions of Delaware's regulations and statutes that we have
determined meet the requirements for approval. The provisions will be
subject to EPA's inspection and enforcement authorities under sections
9005 and

9006 of RCRA Subtitle I and other applicable statutory and regulatory
provisions. In the ``Rules and Regulations'' section of this issue of
the Federal Register, EPA is approving this action by a direct final
rule. If no significant negative comment is received, EPA will not take
further action on this proposed rulemaking, and the direct final rule
will be effective 60 days from the date of publication in this Federal
Register. If you want to comment on EPA's proposed approval of
Delaware's revisions to its state UST program, you must do so at this
time.

DATES: Send written comments by August 15, 2022.

ADDRESSES: Submit any comments, identified by EPA-R03-UST-2021-0862, by
one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2021-0862. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://www.regulations.gov including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The federal website https://www.regulations.gov, is an ``anonymous access'' system, which means EPA
will not know your identity or contact information unless you provide
it in the body of your comment. If you send an email comment directly
to EPA without going through https://www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment. If EPA cannot read your comment due to technical difficulties,
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. EPA encourages electronic submittals, but if you are unable to
submit electronically, please reach out to the EPA contact person
listed in the document for assistance. If you need assistance in a
language other than English, or you are a person with disabilities who
needs a reasonable accommodation at no cost to you, please reach out to
the EPA contact person by email or phone.

FOR FURTHER INFORMATION CONTACT: Diashinae Cato,<PHONE_NUMBER>,
[email protected], RCRA Programs Branch; Land, Chemicals, and
Redevelopment Division; EPA Region 3, Four Penn Center, 1600 John F.
Kennedy Blvd. (Mailcode 3LD30), Philadelphia, PA 19103-2852.

SUPPLEMENTARY INFORMATION: EPA has explained the reasons for this
action in the preamble to the direct final rule. For additional
information, see the direct final rule published in the ``Rules and
Regulations'' section of this issue of the Federal Register.

    Authority: This proposed rule is issued under the authority of
section 9004 of the Solid Waste Disposal Act of 1965, as amended, 42
U.S.C. 6991c.

Adam Ortiz,
Regional Administrator, EPA Region 3.
[FR Doc. 2022-15096 Filed 7-13-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Page 52521]
[FR Doc No: 2013-20605]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13994-002]

Public Utility District No. 1 of Snohomish County; Notice of
Application Tendered For Filing With the Commission and Soliciting
Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Unconstructed Major Project.
    b. Project No.: 13994-002.
    c. Date filed: August 1, 2013.
    d. Applicant: Public Utility District No. 1 of Snohomish County.
    e. Name of Project: Hancock Creek Hydroelectric Project.
    f. Location: On the Hancock Creek, near the Town of North Bend,
King County, Washington. The proposed project would not occupy any
federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Kim D. Moore, P.E., Assistant General Manager
of Generation, Water and Corporate Services; Public Utility District
No. 1 of Snohomish County, 2320 California Street, P.O. Box 1107,
Everett, WA 98206-1107;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Kelly Wolcott;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: September 30, 2013.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC. 20426. The first page of any filing should include
docket number P-13994-002.
    m. The application is not ready for environmental analysis at this
time.
    n. The Hancock Creek Hydroelectric Project will consist of the
following new facilities: (1) An approximately 100-foot-long, 12-foot-
high diversion with a 45-foot-long, 6-foot-high spillway; (2) a 0.85-
acre-foot impoundment; (3) a 200-square-foot fish screen with 0.125-
inch-wide openings; (4) a 1.48-mile-long, 40-inch-diameter penstock;
(5) a powerhouse containing a single 6-megawatt two-jet horizontal-
shaft Pelton turbine generator; (6) a 12-foot-wide, approximately 100-
foot-long rip-rap-lined tailrace channel discharging into Hancock
Creek; (7) 1,200 feet of access roads in addition to existing logging
roads; (8) a 0.3-mile-long, 34.5-kilovolt (kV) buried transmission line
connecting to the existing Black Creek Hydroelectric Project (P-6221)
switching vault; and (9) appurtenant facilities. The project is
estimated to provide 21.9 gigawatt-hours annually. No federal lands are
included in the project.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the
Washington State Historic Preservation Officer (SHPO), as required by
section 106 of the National Historic Preservation Act and the
regulations of the Advisory Council on Historic Preservation, 36 CFR
800.4.
    q. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate.

Issue Acceptance or Deficiency Letter (if needed)--October 2013
Request for Additional Information--October 2013
Issue Notice and Letter of Acceptance--December 2013
Issue Scoping Document 1 for comments--January 2014
Comments on Scoping Document 1--March 2014
Issue Scoping Document 2--April 2014
Issue notice of ready for environmental analysis--April 2014
Commission issues draft EA--October 2014
Comments on draft EA--November 2014
Commission issues final EA--January 2015

    Dated: August 16, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-20605 Filed 8-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1772-1774]
[FR Doc No: 2016-32036]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79713; File No. SR-NYSEARCA-2016-166]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.35(d)(4)

December 30, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 16, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Equities Rule 7.35(d)(4)
to provide that the Exchange would not report an Official Closing
Price, as defined under NYSE Arca Equities Rule 1.1(gg)(1), if there
were no consolidated last-sale eligible trades on a trading day. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 7.35(d)(4)
to provide that the Exchange would not report an Official Closing
Price, as defined under NYSE Arca Equities Rule 1.1(gg)(1), if there
were no consolidated last-sale eligible trades on a trading day. This
proposed rule change would not change how the Official Closing Price
would be determined and disseminated if the Exchange is unable to
conduct a closing transaction in one or more securities due to a
systems or technical issue, as described in NYSE Arca Equities Rules
1.1(gg)(2)-(4).
    The Exchange reports an Official Closing Price to the securities
information processor (``SIP'') as an ``M'' sale condition.\4\ As set
forth in the SIP Specifications, a price reported to the SIP by an
exchange under the ``M'' sale condition, which is called the ``Market
Center Official Close,'' is not used for purposes of determining a
consolidated last sale price or the high or low price of a security and
does not include any volume information. Each exchange determines what
price could be reported to the SIP as its ``Market Center Official
Close.'' As provided for in Rule 7.35(d)(4), the Exchange publishes an
Official Closing Price for all securities that trade on the NYSE Arca
Marketplace. The term ``Official Closing Price'' is defined in Rule
1.1(gg).
---------------------------------------------------------------------------

    \4\ For a description of all sale conditions that are reportable
to the SIP, including the ``M'' and ``6'' sale conditions, see the
Consolidated Tape System Participant Communications Interface
Specification, dated September 15, 2016, at 87, available here:
https://www.ctaplan.com/publicdocs/ctaplan/notifications/trader-update/cts_input_spec.pdf, and the UTP Plan Trade Data Feed Direct
Subscriber Interface Specification, dated November 2015, at 7-3,
available here: http://www.utpplan.com/DOC/utdfspecification.pdf
(together, ``SIP Specifications''). A trade reported to the SIP as a
Market Center Closing Trade with a ``6'' sale condition includes
volume information, is included in the consolidated last sale, and
is included in the high or low price of a security. The Exchange
reports to the SIP closing auction trades of a round lot or more
with a ``6'' sale condition.
---------------------------------------------------------------------------

    The Exchange is proposing to amend NYSE Arca Equities Rule
7.35(d)(4) to provide that an Official Closing Price, as defined in
NYSE Arca Equities Rule 1.1(gg)(1), would not be reported for a
security if there were no consolidated last-sale eligible trades in
such security on a trading day.\5\ The Exchange does not believe that
it should publish an Official Closing Price to the SIP as an ``M''
value if there has not been a consolidated last-sale eligible trade in
a security on a trading day. For example, based on feedback from
industry participants, the Exchange understands that certain market
participants, such as index providers and mutual funds, follow a
different method of determining a security's closing price when there
have not been any last-sale eligible trades on a trading day. Under
these circumstances, the Exchange understands that an Official Closing
Price reported to the SIP as an ``M'' sale condition that differs from
how an industry market participant may determine such value for its own
purposes could lead to confusion if a market participant's systems read
the ``M'' value published by the SIP that differs from their
calculation.
---------------------------------------------------------------------------

    \5\ The Exchange also proposes to amend NYSE Arca Equities Rule
7.35(d)(4) to provide that the Exchange would ``report'' an Official
Closing Price, rather than ``publish'' an ``Official Closing
Price,'' because the SIP, and not the Exchange, publishes the
Official Closing Price.
---------------------------------------------------------------------------

    Accordingly, this proposed rule change is intended to amend NYSE
Arca Equities Rule 7.35(d)(4) to provide that the Exchange would not
report an Official Closing Price, as defined in Rule 1.1(gg)(1), in a
security as an ``M'' sale condition to the SIP if there were no
consolidated last-sale eligible trades in such security on a trading
day. And, as noted above, this proposed rule change would not alter how
the Official Closing Price would be disseminated under NYSE Arca
Equities Rules 1.1(gg)(2)-(4).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\7\ 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, and to remove impediments to
and perfect the mechanism of a free and open market and a national
market system.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide transparency of when
the Exchange's would not report a price to the SIP as an ``M'' sale
condition. The Exchange believes that the proposed rule change is
consistent with the Act because the ``M'' sale condition does not
contribute to the consolidated last sale price for a security, the high
or low price of a security, or reported volume for a security, and
therefore is an informational value. The Exchange further believes that
this proposed rule change is consistent with the protection of
investors and the public interest because it would reduce confusion by
eliminating publication to the SIP of a price that may conflict with
how an index provider or mutual fund determines that value for a
security if there are no consolidated last-sale eligible trades on a
trading day. Finally, the Exchange believes that the proposed rule
change would remove impediments to and perfect the mechanism of a free
and open market and a national market system because it would apply
only when the Exchange is fully operational. If the Exchange is unable
to conduct a closing transaction due to a systems or technical issue,
current NYSE Arca Equities Rule 1.1(gg)(2)-(4) would govern, with no
change.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but rather to specify
that the Exchange would not be required to report an Official Closing
Price to the SIP as an ``M'' sale condition if there has not been a
consolidated last-sale eligible trade on a trading day.

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

    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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange believes
that waiving the operative delay would be consistent with the
protection of investors and the public interest because it would make
transparent that the Exchange would not report an ``M'' sale condition
to the SIP for a security if there has not been a last-sale eligible
trade on a trading day. The Exchange further believes that the proposed
rule change is consistent with the protection of investors and the
public interest because it would not change how an Official Closing
Price would be disseminated under NYSE Arca Equities Rules 1.1(gg)(2)-
(4). The Commission believes that the proposed rule change is
consistent with the protection of investors and the public interest
because it clarifies the Exchange's reporting practices while
maintaining its procedures for reporting and disseminating an Official
Closing Price. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
    \12\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2016-166 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2016-166. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and

printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-2016-166, and
should be submitted on or before January 27, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-32036 Filed 1-5-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 11, 2009 (Volume 74, Number 46)]
[Rules and Regulations]
[Page 10484-10486]
[DOCID:fr11mr09-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2008-0155]
RIN 1625-AA01

Anchorage Regulations; Port of New York

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule amends the size of Romer Shoal Anchorage
Ground in Lower New York Bay. This action is necessary to facilitate
safe navigation in the area and to provide safe and secure anchorages
for vessels transiting this area. This change to the anchorage is
intended to increase the safety of life and property within this area
of the Port of New York by providing for greater safety of anchored
vessels and to enhance the safe and efficient flow of commercial
vessels and commerce.

DATES: This rule is effective April 10, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0155 and are available online by going to
http://www.regulations.gov, selecting the

Advanced Docket Search option on the right side of the screen,
inserting USCG-2008-0155 in the Docket ID box, pressing Enter, and then
clicking on the item in the Docket ID column. This material is also
available for inspection or copying at two locations: the Docket
Management Facility (M-30), U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays and the Waterways Management Division, Coast
Guard Sector New York, 212 Coast Guard Drive, room 210, Staten Island,
NY 10305, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LT Edward Munoz, Chief, Waterways Management Division, 718-354-
2353. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 16, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Anchorage Regulations; Port of New York in the Federal
Register (73 FR 40800). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Sandy Hook Pilots Association through the New York/New Jersey
Harbor Safety Committee requested the Coast Guard reduce the size of
federal anchorage ground 27(ii) near Romer Shoal located between
Ambrose and Swash Channels. The eastern boundary of anchorage ground
27(ii) is being moved about 2,860 yards to the west (inshore). The
revised anchorage ground will be bound by the following points: 40
28'27.21''N, 073 56'45.84''W; thence to 40 29'47.70''N, 073
56'46.23''W; thence to 40 31'25.38''N, 074 00'53.50''W; thence to 40
32'11.38''N, 074 01'39.50''W; thence to 40 32'12.38''N, 074
02'05.50''W; thence to 40 31'27.38''N, 074 02'05.50''W; thence to 40
30'13.38''N, 074 00'05.50''W; thence to the point of origin (NAD 83).
These positions are slightly different than those published in the
Notice of Proposed Rulemaking. It was determined after publication of
the proposed rule that the Anchorage Ground coordinates were never
converted from datum NAD 27 to datum NAD 83. The coordinates in this
final rule have been converted to datum NAD 83 to ensure the unchanged
portions of the Anchorage Ground boundary remain the same in the
regulation and on the navigation charts that are also in datum NAD 83.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rulemaking.
The following changes were made to the Final Rule.
    It was determined after publication of the proposed rule that the
Anchorage Ground coordinates were never converted from datum NAD 27 to
datum NAD 83. The coordinates in the final rule have been converted to
datum NAD 83 to ensure the unchanged portions of the Anchorage Ground
boundary remain in the same geographic location and correspond with the
coordinates provided in the regulation and on the navigation charts.
The revised anchorage ground is bound by the following points: 40
28'27.21''N, 073 56'45.84''W; thence to 40 29'47.70''N, 073
56'46.23''W; thence to 40 31'25.38''N, 074 00'53.50''W; thence to 40
32'11.38''N, 074 01'39.50''W; thence to 40 32'12.38''N, 074
02'05.50''W; thence to 40 31'27.38''N, 074 02'05.50''W; thence to 40
30'13.38''N, 074 00'05.50''W; thence to the point of origin (NAD 83).

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The finding is based on the
fact that the anchorage change conforms to the current needs of
commercial vessels and is designed to better accommodate the increased
commercial traffic within the Port of New York and New Jersey while
balancing use of the waterway between commercial and recreational
vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit through the charted Pilot Area to anchor in the eastern end
of anchorage ground 27(ii). This revised anchorage ground would not
have a significant economic impact on a substantial number of small
entities for the following reason: These vessels are still able to
anchor in the northeastern quadrant of the Precautionary Area as they
have been for several years now while awaiting orders, dock space, or
inshore anchorage for conducting lightering, bunkering, crew transfer
or other necessary vessel operations.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(f), of the Instruction, from further
environmental documentation. The rule fits this category as it reduces
the size of an anchorage ground.
    Under figure 2-1, paragraph (34)(f) of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

0
2. Amend Sec.  110.155, by revising paragraph (f)(2)(ii) to read as
follows:

Sec.  110.155  Port of New York.

* * * * *
    (f) * * *
    (2) * * *
    (ii) Romer Shoal. All waters bound by the following points:
40[deg]28'27.21''N, 073[deg]56'45.84''W; thence to 40[deg]29'47.70''N,
073[deg]56'46.23''W; thence to 40[deg]31'25.38''N, 074[deg]00'53.50''W;
thence to 40[deg]32'11.38''N, 074[deg]01'39.50''W; thence to
40[deg]32'12.38''N, 074[deg]02'05.50''W; thence to 40[deg]31'27.38''N,
074[deg]02'05.50''W; thence to 40[deg]30'13.38''N, 074[deg]00'05.50''W;
thence to the point of origin (NAD 83).
* * * * *

    Dated: February 23, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-5095 Filed 3-10-09; 8:45 am]

BILLING CODE 4910-15-P