[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43669-43671]
[FR Doc No: 2018-18463]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2570-032]

AEP Generation Resources, Inc.; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), Commencement of
Pre-Filing Process, and Scoping; Request for Comments on the Pad and
Scoping Document, and Identification of Issues and Associated Study
Requests

    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Pre-filing Process.
    b. Project No.: 2570-032.
    c. Dated Filed: July 2, 2018.
    d. Submitted by: AEP Generation Resources, Inc.
    e. Name of Project: Racine Hydroelectric Project.
    f. Location: The Racine Project is located at the U.S. Army Corps
of Engineers' (Corps) Racine Locks and Dam on the Ohio River near the
Town of Racine in Meigs County, Ohio. The project occupies 23 acres of
federal land administered by the Corps.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Jonathan Magalski, Environmental
Specialist Consultant, c/o Indiana Michigan Power Company, 1 Riverside
Plaza, Columbus, OH 43215;<PHONE_NUMBER> or [email protected].
    i. FERC Contact: Jay Summers at<PHONE_NUMBER> or email at
[email protected].
    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 paragraph o 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. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402 and (b) the State Historic
Preservation Officer, as required by section 106, National Historic
Preservation Act, and the implementing

regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating AEP Generation Resources,
Inc. as the Commission's non-federal representative for carrying out
informal consultation, pursuant to section 7 of the Endangered Species
Act and section 106 of the National Historic Preservation Act.
    m. AEP Generation Resources, Inc. filed with the Commission a Pre-
Application Document (PAD; including a proposed process plan and
schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(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 at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file
all documents 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]. 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-2570-032.
    All filings with the Commission must bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by October 30, 2018.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, the meetings listed
below will satisfy the NEPA scoping requirements, irrespective of
whether an EA or EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the times and places noted below. The daytime meeting
will focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting--Pomeroy, Ohio

    Date and Time: Tuesday, September 26, 2018 at 6:30 p.m.
    Location: Farmers Bank and Savings Company, 640 E Main St.,
Pomeroy, OH 45769,<PHONE_NUMBER>.

Daytime Scoping Meeting--Pomeroy, Ohio

    Date and Time: Wednesday, September 27, 2018 at 9:00 a.m.
    Location: Farmers Bank and Savings Company, 640 E Main St.,
Pomeroy, OH 45769,<PHONE_NUMBER>.
    SD1, which outlines the subject areas to be addressed in the
environmental document, was mailed to the individuals and entities on
the Commission's mailing list. Copies of SD1 will be available at the
scoping meetings, or may be viewed on the web at http://www.ferc.gov,
using the ``eLibrary'' link. Follow the directions for accessing
information in paragraph n. Based on all oral and written comments, a
Scoping Document 2 (SD2) may be issued. SD2 may include a revised
process plan and schedule, as well as a list of issues, identified
through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Tuesday, September 26,
2018, starting at 2:00 p.m. All participants should meet at the Racine
Hydroelectric Project's public fishing/picnic access parking lot, which
is located on the Ohio River Scenic Byway, State Route 124,
approximately 3 miles south of Racine, Ohio. If you plan to attend the
environmental site review, please email Jonathan Magalski of AEP
Generation Resources at [email protected] (preferred contact) or (614)
716-2240 by September 21, 2018, and indicate how many participants will
be attending with you. AEP Generation Resources' safety policies
require that all environmental site review participants wear sturdy
footwear; no open toe, sandals, high heels, etc.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in paragraph n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: August 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18463 Filed 8-24-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 27, 2010 (Volume 75, Number 102)]
[Rules and Regulations]
[Page 29656-29657]
[DOCID:fr27my10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1179; Airspace Docket No. 09-ASW-35]

Amendment of Class E Airspace; Magnolia, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Magnolia, AR.
Decommissioning of the Magnolia non-directional beacon (NDB) at
Magnolia Municipal Airport, Magnolia, AR has made this action necessary
to enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport.

DATES: Effective date 0901 UTC, July 29, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On February 5, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Magnolia,
AR, reconfiguring controlled airspace at Magnolia Municipal Airport (75
FR 5904) Docket No. FAA-2009-1179. The Magnolia NDB is being
decommissioned and approach procedures relating to it cancelled.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9T signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR Part 71.1. The Class E airspace designations listed in this
document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace for the Magnolia, AR area.
Decommissioning of the Magnolia NDB and cancellation of the NDB
approach at Magnolia Municipal Airport has made this action necessary
for the safety and management of IFR operations at the airport.
    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.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106, describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it amends
controlled airspace at Magnolia Municipal Airport, Magnolia, AR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ASW AR E5 Magnolia, AR [Amended]

Magnolia Municipal Airport, AR
    (Lat. 33[deg]13'39'' N., long. 93[deg]13'01'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Magnolia Municipal Airport.

    Issued in Fort Worth, Texas, on May 7, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-12361 Filed 5-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Page 60664]
[FR Doc No: 2015-25515]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER10-1946-011; ER11-3861-011; ER10-3310-009; ER10-
3286-009; ER10-3299-008; ER13-1485-005; ER10-3253-005; ER14-1777-004;
ER10-3237-005; ER10-3240-005; ER10-3230-005; ER10-3231-004; ER15-2722-
001; ER10-3232-003; ER10-3233-004; ER10-3239-005; ER14-2871-006; ER10-
3243-008; ER10-3244-008; ER10-3245-007; ER10-3249-007; ER10-3250-007;
ER10-3251-006; ER14-2382-006; ER15-621-005; ER11-2639-007; ER15-622-
005; ER15-463-005; ER15-110-005; ER13-1586-007; ER10-1992-013.
    Applicants: Broad River Energy LLC, Empire Generating Co, LLC, New
Harquahala Generating Company, LLC, Millennium Power Partners, L.P.,
New Athens Generating Company, LLC, Wheelabrator Baltimore, L.P.,
Wheelabrator Bridgeport, L.P., Wheelabrator Falls Inc., Wheelabrator
Frackville Energy Company Inc., Wheelabrator North Andover Inc.,
Wheelabrator Portsmouth Inc., Wheelabrator Ridge Energy Inc.,
Wheelabrator Saugus Inc., Wheelabrator Shasta Energy Company Inc.,
Wheelabrator South Broward Inc., Wheelabrator Westchester, L.P.,
Cameron Ridge, LLC, Chandler Wind Partners, LLC, Coso Geothermal Power
Holdings, LLC, Foote Creek II, LLC, Foote Creek III, LLC, Foote Creek
IV, LLC, Oak Creek Wind Power, LLC, ON Wind Energy LLC, Pacific Crest
Power, LLC, Ridge Crest Wind Partners, LLC, Ridgetop Energy, LLC, San
Gorgonio Westwinds II, LLC, Terra-Gen Energy Services, LLC, TGP Energy
Management, LLC, Victory Garden Phase IV, LLC.
    Description: Notice of Change in Status of the ECP MBR Sellers.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5337.
    Comments Due: 5 p.m. ET 10/22/15.

    Docket Numbers: ER13-1860-001.
    Applicants: Nevada Power Company.
    Description: Compliance filing: Service Agreement No. 15-00049/50/
51/52 NPC-Cargill Offer/Settlement to be effective 12/15/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5338.
    Comments Due: 5 p.m. ET 10/22/15.

    Docket Numbers: ER16-10-000.
    Applicants: NRG Chalk Point CT LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 11/30/2015.
    Filed Date: 10/1/15.
    Accession Number: 20151001-5335.
    Comments Due: 5 p.m. ET 10/22/15.

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

    Dated: October 1, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-25515 Filed 10-6-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 15, 2010 (Volume 75, Number 10)]
[Notices]
[Page 2582]
[DOCID:fr15ja10-98]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Proposed Modification of the Atlanta, GA, Class B Airspace Area;
Public Meetings

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meetings; correction.

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SUMMARY: This action corrects an error in the notice of meetings
published in the Federal Register on Friday, December 4, 2009,
concerning a proposal to revise Class B airspace at Atlanta, GA, (74 FR
63818). In that notice, the address and phone number for the meeting
scheduled for Thursday, February 25, 2010 in Covington, GA, was
incorrect. The meeting information for the other three meetings is
correct as originally published.

FOR FURTHER INFORMATION CONTACT: Mike Richardson, Support Manager,
Atlanta TRACON, 784 South Highway 74, Peachtree City, GA; telephone:
678-364-6306.

SUPPLEMENTARY INFORMATION:

History

    On Friday, December 4, 2009, a notice of meetings was published in
the Federal Register concerning a proposal to revise Class B airspace
at Atlanta, GA, (74 FR 63818). The address and phone number for the
meeting scheduled for Thursday, February 25, 2010, in Covington, GA was
incorrect. This action corrects that error.
    For information regarding submittal of comments, meeting
procedures, and agenda, please reference the notice of meetings
published on Friday, December 4, 2009.

Correction to Notice

    Accordingly, the address and phone number for the informal airspace
meeting scheduled for February 25, 2010, in Covington, GA, as published
in the Federal Register on Friday, December 4, 2009 (74 FR 63818), FR
Doc. E9-28900 on page 63818, second column, is corrected as follows:
* * * * *
    The meeting on Thursday, February 25, 2010, will be held at the
City of Covington City Hall, 2194 Emory Street NW., Covington, GA 30014
[Call<PHONE_NUMBER> for directions].
* * * * *

    Issued in Washington, DC, on January 8, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-724 Filed 1-14-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50845-50846]
[DOCID:fr28au08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58408; File No. SR-BSE-2008-42]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by the Boston Stock Exchange, Inc. Relating to the Appointment
of Market Makers on the Boston Options Exchange Facility

August 22, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 19, 2008, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend section 5 (Obligations of Market
Makers) of Chapter VI of the Rules of the Boston Options Exchange
Group, LLC (``BOX'').

The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.bostonstock.com, from the principal
office of the Exchange and from the Commission.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to remove certain
language from section 5(a)(viii) of Chapter VI of the BOX Rules to
eliminate any potential for confusion between this and section 4(f) of
Chapter VI of the BOX Rules.
    Currently, section 4(f) of Chapter VI states that ``Market Makers
may withdraw from trading an options class that is within their
appointment by providing the BOX with three business days' written
notice of such withdrawal.'' However, Section 5(a)(viii) states that
``[o]rdinarily, Market Makers are expected to * * * [m]aintain active
markets in all classes in which the Market Maker is appointed for a
period of at least six months.'' To address this potential ambiguity,
the Exchange seeks to remove the language ``for a period of at least
six months'' from section 5(a)(viii). As a result, a Market Maker
seeking to withdraw from a particular appointment will be required to
provide BOX with at least three business days written notice of such
withdrawal, as stated in section 4(f), regardless of how long the
Market Maker has held such appointment.
    In addition, the proposed rule change will result in certain
changes to the formatting and text of Supplementary Material to Chapter
VI, Section 5(c)(ii) of the BOX Rules. The rule change is non-
substantive, and it will result in a closer universal format throughout
the BOX Rules.
2. Basis
    The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Act,\3\ in general, and section
6(b)(5) of the Act,\4\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The proposed rule change will create
greater clarity within the BOX Rules concerning Market Maker
appointments in specific options classes and requests to withdraw from
such appointments.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (a) By order approve such proposed rule change, or
    (b) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BSE-2008-42 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-BSE-2008-42. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-BSE-
2008-42 and should be submitted on or before September 18, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-19945 Filed 8-27-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35348-35349]
[FR Doc No: 2011-15030]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-64649]

Delegation of Authority to the Director of Its Division of
Enforcement

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
amending its rules to delegate authority to the Director of the
Division of Enforcement (``Division'') to issue witness immunity orders
to compel individuals to give testimony or provide other information.
This delegation is intended to conserve Commission resources, enhance
the Division's ability to detect violations of the Federal securities
laws, increase the effectiveness and efficiency of the Division's
investigations, and improve the success of the Commission's enforcement
actions.

DATES: Effective Date: June 17, 2011.

FOR FURTHER INFORMATION CONTACT: Samuel Waldon, Assistant Chief
Counsel,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Commission is amending its rules
governing delegations of authority to the Director of the Division of
Enforcement. The amendment to Rule 30-4(a)(14) (17 CFR 200.30-4(a)(14))
authorizes the Division Director to issue orders to compel individuals
to give testimony or provide other information pursuant to 18 U.S.C.
6002-6004. This delegation follows on the Commission's prior
delegation, effective January 19, 2010, of the authority to submit
witness immunity requests to the Department of Justice, in connection
with judicial proceedings, to compel testimony or the production of
other information by witnesses who have provided or have the potential
to provide substantial assistance in the Commission's investigations
and related enforcement actions. See 75 FR 3122 (January 19, 2010).
This delegation is intended to further conserve Commission resources,
enhance the Division's ability to detect violations of the Federal
securities laws, increase the effectiveness and efficiency of the
Division's investigations, and improve the success of the Commission's
enforcement actions. Notwithstanding anything in the foregoing, in any
case in which the Director believes it appropriate, the Director may
submit the matter to the Commission. The Commission is adopting this
amendment for a period of 18 months, and, at the end of that period,
will evaluate whether to extend the delegation to issue immunity
orders.
    The Commission finds, in accordance with the Administrative
Procedure Act (``APA'') (5 U.S.C. 553(b)(3)(A)), that this revision
relates solely to agency organization, procedures, or practices. It is
therefore not subject to the provisions of the APA requiring notice and
opportunity for comment. Accordingly, it is effective June 17, 2011.

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations
(Government agencies).

    For the reasons set out in the preamble, Title 17, Chapter II of
the Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

0
1. The authority citation for Part 200, Subpart A, continues to read in
part as follows:

    Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *

0
2. Section 200.30-4, paragraph (a)(14) is revised to read as follows:

Sec.  200.30-4  Delegation of authority to Director of Division of
Enforcement.

* * * * *
    (a) * * *
    (14) To submit witness immunity requests to the U.S. Attorney
General pursuant to 18 U.S.C. 6002-6004, and, upon approval by the U.S.
Attorney General, to seek or, for the period from June 17, 2011 through
December 19, 2012, to issue orders compelling an individual to give
testimony or provide other information pursuant to subpoenas that may
be necessary to the public interest in connection with investigations
and related enforcement actions pursuant to section 22(b) of the
Securities Act of 1933 (15 U.S.C. 77v(b)), section 21(c) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u(c)), section 42(c) of
the Investment Company Act of 1940 (15 U.S.C. 80a-41(c)) and section
209(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(c)).
* * * * *

    By the Commission.

    Dated: June 13, 2011.

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-15030 Filed 6-16-11; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

					April 4, 2012

MEMORANDUM

SUBJECT:	Risk Assessment of Single Exposures to HFO-1234yf (P-07-0601)

FROM:	Ernest V. Falke, Ph.D.

		Senior Scientist

		Risk Assessment Division (7403M)

		Office of Pollution Prevention and Toxics

THRU:	Oscar Hernandez, Acting Branch Chief

		Science Support Branch

		Risk Assessment Division (7403M)

		Office of Pollution Prevention and Toxics

TO:		Ken Moss

		New Chemicals Notice Management Branch

		Chemical Control Division (7405M)

		Office of Pollution Prevention and Toxics

Contents

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc320607205"  Background:
PAGEREF _Toc320607205 \h  1

  HYPERLINK \l "_Toc320607206"  Discussion and Conclusions:	  PAGEREF
_Toc320607206 \h  2

  HYPERLINK \l "_Toc320607207"  Area Under the Curve Assessment
PAGEREF _Toc320607207 \h  2

  HYPERLINK \l "_Toc320607208"  Concentration Dependent Risk Assessment
 PAGEREF _Toc320607208 \h  3

  HYPERLINK \l "_Toc320607209"  Conclusions	  PAGEREF _Toc320607209 \h
3

  HYPERLINK \l "_Toc320607210"  Hazard Assessment from Single Exposures:
  PAGEREF _Toc320607210 \h  3

  HYPERLINK \l "_Toc320607211"  Exposure Assessment from Single
Exposures in Do-It-Yourself (DIY) Secenarios:	  PAGEREF _Toc320607211 \h
 4

  HYPERLINK \l "_Toc320607212"  Highest TWA	  PAGEREF _Toc320607212 \h
5

  HYPERLINK \l "_Toc320607213"  Highest peak exposures	  PAGEREF
_Toc320607213 \h  6

  HYPERLINK \l "_Toc320607214"  References:	  PAGEREF _Toc320607214 \h
7

  HYPERLINK \l "_Toc320607215"  APPENDECES:	  PAGEREF _Toc320607215 \h
8

  HYPERLINK \l "_Toc320607216"  APPENDIX 1. Review of rabbit one hour
inhalation study.	  PAGEREF _Toc320607216 \h  8

Background:

	One of the use scenarios for HFO-1234yf is from Do-It-Yourself (DIY)
individuals charging their vehicle air conditioning system.  In order to
assess this risk, data on short duration exposures related to this
scenario are required from both toxicology and exposure studies.  The
hazard assessment section below discusses the relevant toxicity studies
and presents a brief description of the exposure study.  The exposure
results are presumed to be accurate for the purpose of this assessment.

Discussion and Conclusions:

	It is important to note that this assessment is valid ONLY FOR SINGLE,
SHORT DURATION EXPOSURE SCENARIOS THAT DO NOT REPEAT OVER A NUMBER OF
DAYS.

	In assessing risk from different exposures one must consider the mode
of action.  Typically the assumption is made that the toxicity is based
upon the total dose delivered during a daily exposure.  This presumes
that the area under the curve (AUC) is the determining factor.  Such
toxicants follow Haber’s Rule where concentration x time = constant
(c*t=k).  In this case a high exposure for a short duration or a low
exposure for a long duration can have the same toxic result as long as
their products are the same.  This mode of action is presumed in the
time weighted approach (TWA) scenario discussed in the Exposure
Assessment section.

	A concentration dependent mode of action depends on exceeding a
specific level in the blood to exhibit toxicity.  One example would be
anesthetic agents.  As long as blood levels are below a threshold
concentration, narcosis will not occur, regardless of duration of
exposure.  Another example would be cardiac sensitization where short
duration exposures to high levels can cause cardiac sensitization within
minutes whereas the same dose averaged over an hour would not result in
a toxic effect.

	Typically the AUC mode of action is assumed when performing risk
assessments.  A concentration dependent mode of action may be utilized
where there are data to that effect.  For HFO-1234yf no toxicity was
seen in the one hour exposure of rabbits to 0, 50,000, and 100,000 ppm
discussed below.  The Human Equivalent Concentration of the 100,000 ppm
exposure in rabbits is 190,000 and will be utilized for this assessment.
 No effect was seen at 100,000 ppm exposure in rabbits.  If higher
exposures were tested, it is unknown whether toxicity would be observed
before hypoxia from low levels of oxygen occurred.  Since no toxicity
was observed, it is not possible to differentiate between a potential
AUC or concentration dependent mode of action so a worst case analysis
will be done for each mode of action.

Area Under the Curve Assessment

The No Observed Adverse Effect Level (NOAEL) HEC of the rabbit study is
190,000 ppm for 60 minutes of exposure.  This equates to an AUC of
11,400,000 ppm-min (190,000 ppm * 60 min).  The exposure in the exposure
scenario (“full, upright can (340 g) released at LS Service Port with
hood half open and condenser fan off” ) with the highest TWA for 30
minutes was 1,789 ppm.  Since Figure 17 showed exposure levels were
about the same from 3 to 60 minutes an exposure of 1,789 ppm will be
assumed for 60 minutes for a worst case scenario.  The cumulative
exposure AUC is 107,340 ppm-min (1,789 ppm * 60 min).  The MOE for the
worst case scenario is 11,400,000 ppm-min/107,340 ppm-min = 106.

For this mode of action and chemical the recommended MOE is 30.
Typically an MOE of 100 is recommended; a factor of ten for potential
differences in species susceptibility and a factor of 10 for differences
between individual human susceptibility.  The factors of ten comprise
uncertainties due to differences in pharmacokinetics and
pharmacodynamics.  Since pharmacokinetic modeling was used to estimate
the HEC, the pharmacokinetic component of the interspecies uncertainty
is known, and the interspecies factor of 10 is reduced to 3.  This
results in a total MOE of 30.

The MOE of 106 is acceptable because it exceeds the recommended MOE of
30. The assessment is inherently conservative because no toxicity was
identified at the highest dose tested; it is unlikely that the user
would remain for an hour in the “Passenger side under the engine”
location after releasing a whole can of refrigerant; and it is unknown
whether higher exposures would have resulted in toxicity being observed
before hypoxia set in.

Concentration Dependent Risk Assessment

For HFO-1234yf there are no identified concentration dependent modes of
action.  HFO-1234yf is in a class of chemicals that sometimes cause
cardiac sensitization.  It is replacing HVC-134a which is a cardiac
sensitizer.  However, HFO-1234yf has been tested at 120,000 ppm and did
not cause cardiac sensitization.  It is considered negative in this
test.  For comparison, the HEC of this concentration is 228,000 ppm.

Conclusions

Toxicity studies of HFO-1234yf in rabbits and dogs did not show signs of
toxicity or cardiac sensitization at HEC exposure concentrations that
are borderline hypoxic in humans.  Using an AUC mode of action the
calculated MOE for worst case exposure scenarios is 106, higher than the
30 recommended.  There are no risk concerns identified for the exposure
scenarios presented in Honeywell, 2012.  The only potential for toxicity
due to short duration (on the order of one hour), single exposures is if
exposure levels reach high enough levels to deplete oxygen.  These
levels were not reached in the Honeywell, 2012 exposure scenarios.  IT
IS IMPORTANT TO NOTE THAT THIS ASSESSMENT ONLY ADDRESSES SHORT DURATION
EXPOSURES THAT ARE NOT REPEATED OVER A PERIOD OF DAYS.

Hazard Assessment from Single Exposures:

	This discussion will focus on the one hour acute toxicity study in
rabbits (Honeywell, 2011) because the rabbit is the most sensitive
species.  The full report on the study is included in Appendix 1.  The
reason to focus on the rabbit is the observation that repeated exposures
can cause cardiac histopathology and death in pregnant rabbits.  In
order to address the toxicity of HFO-1234yf from single short duration
exposures, Honeywell, 2011 exposed pregnant and non-pregnant female
rabbits as well as males to 0, 50,000, and 100,000 ppm for one hour.
Animals were necropsied 14 days post-exposure and histopathology
performed on heart, kidneys, liver and lungs.   No treatment related
differences were noted between control and exposed animals.  The No
Observed Adverse Effect Level (NOAEL) for this study is 100,000 ppm
exposure for 1 hour.  The Human Equivalent Concentration (HEC) of the
NOAEL is the exposure level required to raise blood levels in humans to
those seen in the rabbit at 100,000 ppm. Based on earlier work the HEC
is 190,000 ppm.

	For this class of compounds, cardiac sensitization may be of concern.
HFO-1234yf is not a cardiac sensitizer at the highest dose tested of
120,000 ppm (DuPont, 2010).  HFO-1234yf is replacing HFC-134a.  It is
interesting to note that HFC-134a is a cardiac sensitizer in dogs at
75,000 ppm but not 50,000 ppm (NRC, 2002).  Thus, for single high
exposure scenarios, HFC-134a is a greater risk than HFO-1234yf.

Exposure Assessment from Single Exposures in Do-It-Yourself (DIY)
Secenarios:

	Honeywell, 2012 conducted experiments with HFC-134a to determine
exposure levels in the event a DIY user did not properly connect the
refrigerant can and the entire contents were released in a short period
of time.  This section will discuss the data used for the risk
assessment.  The validity of the study is determined by the exposure
experts.

	For the purpose of this exposure assessment, two of the six test cases
will be considered.  They give either the highest time weighted average
(TWA) for 30 minutes or the highest peak exposures.  Exposure
concentrations were measured at eight locations.  Results below are
given for the highest concentration measured.

	Highest TWA

Test case #6-“full, upright can (340 g) released at LS Service Port
with hood half

open and condenser fan off.”  These test conditions gave the highest
30 minute TWA of 1,789 ppm at the Passenger Side Under Engine location
(see Figure 17 below from the report).  The highest peak concentration
was approximately 15,000 ppm, less than Test Case #4 discussed below.
The peak was reached within approximately one minute, decreased to near
background levels within about 2 minutes and then increased to
approximately 2,000 ppm for about 60 minutes before falling to
background levels.

Highest peak exposures

Test case #4- “full, inverted cans (2 cans, 680 g) released at LS
Service Port with hood open half and condenser fan off.”  In this case
two cans were released within a minute of each other giving two peaks
with maximum concentrations being achieved within approximately 30
seconds of opening the can.  The maximum peaks were approximately 30,000
ppm each.  The exposure levels rapidly decreased to near background
levels after a total duration of 180 seconds at the Driver Side Under
Engine location (see Figure 15 below from the report).  The highest time
weighted average was 1,030 ppm, less than seen with test case #6.

References:

DuPont. 2010. Material Safety Data Sheet. ,23,3,3-Tetrafluoro-1-propene
(Research Sample).   HYPERLINK
"http://msds.dupont.com/msds/pdfs/EN/PEN_09004a2f806513e4.pdf"
http://msds.dupont.com/msds/pdfs/EN/PEN_09004a2f806513e4.pdf

Honeywell. 2011. HFO-1234yf: A 2-phase inhalation screening study and
single exposure study in rabbits via whole-body inhalation exposure
(GLP).

Honeywell. 2012. Refrigerant exposure to service personnel or DIYers due
to leakage of 12 oz charging cans or “small cans”. Experiments
Conducted at Honeywell’s Research Laboratory in Buffalo, NY USA. 14
pp.

NRC. 2002. Acute Exposure Guideline Levels for Selected Airborne
Chemicals. 1,1,1,2-Tetrafluoroethane. (HFC-134a) Acute Exposure
Guideline Levels.

APPENDECES:

APPENDIX 1. Review of rabbit one hour inhalation study.

Reviewer:

Ernest V. Falke

April 18, 2011

Reference/Report:

HFO-1234yf: A 2-PHASE INHALATION SCREENING STUDY AND SINGLE EXPOSURE
STUDY IN RABBITS VIA WHOLE-BODY INHALATION EXPOSURE (GLP)

Study Type:

	One hour inhalation study in pregnant rabbits.

Study Date:

	February 28, 2011

Test Material:

	Name:

		HFO-1234yf (2,3,3,3 – Tetrafluoropropene)

	CAS No:

		754-12-1

	Structure:

Test Material Composition:

	HFO-1234yf was administered as a gas and was 99.99% pure.

Sponsor:

Honeywell

101 Columbia Road

PO Box 2245R

Morristown, New Jersey 07962-1057

Test Lab:

Huntingdon Life Sciences

100 Mettlers Road

East Millstone, New Jersey 08875-2360

Materials Methods/Results

	In earlier developmental toxicity studies in rabbits, lethality of the
dams was observed after multiple exposures.  While deemed unlikely, the
outcome of lethality from a single exposure was not known.  This
experiment was designed to address that question.

	New Zealand White rabbits were exposed to target concentrations of 0;
50,000; and 100,000 ppm for 1 hour and observed for 14 days post
exposure.  Analytical concentrations for male/female were 0/0;
45,000/47,000; and 100,000/102,000 respectively.  Five males and 6
pregnant females were exposed at each dose.  Five non-pregnant females
were exposed at 0 and 100,000 ppm.

	No mortality was observed for any condition of the experiment.  No
differences in body weight over the experiment, gross pathology, and
histopathology (control and high dose) of heart, kidney, liver and lung
were observed.

	Metabolites were analyzed from urine samples taken at 12 hour intervals
after exposure up to 48 hours post-exposure.  Metabolite patterns were
similar in all exposed groups except an unidentified metabolite
approximately twice as much in females (both groups) as males.

	In conclusion, a single exposure of pregnant rabbits to high levels of
HFO-1234yf (100,000 ppm) will not cause lethality, changes in body
weight, or pathology and histopathology of major organs.  The cause of
lethality in dams exposed multiple time in developmental toxicity
studies remains unknown.

Page   PAGE   \* MERGEFORMAT  2  of   NUMPAGES   \* MERGEFORMAT  9

OFFICE OF

CHEMICAL SAFETY AND POLLUTION PREVENTION


 [Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)] [Notices] [Pages 74791-74802] [FR Doc No: 2011-30911]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0005]

Memorandum of Understanding Between the Food and Drug  Administration and the U.S. Department of Agriculture's Agricultural  and Marketing Service, Farm Service Agency, and Food Nutrition Service

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is providing notice of  a memorandum of understanding (MOU) with the U.S. Department of  Agriculture's (USDA) Agricultural and Marketing Service, Farm Service  Agency, and Food Nutrition Service. The purpose of the MOU is to  provide a framework for the parties to communicate and cooperate in the  timely and full exchange of information to optimize controls essential  to minimizing potential for the distribution or use of USDA foods which  may be unsafe. For the purpose of this MOU, the term ``USDA foods''  will mean commodities procured by USDA for use in domestic nutrition  assistance programs.

DATES: The agreement became effective September 29, 2011.

FOR FURTHER INFORMATION CONTACT: Jacqueline Little, Office of  Enforcement, Food and Drug Administration, 12420 Parklawn Dr., Element  Bldg, rm. 4146, Rockville, MD 20857,<PHONE_NUMBER>, Fax: (301) 827- 3680, Email<EMAIL_ADDRESS> SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 20.108(c), which  states that all written agreements and MOUs between FDA and others  shall be published in the Federal Register, the Agency is publishing  notice of this MOU.

    Dated: November 25, 2011. Leslie Kux, Acting Assistant Commissioner for Policy. BILLING CODE 4160-01-P

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[FR Doc. 2011-30911 Filed 11-30-11; 8:45 am] BILLING CODE 4160-01-C


[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Notices]
[Pages 44612-44613]
[FR Doc No: 2019-18272]

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DEPARTMENT OF ENERGY

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    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). 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 (202) 502-
8659.

    Dated: August 19, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-18272 Filed 8-23-19; 8:45 am]
 BILLING CODE 6717-01-P