[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66788-66789]
[FR Doc No: 2015-27700]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-3880; Special Conditions No. 23-271-SC]

Special Conditions: Honda Aircraft Company (Honda) Model HA-420,
HondaJet; Cruise Speed Control System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Honda Aircraft
Company HA-420 airplane. This airplane will have a novel or unusual
design feature(s) associated with the use of a cruise speed control
system. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: These special conditions are effective October 30, 2015 and are
applicable on October 26, 2015.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816)
329-3239; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On October 11, 2006, Honda Aircraft Company applied for a type
certificate for their new Model HA-420. On October 10, 2013, Honda
Aircraft Company requested an extension with an effective application
date of October 1, 2013. This extension changed the type certification
basis to amendment 23-62.
    The HA-420 is a four to five passenger (depending on
configuration), two crew, lightweight business jet with a 43,000-foot
service ceiling and a maximum takeoff weight of 9963 pounds. The
airplane is powered by two GE-Honda Aero Engines (GHAE) HF-120 turbofan
engines.
    The HA-420 airplane will use a cruise speed control system (CSC),
which is part of the automatic flight control system (AFCS), to reduce
pilot workload during cruise flight only. The intended function is
automatic airplane speed control during altitude hold AFCS mode by
adjustment of the engine thrust within a narrow authority band
utilizing the existing engine synchronization control. The CSC system
does not back drive the throttles. The command authority is limited to
values used for engine synchronization and can only be engaged when the
throttle is positioned in a pre-determined range typically used for
cruise power. This significantly reduces the CSC authority such that
failure modes of the system should be minor. The proposed CSC system
functions in a manner similar to an auto-throttle system, but has
significantly less authority when compared to a traditional auto-
throttle system.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Honda Aircraft Company must
show that the HA-420 meets the applicable provisions of part 23, as
amended by amendments 23-1 through 23-62, thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the HA-420 because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the HA-420 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36. In addition, the FAA must issue a
finding of regulatory adequacy pursuant to Sec.  611 of Public Law 92-
574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2). Special conditions are
initially applicable to the model for which they are issued. Should the
type certificate for that model be amended later to include any other
model that incorporates the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec.  21.101.

Novel or Unusual Design Features

    The HA-420 will incorporate the following novel or unusual design
features: Cruise Speed Control system

Discussion

    As defined in the summary section, this airplane makes use of a CSC
system, which is a novel design for this type of airplane. The
applicable airworthiness

regulations do not contain adequate or appropriate safety standards for
this design feature. Mandating additional requirements, developed in
part by adapting relevant portions of 14 CFR 25.1329, Automatic pilot
systems, applicable to auto-throttle systems along with FAA experience
with similar autothrust systems, mitigates the concerns associated with
installation of the proposed CSC system.

Discussion of Comments

    Notice of proposed special conditions No. 23-15-05-SC for the Honda
Aircraft Company model HA-420 airplanes was published in the Federal
Register on September 23, 2015 (80 FR 57312). No comments were
received; therefore, the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the
HA-420. Should Honda Aircraft Company apply at a later date for a
change to the type certificate to include another model on the same
type certificate incorporating the same novel or unusual design
feature, the special conditions would apply to that model as well.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Honda
Aircraft Company model HA-420 airplane is imminent, the FAA finds that
good cause exists to make these special conditions effective upon
issuance.

Conclusion

    This action affects only certain novel or unusual design features
on one model of HA-420 airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 14 CFR 21.16 and
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Honda Aircraft Company HA-420
airplanes.
    1. Cruise Speed Control.
    In addition to the requirements of Sec. Sec.  23.143,
Controllability and Maneuverability--General; 23.1309, Equipment,
systems, and installations; and 23.1329, Automatic pilot system; auto
throttle systems of limited authority that do not back drive the
throttles and for which all failure modes are shown to be no greater
than minor, the following requirements apply:
    (a) Quick disengagement controls for the autothrust functions must
be provided for each pilot. Quick disengagement controls must be
readily accessible to each pilot while operating the thrust control
levers.
    (b) The effects of a failure of the system to disengage the
autothrust functions when manually commanded by the pilot must be
assessed in accordance with the requirements of Sec.  23.1309.
    (c) Engagement or switching of the flight guidance system, a mode,
or a sensor may not cause the autothrust system to effect a transient
response that alters the airplane's flight path any greater than a
minor transient, as defined in paragraph (l)(1) of this section.
    (d) Under normal conditions, the disengagement of any automatic
control function of a flight guidance system may not cause a transient
response of the airplane's flight path any greater than a minor
transient.
    (e) Under rare normal and non-normal conditions, disengagement of
any automatic control function of a flight guidance system may not
result in a transient any greater than a significant transient, as
defined in paragraph (l)(2) of this section.
    (f) The function and direction of motion of each command reference
control (such as CSC) must be plainly indicated on, or adjacent to,
each control, if necessary to prevent inappropriate use or confusion.
    (g) Under any condition of flight appropriate to its use, the
flight guidance system may not produce hazardous loads on the airplane,
nor create hazardous deviations in the flight path. This applies to
both fault-free operation and in the event of a malfunction, and
assumes that the pilot begins corrective action within a reasonable
period of time.
    (h) When the flight guidance system is in use, a means must be
provided to avoid excursions beyond an acceptable margin from the speed
range of the normal flight envelope. If the airplane experiences an
excursion outside this range, a means must be provided to prevent the
flight guidance system from providing guidance or control to an unsafe
speed.
    (i) The flight guidance system functions, controls, indications,
and alerts must be designed to minimize flightcrew errors and confusion
concerning the behavior and operation of the flight guidance system.
Means must be provided to indicate the current mode of operation,
including any armed modes, transitions, and reversions. Selector switch
position is not an acceptable means of indication. The controls and
indications must be grouped and presented in a logical and consistent
manner. The indications must be visible to each pilot under all
expected lighting conditions.
    (j) Following disengagement of the autothrust function, a caution
(visual and, unless there are no misleading or hazardous consequences
associated with its absence, auditory) must be provided to each pilot.
    (k) During autothrust operation, it must be possible for the
flightcrew to move the thrust levers without requiring excessive force.
The autothrust may not create a potential hazard when the flightcrew
applies an override force to the thrust levers.
    (l) For purposes of this section, a transient is a disturbance in
the control or flight path of the airplane that is not consistent with
response to flightcrew inputs or environmental conditions.
    (1) A minor transient would not significantly reduce safety margins
and would involve flightcrew actions that are well within their
capabilities. A minor transient may involve a slight increase in
flightcrew workload or some physical discomfort to passengers or cabin
crew.
    (2) A significant transient may lead to a significant reduction in
safety margins, an increase in flightcrew workload, discomfort to the
flightcrew, or physical distress to the passengers or cabin crew,
possibly including non-fatal injuries. Significant transients do not
require, in order to remain within or recover to the normal flight
envelope, any of the following:
    (i) Exceptional piloting skill, alertness, or strength.
    (ii) Forces applied by the pilot which are greater than those
specified in Sec.  23.143(c).
    (iii) Accelerations or attitudes in the airplane that might result
in further hazard to secured or non-secured occupants.

    Issued in Kansas City, Missouri, on October 26, 2015.
Mel Johnson
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-27700 Filed 10-29-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 10, 2006 (Volume 71, Number 47)]
[Notices]
[Page 12349]
[DOCID:fr10mr06-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EC06-87-000, et al.]

Centennial Power, Inc. et al.; Electric Rate and Corporate
Filings

March 3, 2006.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. Centennial Power, Inc., San Joaquin Cogen, L.L.C.,NAPG San Joaquin
Cogen, L.L.C.

[Docket No. EC06-87-000]

    Take notice that on February 28, 2006 Centennial Power, Inc., NAPG
San Joaquin, L.L.C., and San Joaquin Cogen, L.L.C. filed an Application
Under Section 203 of the Federal Power Act For Authorization To
Transfer Jurisdictional Assets of San Joaquin Cogen, L.L.C.
    Comment Date: 5 p.m. Eastern Time on March 21, 2006.

2. New York Independent System Operator, Inc.

[Docket No. EL06-57-000]

    Take notice that on March 3, 2006, the New York Independent System
Operator, Inc. (NYISO) submitted a filing under section 206 of the
Federal Power Act to extend the effective date of the current Voltage
Support Service rate contained in Rate Schedule 2 of the NYISO's
Services Tariff, pending further studies and work to establish a
permanent Voltage Support Service rate methodology. The NYISO seeks an
effective date of April 5, 2006 for this filing.
    Comment Date: 5 p.m. Eastern Time on March 13, 2006.

3. ATCO Power Canada Ltd.

[Docket No. ER99-3282-006]

    Take notice that on February 17, 2006, ATCO Power Canada Ltd.,
submitted for filing an amendment to its Triennial Filing of Changes in
Status and Market Analysis.
    Comment Date: 5 p.m. Eastern Time on March 6, 2006.

4. ISO New England, Inc., Kleen Energy Systems, LLC, The Connecticut
Light and Power Company

[Docket No. ER06-70-001]

    Take notice that on February 21, 2006, ISO New England Inc and
Northeast Utilities Service Company on behalf of its affiliate, The
Connecticut Light and Power Company, submitted their Standard Large
Generator Interconnection Agreement.
    Comment Date: 5 p.m. Eastern Time on March 14, 2006.

5. Duquesne Keystone, LLC, Duquesne Conemaugh, LLC,Duquesne Power,
L.P., Duquesne Light Company, Monmouth Energy, Inc.

[Docket Nos. ER06-398-000; ER06-399-000; ER04-268-003; ER98-4159-006;
ER99-1293-005]

    Take notice that on December 27, 2005, Duquesne Keystone, LLC and
Duquesne Conemaugh, LLC (collectively, Applicants) hereby submit for
filing an application containing initial market-based rate schedules.
    Comment Date: 5 p.m. Eastern Time on March 13, 2006.

6. TransCanada Corporation, TransCanada Pipelines Limited,701671
Alberta Ltd., TransCanada Energy Ltd., TransCanada Energy Investments
Ltd., TransCanada Energy Management Inc.,Bruce Power Inc., Bruce Power
A Inc., Huron Wind Inc.,TransCanada Wind Ltd./TransCanada Eolien
Ltee,TransCanada AAV Ltd., TransCanada BDS Ltd., TransCanada CAR
Ltd.,TransCanada GM Ltd., TransCanada LM Ltd., TransCanada MS
Ltd.,TransCanada PipeLine USA Ltd., TransCanada OSP Holding Ltd.,TCPL
OSP Ltd., TC Ocean State Corporation, TCPL Power Ltd.,TCPL Ocean State
Ltd.

[Docket No. PH06-6-000]

    Take notice that on February 22, 2006, TransCanada Corporation
filed a Notification of Petition for Exemption from the Requirements of
The Public Utility Holding Company Act of 2005 pursuant to 18 CFR
366.4(b)(1), et al., on behalf of itself and its subsidiaries as
mentioned above.
    Comment Date: 5 p.m. Eastern Time on March 15, 2006.

7. DTE Energy Company

[Docket No. PH06-8-000]

    Take notice that on February 24, 2006, DTE Energy Company filed a
Petition for Waiver of the Commission's Regulations pursuant to
Requirements of The Public Utility Holding Company Act of 2005, 18 CFR
366.4(c)(1) and 366.3(c)(1).
    Comment Date: 5 p.m. Eastern Time on March 17, 2006.

8. Kandiyohi Power Cooperative

[Docket No. PH06-10-000]

    Take notice that on February 27, 2006, Kandiyohi Power Cooperative
filed a FERC-65A Exemption Notification pursuant to The Public Utility
Holding Company Act of 2005, 18 CFR 366.4(b)(1).
    Comment Date: 5 p.m. Eastern Time on March 20, 2006.

Standard Paragraph

    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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-3458 Filed 3-9-06; 8:45 am]

BILLING CODE 6717-01-P


TO:	Docket EPA-HQ-OAR-2011-0147
FROM:	Akachi Imegwu, U.S. EPA, Climate Change Division
DATE:	August 3, 2012
SUBJECT:	2012 Technical Corrections and Amendments Cost Memo

      The 2009 final GHG Reporting Rule was signed by EPA Administrator Lisa Jackson on September 22, 2009 and published in the Federal Register on October 30, 2009 (74 FR 56260). The 2009 final rule, which became effective on December 29, 2009, requires reporting of GHGs from various facilities and suppliers, consistent with the 2008 Consolidated Appropriations Act. After the promulgation of the 2009 main rule, additional notices were published in 2010 finalizing the requirements for subpart TT (75 FR 39736, July 12, 2010), subpart W (75 FR 74458, November 30, 2010), and subpart L (75 FR 74774, December 1, 2010).
      EPA further finalized five technical corrections and clarifying amendments to these and other subparts under the Greenhouse Gas Reporting Program (GHGRP) from 2010 to early 2012 (please see 75 FR 66434, October 28, 2010; 75 FR 79092, December 17, 2010; 76 FR 73866, November 29, 2011; 76 FR 80554, December 23, 2011 and 77 FR 10373, February 22, 2012). The corrections and amendments within those five actions generally did not change the basic requirements of the rule, but were intended to improve clarity and ensure consistency across the calculation, monitoring, and data reporting requirements. Similarly, in this action, the corrections, clarifying and other amendments are intended to provide greater clarity and flexibility to facilities subject to reporting in 2012.
      The four source categories being amended in the 2012 technical corrections rulemaking are the general provisions (subpart A), fluorinated gas production (subpart L), petroleum and natural gas systems (subpart W) and industrial waste landfills (subpart TT).  The amendments to these subparts do not change the respondent burden.  The amendments can be categorized as follows:

   * Revisions to correct equations under Subpart W.
   * Revisions to provide additional flexibility for reporters based on questions raised during implementation.
   * Revisions and harmonizing changes that correct and clarify inconsistencies in monitoring methodologies or reporting requirements.
   * Revisions that clarify terms and definitions based on questions raised during implementation.

See Appendix A for examples of amendments that would fall under each of these categories.
Appendix A: Revisions that Do Not Affect Burden

Corrections, clarifications, and amendments to data reporting requirements:
For subpart A, we are adding a data element in Subpart A that impacts only Subpart I reporters. This additional data element is a harmonizing change that makes the subpart A requirements consistent with the recently finalized February 22, 2012 subpart I amendments (77 FR 10373).  As EPA stated in the preamble to that rule, the amendments made in that action did not impose additional burden on reporters.

For subpart L, we are adding the greenhouse gas emissions be reported in a less detailed manner for two years.  During these two years, reporters would still have to use the same monitoring and calculation methodologies as is in the current rule.  As a result, there is no change in burden from these final amendments.

For subpart W, potential reporters have identified several inconsistencies in and expressed confusion about the reporting requirements in §98.236.  EPA is finalizing corrections and providing clarification based on questions submitted by potential reporters.  EPA, for example, included a clarification  in 40 CFR 98.236(c)(13) to state that the emissions resulting from centrifugal compressors using calculation methodologies in 40 CFR 98.233(o) must be reported in metric tons of CO2e for each gas, instead of the current provision which required reporting in cubic feet per hour, which was incorrect. As a result, there is no change in burden from the amendments to subpart A in this action.

Corrections and clarifications to equations and monitoring methods:
 Based on input from reporters and EPA internal review, EPA has identified several inconsistencies in and confusion about the calculation methodologies in §98.233 in Subpart W.  EPA is finalizing corrections and providing clarification to these equations. A detailed list of corrections to subpart W Equations is available in the Technical Support Document Memo for the Technical Corrections Rule in Docket EPA-HQ-OAR-2011-0147.  The following is a listing of some of the corrections  and clarifications to equations;
      * Desiccant dehydrator  -  removed the divisor of 1,000 in the equation to provide output in cubic feet rather than thousand cubic feet and revised equation W-6 to account for desiccant molecular sieve dehydrators that are opened to the atmosphere less than one time per year.
      * Well completions and workovers with hydraulic fracturing  -  clarified that output from choke measurement calculations in Equations W-11A and W-11B are in actual conditions.
      * Centrifugal compressors and reciprocating compressors  -  clarified that the calculation performed in Equation W-23 and W-27 is for each mode-source combination by removing the summation, which formerly totaled the emissions for all mode-source combination. This change makes the methodology consistent with the reporting requirements in 98.236 (c)(13) and (c)(14).
      * Conversion from actual to standard conditions  -  clarified that paragraph 98.233(t) does not apply if the output from an equation is already in standard units.
These finalized amendments do not change the overall calculation or monitoring requirements for facilities, rather they clarify the existing rule requirements.  Therefore, there is no change in burden from these types of proposed changes.

Increased flexibility for reporters:
EPA has proposed additional flexibility in the monitoring methods for estimating emissions from sources under subparts TT and W.   These proposed amendments are based on questions submitted by potential reporters.

Under subpart TT, we are proposing to clarify how a facility can determine whether they receive only inert wastes, and therefore would not be subject to subpart TT. Specifically, we are proposing to add an additional methodological option to enable facilities to make this assessment.

For subpart W, examples of  amendments that provide additional flexibility are as follows: For gas well liquids unloading we are  allowing facilities to voluntarily take more than the required one sample measurement per sub-basin, well-tubing diameter, and pressure grouping.   Similarly, for gas well completions and workover with hydraulic fracturing, we are allowing facilities to voluntarily take more than the required number of sample measurements per sub-basin and well type.

Because EPA is not changing the number of measurements required, but merely providing the option for reporters to use additional measurements if available, there is no change in the burden.


[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90267-90270]
[FR Doc No: 2016-29968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2016-D-4120]

Fruit Juice and Vegetable Juice as Color Additives in Food; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Fruit Juice
and Vegetable Juice as Color Additives in Food.'' The draft guidance,
when finalized, will help manufacturers determine whether a color
additive derived from a plant material meets the specifications under
certain FDA color additive regulations.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider your comment on the draft
guidance before we begin work on the final version of the guidance,
submit either electronic or written comments on the draft guidance by
February 13, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-4120 for the draft guidance for industry entitled ``Fruit
Juice and Vegetable Juice as Color Additives in Food.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on http://www.regulations.gov. Submit both
copies to the Division of Dockets Management. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Office of Food Additive Safety, Center for Food Safety and Applied
Nutrition (HFS-265), Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740. Send two self-addressed adhesive labels to
assist that office in processing your request. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: With regard to the draft guidance:
Laura A. Dye, Center for Food Safety and Applied Nutrition (HFS-265),
Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740,
240-402-1275. With regard to the proposed collection of information:
Ila Mizrachi, Office of Operations, Food and Drug Administration, Three
White Flint North (3WFN), 10A63, 11601 Landsdown St., North Bethesda,
MD 20852.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a draft guidance for industry
entitled ``Fruit Juice and Vegetable Juice as Color Additives in
Food.'' We are issuing the draft guidance consistent with our good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on this topic. It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.
    When a food substance, including plant material, is deliberately
used as a color, it is a color additive (see 21 CFR 70.3(f)). We have a
statutory obligation to ensure that authorized (or listed) color
additives are suitable and safe for their intended use. FDA has
authorized the use of the color additive ``fruit juice,'' under Sec.
73.250 (21 CFR 73.250), that is prepared either by expressing the juice
from mature varieties of fresh, edible fruits, or by the water infusion
of the dried fruit. Similarly, Sec.  73.260 establishes that the color
additive ``vegetable juice'' is prepared either by expressing the juice
from mature varieties of fresh, edible vegetables or by the water
infusion of the dried vegetable. The underlying premise of Sec. Sec.
73.250 and 73.260 is that the safety of fruit juice and vegetable juice
as color additives for use in food is assured by the fact that the
fruit or vegetable from which the color additive is derived has been
safely consumed as food, such that there would not be safety concerns
in using the juice or water soluble color components from the fruit or
vegetable as a color additive. The fact that plant material can be
eaten does not necessarily mean that juice from such plant material
meets the specifications of these regulations. We also note that, in
addition to the color additive regulations for fruit juice in Sec.
73.250 and vegetable juice in Sec.  73.260, we have authorized color
additives derived from plant materials in separate color additive
regulations, including Sec.  73.169 (grape skin extract) and Sec.
73.500 (saffron).
    The draft guidance, when finalized, is intended to help
manufacturers determine whether a color additive derived from a plant
material meets the specifications for fruit juice under Sec.  73.250 or
vegetable juice under Sec.  73.260. The draft guidance, including our
interpretation of the terms used in Sec. Sec.  73.250 and 73.260, is
limited to these color additive regulations. The draft guidance does
not address the use of fruit- or vegetable-derived color additives that
are authorized under different color additive regulations or that are
the subject of a color additive petition.
    Since we issued the color additive regulations for fruit juice and
vegetable juice, we have received inquiries from industry regarding
whether certain plant materials are covered by these color additive
regulations. The draft guidance provides the criteria that should be
used to determine if a plant material is a mature, fresh, edible fruit
or a mature, fresh, edible vegetable under Sec. Sec.  73.250 and
73.260. The draft guidance also encourages firms to consult us if they
are unsure of the regulatory status of a substance that they propose to
derive from plant materials for use as a color additive for food.
Separately, we have posted on our Web site a summary table of the
informal opinions that we have issued in response to the specific
inquiries we have received regarding the applicability of Sec. Sec.
73.250 and 73.260. The draft guidance document contains the Web site
link to the summary table.

II. Paperwork Reduction Act of 1995

    The draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of

Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501-3520). The collections of information in 21
CFR 71.1 have been approved under OMB control number 0910-0016.
    The draft guidance also refers to new collections of information
found in FDA regulations. Under the PRA, Federal Agencies must obtain
approval from OMB for each collection of information they conduct or
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3)
and 5 CFR 1320.3(c) and includes Agency requests or requirements that
members of the public submit reports, keep records, or provide
information to a third party. Section 3506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day
notice in the Federal Register concerning each proposed collection of
information before submitting the information to OMB for approval. To
comply with this requirement, FDA is publishing notice of the proposed
new collection of information set forth in this document.
    With respect to the following collection of information, we invite
comments on these topics: (1) Whether the proposed collection of
information is necessary for the proper performance of FDA's functions,
including whether the information will have practical utility; (2) the
accuracy of FDA's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

Title: Fruit Juice and Vegetable Juice as Color Additives in Food;
Draft Guidance for Industry--OMB Control Number 0910--NEW

    The draft guidance, when finalized, will help manufacturers
determine whether a color additive derived from a plant material meets
the specifications for fruit juice under Sec.  73.250 or vegetable
juice under Sec.  73.260. Information in the draft guidance regarding
submission of a color additive petition has been previously approved by
OMB in accordance with the PRA under OMB control number 0910-0016.
    The proposed new information collection provides manufacturers the
opportunity to request a meeting with FDA if they are unsure whether a
color additive that is derived from plant material and that is intended
for use in food meets the identity for fruit juice or vegetable juice
in Sec.  73.250 or Sec.  73.260. When manufacturers request a meeting,
the draft guidance suggests that they provide the scientific name,
common name(s), origin, cultivation state, and life-stage of the plant
material from which they wish to derive the color additive, and which
plant structure will be declared the mature, fresh, edible fruit or
vegetable, as well as a complete description of the manufacturing
process for the color additive. Manufacturers also may provide
information to us to verify that the plant material can be consumed for
its taste, aroma, or nutrient properties in its fresh state and to
document the amount and frequency of consumption and the history of
safe consumption. If we determine that a proposed color additive does
not meet the specifications for fruit juice or vegetable juice under
Sec.  73.250 or Sec.  73.260, the manufacturer may submit a color
additive petition, the collection of information for which has been
approved under OMB control number 0910-0016.
    Description of respondents: The respondents to this collection of
information are manufacturers who are trying to determine whether a
color additive derived from a plant material meets the specifications
for fruit juice under Sec.  73.250 or vegetable juice under Sec.
73.260.
    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
----------------------------------------------------------------------------------------------------------------
Color manufacturer's request for               5               1               5               1               5
 meeting and identification of
 fruit juice or vegetable juice
 information....................
Manufacturer's collection of                   5               1               5              24             120
 data supporting the plant
 material as a consumable food,
 amount and frequency of
 consumption, and history of
 safe consumption by humans.....
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             125
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA's estimate of the number of respondents and number of responses
in table 1 is based on the average number of meetings that are expected
to be requested annually by manufacturers over the next 3 years. Based
on past experience, we expect the request for a meeting and the
submission of fruit juice or vegetable juice information can be
completed by a qualified plant taxonomist in less than 1 hour. We also
expect that some manufacturers may want to provide research supporting
the plant material as a consumable food, the amount and frequency of
consumption, and the history of safe consumption of the mature fruit or
vegetable by humans. We estimate that, in these cases, it would take a
qualified toxicologist up to 3 days (24 working hours) to perform a
thorough literature and plant database search. This estimate includes
the time we expect it would take for a submitter to compile the
information for submission to FDA.
    To be conservative, the total number of annual burden hours,
therefore, would be 125 hours, which would include 5 hours to complete
the initial request for a meeting and of the submission of associated
information to FDA, and 120 hours to complete a literature and database
search and to present this information for submission to FDA.
    Before the proposed information collection provisions contained in
the draft guidance become effective, we will publish a notice in the
Federal Register announcing OMB's decision to approve, modify, or
disapprove the information collection provisions. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection

of information unless it displays a currently valid OMB control number.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/FoodGuidances or http://www.regulations.gov. Use the FDA Web site listed in the previous
sentence to find the most current version of the draft guidance.

    Dated: December 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-29968 Filed 12-13-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Rules and Regulations]
[Pages 37740-37742]
[FR Doc No: 2022-13423]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-USCG-0413]
RIN 1625-AA00

Safety Zone; Henderson Harbor, Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 150-yard radius of the Henderson Harbor
Triathlon Swim Event. The safety zone is needed to protect competitors
participating in the swim portion of the triathlon from any vessel
traffic or other potential hazards that could otherwise enter into the
swim area. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 8 a.m. through 11:30 a.m. on July 9,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-0413 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Justin Miller, U.S. Coast Guard Sector Buffalo;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to accommodate the comment period.
Delaying the effective date of this rule would be contrary to the
public interest and the rule's objectives of protecting safety of life
on the navigable waters, including protection of persons competing in
the swim event for this triathlon. It is impracticable to publish an
NPRM because we must establish this safety zone by July 9, 2022. Delay
of the effective date would inhibit the Coast Guard's ability to
protect swim competitiors from vessel traffic and all associated
hazards that could interfere with the swim area.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo
(COTP) determined that potential hazards to competitors, volunteers and
spectators associated with a triathlon swim event occurring on July 9,
2022, will be a safety concern for anyone within a 150-yard radius of
the designated swim area. This rule is needed to protect personnel,
volunteers, and the marine environment in the navigable waters within
the safety

zone while the competition is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 11:30 a.m.
on July 9, 2022. The safety zone will cover all navigable waters within
a 150 yard radius of the center of the designated swim area. The
duration of the zone is intended to protect all personnel in these
navigable waters while the swim event is taking place. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Henderson Harbor for 3.5 hours during
the morning. Additionally, vessels will be able to safely transit to
the local marina and boat ramp within the harbor without impacting the
safety zone. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via the VHF-FM marine channel 16 about the zone, and the rule
will allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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 (adjusted for
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 3.5 hours that will prohibit entry within 150
yards of the designated swim area. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the Record
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, marine safety, navigation (water), reporting and
recordkeeping requirements, security measures, waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
2.

0
2. Add Sec.  165.T09-0413 to read as follows:

Sec.  165.T09-0413  Safety Zone; Henderson Harbor, Henderson Harbor,
NY.

    (a) Location. The following area is a safety zone: All waters of
Henderson Harbor, from surface to bottom, encompassing a 150-yard
radius of position 43[deg]51'05.6'' N 076[deg]12'17.8'' W.
    (b) Regulations. (1) Under the general safety zone regulations in
Subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Buffalo (COTP) or the COTP's designated representative.
    (2) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his behalf.
    (3) To seek permission to enter, contact the COTP or the COTP's
representative by telephone,<PHONE_NUMBER>. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
    (c) Enforcement Period. This section will be enforced from 8 a.m.
through 11:30 a.m. on July 9, 2022.

    Dated: June 16, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-13423 Filed 6-23-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74515-74516]
[DOCID:fr12de06-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2085]

Southern California Edison Company; Notice of Application and
Applicant-Prepared EA Accepted for Filing, Soliciting Motions To
Intervene and Protests, and Soliciting Comments, and Final
Recommendations, Terms and Conditions, and Prescriptions

December 5, 2006.
    Take notice that the following hydroelectric application and
applicant-prepared environmental assessment has been filed with the
Commission and is available for public inspection.
    a. Type of Application: New--Major License.
    b. Project No.: 2085-014.
    c. Date Filed: November 29, 2005.
    d. Applicant: Southern California Edison Company.
    e. Name of Project: Mammoth Pool Hydroelectric Power Project.
    f. Location: On the San Joaquin River, near North Fork, California.
The project affects 2,036 cres of Federal land administered by the
Sierra National Forest.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Russ W. Krieger, Vice President Power
Production, Southern California Edison Company, 300 N. Lone Hill Ave.,
San Dimas, CA 91773. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Jim Fargo at<PHONE_NUMBER>, or e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing motions to intervene and protests, comments,
and final recommendations, terms and conditions, and prescriptions is
60 days from the issuance date of this notice; reply comments are due
105 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor 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.
    Motions to intervene and protests, comments, recommendations, terms
and conditions, and prescriptions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site http://www.ferc.gov under the ``e-Filing''

link.
    k. This application has been accepted for filing.
    l. Description of project: the Project is located in the central
Sierra Nevada, within the San Joaquin River watershed, about 50 miles
northeast of the City of Fresno. The Project is operated as a
reservoir-storage type plant with an installed operating capacity of
190.0 MW and a dependable operating capacity of 187.0 MW. Water for the
Project is taken from the San Joaquin River, Ross Creek, and Rock Creek
and conveyed to the Mammoth Pool Powerhouse through the Mammoth Pool
Tunnel.
    The Project facilities include: the Mammoth Pool Dam forming
Mammoth Pool Reservoir, with a capacity of about 119,940 acre-feet at
an elevation of about 3,330 feet above mean sea level; one power tunnel
about 7.5 miles long, to convey water from Mammoth Pool Reservoir to
Mammoth Pool Powerhouse; two small diversions on Rock Creek and Ross
Creek; and one 230 kV transmission line about 6.7 miles long that
connects the Mammoth Pool Powerhouse to the non-project Big Creek No. 3
Switchyard. Type of Application: New--Major Modified License
    m. 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 at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    n. 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. 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.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS'', ``REPLY COMMENTS'',
``RECOMMENDATIONS'', ``TERMS AND CONDITIONS'', or ``PRESCRIPTIONS'';
(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 protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). 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. 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.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    o. Procedural schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
will be made if the Commission determines it necessary to do so:

------------------------------------------------------------------------
                Milestone                         Tentative date
------------------------------------------------------------------------
Notice of the availability of the draft   June 2007.
 EIS.
Notice of the availability of the final   November 2007.
 EIS.
------------------------------------------------------------------------

Magalie R. Salas,
Secretary.
[FR Doc. E6-21070 Filed 12-11-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21723-21724]
[FR Doc No: 2011-9305]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EG11-61-000.
    Applicants: Paulding Wind Farm II LLC.
    Description: Amended Notice of Self-Certification of EWG Status of
Paulding Wind Farm II LLC.
    Filed Date: 03/02/2011.
    Accession Number: 20110302-5022.
    Comment Date: 5 p.m. Eastern Time on Monday, April 25, 2011.

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

    Docket Numbers: ER11-1981-001.
    Applicants: Alcan Power Marketing, Inc.
    Description: Alcan Power Marketing, Inc. submits tariff filing per
35: Revised Tariff Filing to be effective 4/8/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5064.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-2574-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-04-08 CAISO Tariff Clarifications
Compliance to be effective 2/28/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5121.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3013-001.
    Applicants: Coolidge Power LLC.
    Description: Coolidge Power LLC submits tariff filing per 35.17(b):
Coolidge Power LLC Market Based Rate Schedule 1.1 to be effective 4/29/
2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5095.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3262-001.
    Applicants: Trans Bay Cable LLC.
    Description: Trans Bay Cable LLC submits tariff filing per
35.17(b): Tariff Volume 1, Transmission Owner Tariff to be effective 4/
8/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5119.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3277-001.
    Applicants: Sky River LLC.
    Description: Sky River LLC submits tariff filing per 35.17(b):
Errata to Attachment K of the Sky River OATT to be effective 4/2/2011.
    Filed Date: 04/07/2011.
    Accession Number: 20110407-5137.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 28, 2011.

    Docket Numbers: ER11-3288-001.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits tariff
filing per 35.17(b): Errata to Amendment to Rate Schedule FERC No. 72
Docket No. ER11-3288 to be effective 6/1/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5000.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3325-000.
    Applicants: Whiting Clean Energy, Inc.
    Description: Whiting Clean Energy, Inc. submits tariff filing per
35.13(a)(2)(iii: Corrected Baseline MBR Tariff Filing of Whiting Clean
Energy, Inc. to be effective 4/9/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5181.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3326-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: G931 Amended GIA to be
effective 4/9/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5184.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3327-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: G996 Amended GIA to be
effective 4/9/2011.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5186.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Docket Numbers: ER11-3328-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. Notice of Cancellation of
Original Service Agreement No. 2555.
    Filed Date: 04/08/2011.
    Accession Number: 20110408-5201.
    Comment Date: 5 p.m. Eastern Time on Friday, April 29, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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>.

    Dated: April 11, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9305 Filed 4-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7548-7549]
[FR Doc No: 2016-02877]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Annual Computational Science Symposium; Conference

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public conference.

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

SUMMARY: The Food and Drug Administration, in cosponsorship with the
Pharmaceutical Users Software Exchange (PhUSE) is announcing a public
conference entitled ``The FDA/PhUSE Annual Computational Science
Symposium.'' The purpose of the conference is to help the broader
community align and share experiences to advance computational science.
At the conference, which will bring together FDA, industry, and
academia, FDA will update participants on current initiatives, and
collaborative project groups will address specific challenges in
accessing and reviewing data to support product development. These
project groups will focus on solutions and practical ways to implement
them.

DATES: The meeting will be held on March 13, 2016, from 3 p.m. to 7
p.m., and March 14 to 15, 2016, from 9 a.m. to 5:30 p.m.

ADDRESSES: The meeting will be held at the Silver Spring Civic Building
at Veterans Plaza, One Veterans Pl., Silver Spring, MD 20910, 1-240-
777-5300.

FOR FURTHER INFORMATION CONTACT: Chris Decker, PhUSE FDA Liaison
Director, Pharmaceutical Users Software Exchange (PhUSE), Kent
Innovation Centre, Broadstairs, Kent CT10 2QQ, United Kingdom; 1-609-
514-5105 (US<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Since 2008, the Office of Computational Science (formerly the
Computational Science Center) of FDA's Center for Drug Evaluation and
Research (CDER) has supported CDER's scientific community by offering
innovative solutions that improve the scientific drug review process by
integrating data, tools, services, and training. Since the first
Computational Science Symposium four years ago, FDA has played an
important part in the development and ongoing support of the conference
and the associated PhUSE Computational Science Working Groups. The
PhUSE Collaboration was formed to bring together experts from industry,
FDA and other regulatory agencies, academia, and

technology providers in specific areas to collaborate on computational
science, describe best practices in challenging areas, and propose
methods for addressing knowledge gaps. A description of the project
groups and planned activities can be found at http://www.phuse.eu/css.aspx.

II. Registration and Accommodations

A. Registration

    All registrants (with the exception of a limited number of speakers
and/or organizers who will have a complimentary registration) will pay
a fee for this meeting to help defray the costs of facilities,
materials, and food. Seats are limited, and registration will be on a
first-come, first-served basis.
    To register, please complete the registration form online at
(https://www.phuse.eu/PhUSE-CSS-2016-Registration.aspx. (FDA has
verified the Web site address, but is not responsible for subsequent
changes to the Web site after this document publishes in the Federal
Register). The costs of registration for the different categories of
attendees are as follows:

------------------------------------------------------------------------
                    Attendee category                        Fee  ($)
------------------------------------------------------------------------
Government/nonprofit/academia...........................             300
Industry Organizing Committee & PhUSE Board of Directors             350
 (password required)....................................
Poster presenter (includes the printing of the poster by             375
 PhUSE, password required)..............................
Industry................................................             750
Single-day..............................................             650
Registering after the conference begins.................            1250
------------------------------------------------------------------------

    Government and nonprofit attendees and exhibitors will need an
invitation code to register at the discounted rate. An invitation code
can be obtained by sending an email to<EMAIL_ADDRESS>
B. Accommodations

    Attendees are responsible for their own hotel accommodations.
Attendees making reservations at the DoubleTree by Hilton Silver Spring
Hotel are eligible for a reduced rate of $189 not including applicable
taxes. Those making reservations online should use the following link
to receive the reduced rate: http://doubletree.hilton.com/en/dt/groups/personalized/D/DCASSDT-PHU-20160312/index.jhtml?WT.mc_id=POG.
    If you need special accommodations because of disability, please
contact Chris Decker (see FOR FURTHER INFORMATION CONTACT) at least 14
days in advance.

III. Transcripts

    We expect that transcripts will be available approximately 30 days
after the meeting. A transcript can be obtained either in hard copy or
on CD-ROM, after submission of a Freedom of Information request. Send
written requests to the Division of Freedom of Information (ELEM-1029),
Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857. Send faxed requests to<PHONE_NUMBER>.

    Dated: February 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-02877 Filed 2-11-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Notices]
[Pages 46282-46283]
[FR Doc No: 2011-19467]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1988-079]

Pacific Gas and Electric Company; Notice of Application for
Amendment of License 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: Request for temporary variance of the flow
requirement, pursuant to Article 402 of the Haas-Kings River
Hydroelectric Project.
    b: Project No.: 1988-079.
    c: Date Filed: July 15, 2011.
    d: Applicant: Pacific Gas and Electric Company.
    e: Name of Project: Haas-King River Hydroelectric Project (P-1988).
    f: Location: The Haas-King River Hydroelectric Project is located
on the North Fork Kings River in Fresno County, near Fresno,
California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h: Applicant Contact: Mr. Neil J. Wong, Pacific Gas and Electric
Company, 245 Market Street, San Francisco, California 94105, Tel: (415)
973-2109.
    i. FERC Contact: Alyssa Dorval,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: 15 days from the issuance date of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-1988-079) on
any documents or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor 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.
    k. Description of Request: Pursuant to Article 402 of the project
license, Pacific Gas and Electric Company (PG&E) is required to request
a temporary amendment of flows from FERC if the departure from flows
lasts for more than two weeks. PG&E is planning to repair a damaged 60-
inch low level outlet (LLO) gate at the Balch Project's (FERC No. 175))
Balch Afterbay Dam, which has been stuck in the partially open position
since early January 2011. In order to make the repairs, PG&E will need
to depart from the minimum instream flows at the Dinkey Creek Siphon
and at the Confluence of Dinkey Creek and the North Fork Kings River.
During the repairs, PG&E will need to draw down the forebay and drain
the Kings River Tunnel in a controlled manner. It is estimated that the
period of no release from Dinkey Creek Siphon could last approximately
4 weeks. In addition to the absence of a release from Dinkey Creek
Siphon, the flow requirement below the Balch Afterbay Dam will be met
by diverting flows through a bypass system that will be constructed to
allow the movement of water around the construction area. It is
estimated that the minimum flow requirement of 15 cubic feet per second
(cfs) will be met, and PG&E will attempt to release an additional 5-10
cfs from the bypass into the Kings River.
    l. 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 e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    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. 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.
    Any filings must bear in all capital letters the title
``COMMENTS,'' ``PROTEST,'' or ``MOTION TO INTERVENE,'' as applicable,
and the Project Number of the particular application to which the
filing refers. A copy of any motion to intervene must also be served
upon each representative of the Applicant specified in the particular
application.
    Federal, state, and local agencies are invited to file comments on
the described application. A copy of the application may be obtained by
agencies directly from the applicant. If an agency does not file
comments within the time specified for filing comments, it will be
presumed to have no comments. One copy of an agency's comments must
also be sent to the Applicant's representatives.

    Dated: July 26, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19467 Filed 8-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9776-9778]
[FR Doc No: 2015-03658]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74287; File No. SR-NYSE-2015-07]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Section 402.05 of the NYSE Listed Company Manual To Clarify
That Listed Companies Soliciting Proxy Material Through Brokers or
Other Entities Must Comply With SEC Rule 14a-13

February 18, 2015.
    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 February 3, 2015, New York Stock Exchange LLC (``NYSE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``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 Section 402.05 of the NYSE Listed
Company Manual (the ``Manual''). As amended, the rule will clarify that
listed companies soliciting proxy material through brokers or other
entities must comply with Rule 14a-13 (``SEC Rule 14a-13'') under the
Act. The text of 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 402.05 of the Manual to
clarify that listed companies soliciting proxy material through brokers
or other entities must comply with SEC Rule 14a-13.
    SEC Rule 14a-13 sets forth procedures that must be followed by
listed companies that intend to solicit proxies from holders of shares
entitled to vote at a meeting, where such shares are held of record by
a broker or other entity. Specifically, Rule 14a-13 mandates that,
among other things, listed companies must inquire of the record holder
whether other persons are beneficial owners of the subject shares and,
if so, how many copies of the relevant proxy or other soliciting
materials must be provided to supply such materials to the beneficial
owners. SEC Rule 14a-13 further sets forth the timeline on which
inquiry of the record holder must be made.
    SEC Rule 14a-13 requires listed companies to make the
aforementioned inquiry at least 20 business days prior to the record
date for the relevant shareholder meeting, or (i) if such inquiry is
impracticable 20 business days prior to the record date of a special
meeting, as many days before the record date of such meeting as is
practicable or, (ii) if consents or authorizations are solicited, and
such inquiry is impracticable 20 business days before the earliest date
on which they may be used to effect corporate action, as many days
before that date as is practicable, or (iii) at such later time as the
rules of a national securities exchange on which the class of
securities in question is listed may permit for good cause shown.
    In its current form, Section 402.05 of the Manual is intended to
incorporate the requirements of SEC Rule 14a-13 with respect to the
obligations of a listed company to make inquiry of brokers in advance
of a shareholder meeting. Indeed, Section 402.05 makes specific
reference to the Commission's rule requiring issuers to distribute
broker search cards 20 business days in advance of a record date.
However, Section 402.05 of the Manual in its current form also
separately states that a listed company's inquiry of brokers must be
made not less than 10 days in advance of a record date. The Exchange
imposed this absolute 10 day minimum in recognition of the fact that
the provisions of SEC Rule 14a-13 allow, in certain limited
circumstances, for a listed company to inquire of brokers less than 20
days in advance of a record date for a special meeting (but not for an
annual shareholders' meeting). While providing for limited exceptions
to the 20-day advance inquiry requirement, SEC Rule 14a-13 does not
explicitly establish an absolute minimum number of days that the
inquiry must be made in advance of the record date.
    Based on conversations with market participants and the SEC staff,
the Exchange has become concerned that Section 402.05 of the Manual, as
currently drafted, may lead to confusion with respect to what is
required of listed companies making inquiry of brokers in advance of a
shareholder meeting. First, despite making specific reference to the
Commission's 20-day advance inquiry rule (i.e., SEC Rule 14a-13), the
Exchange believes Section 402.05 could be read as requiring only a 10-
day advance inquiry. Second, the Exchange understands that while Rule
14a-13(a)(3)(i) and (ii) codifies two exceptions to the 20-day advance
inquiry requirement, any company seeking to rely on these exceptions in
the limited, if any, circumstances in which the SEC would not object is
not prohibited from conducting its inquiry less than 10 days in advance
of the record date. Third, the Exchange has not adopted a rule, as
contemplated by Rule 14a-13(a)(3)(iii), that permits issuers to show
``good cause'' for why they cannot comply with Rule 14a-13's advance
inquiry requirement. Accordingly, the Exchange believes that the 10-day
period presently described in Section 402.05 is in conflict with the
requirements of Rule 14a-13. Therefore, the Exchange proposes to revise
Section 402.05 of the Manual to clarify that listed companies
soliciting proxy material through brokers or other entities must comply
with the provisions of SEC Rule 14a-13 and that the Exchange does not
impose any additional requirements with respect to the relevant inquiry
of brokers. Further, the Exchange proposes to delete the requirement in
Section 402.05 of the Manual that listed companies immediately advise
the Exchange if it becomes impossible for them to make an inquiry of
brokers at least ten days before a record date. Given that listed
companies are required to comply with SEC Rule 14a-13 and the Exchange
has no authority to waive compliance with such rule, the Exchange
believes that such notice requirement is unnecessary.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\5\ in particular in that it
is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
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 Exchange believes that the proposed amendment is consistent with
the investor protection objectives of Section 6(b)(5) because it
eliminates potential confusion between the requirements of SEC Rule
14a-13 and Exchange rules and clarifies that SEC Rule 14a-13 is the
ultimate authority with respect to requirements related to inquiry of
brokers in advance of a shareholder meeting.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 purpose of the Act. The proposed

rule change does not significantly affect competition, but rather
simply seeks to align the Exchange rule with SEC Rule 14a-13 with
respect to requirements related to inquiry of brokers in advance of a
shareholder meeting.

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 \6\ and Rule 19b-4(f)(6) thereunder.\7\
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, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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) of the Act \10\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 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-NYSE-2015-07 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-NYSE-2015-07. 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-NYSE-2015-07 and should be
submitted on or before March 17, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-03658 Filed 2-23-15; 8:45 am]
BILLING CODE 8011-01-P


 From:
Cleophas Jackson/AA/USEPA/US
 To:
Byron Bunker/AA/USEPA/US@EPA
 Date:
07/05/2011 02:55 PM
 Subject:
Fw: Six Degree Yaw Information

Cleophas Jackson
U.S. EPA - OTAQ
Assistant Division Director
Compliance and Innovative Strategies Division
2000 Traverwood Drive
Ann Arbor, MI 48105
(734) 214-4824
(734) 214-4051 FAX
----- Forwarded by Cleophas Jackson/AA/USEPA/US on 07/05/2011 02:55 PM -----

 From:
"Rick Mihelic"<EMAIL_ADDRESS> To:
Arvon Mitcham/AA/USEPA/US@EPA
 Cc:
Cleophas Jackson/AA/USEPA/US@EPA
 Date:
07/05/2011 02:30 PM
 Subject:
Six Degree Yaw Information

During our meeting 6/30, I committed to provide you with data on yaw averaging methodology in support of EMA's position that using a simple average of Cd's for +/- 6 degree yaw cases was sufficient to evaluate whether a modified vehicle was performing sufficiently better in yaw than the zero degree yaw case would indicate.

The EPA requirement reviewed last week that yaw averaging would need to include data from -12 degrees to 12 degrees in 3 degree increments is extremely costly with respect to CFD analyses.  This request would drive each vehicle to need nine discrete CFD analyses to comply with the requirement, when three would suffice in EMA's recommendation (-6, 0 and +6).     Analysis run costs would be three times greater for conducting this volume of analyses for very limited improvement in data quality.     While the labor need to prepare cases and review results would increase as well although some of this might be automated.

In terms of physical testing, I believe this +/-12 degree range is also challenging for major wind tunnels like NRC, ARC or UWAL, due to throat size and blockage issues, so the issue is not unique to CFD.

I referred to this information in my May and June visits to your facility and have added other detail.

If you have questions, please contact me.

The data is proprietary and not for publication.

Thank you for the opportunity to provide this.

Rick Mihelic
Manager Vehicle Performance & Engineering Analysis
Peterbilt Motors Company
3200 Airport Road, Denton, Texas 76207
940-566-7694
<EMAIL_ADDRESS>
**attachment included: **