[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Notices]
[Page 1867-1868]
[DOCID:fr10ja08-30]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-32-000]

Natural Gas Pipeline Company of America; Notice of Application

January 3, 2008.
    Take notice that on December 7, 2007, Natural Gas Pipeline Company
of America (Natural), 747 East 22nd Street, Lombard, Illinois 60148-
5072, filed in Docket No. CP08-32-000, an application pursuant to
section 7(c) of the Natural Gas Act (NGA) and Subpart A of Part 157 of
the Commission's Regulations, for a certificate of public convenience
and necessity authorizing the construction and operation of certain
facilities at Natural's Herscher Galesville storage field in Kankakee
County, Illinois, (Herscher Galesville) to enable Natural to provide 10
Bcf of firm incremental storage service for certain expansion shippers,
all as more fully set forth in the application which is on file with
the Commission and open to public inspection. The filing may also be
viewed on the Web 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<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    Natural proposes to (a) drill and operate 15 new water withdrawal
wells with 230 horsepower downhole submersible pumps, and up to 11 new
water disposal wells at up to 11 new well pads; (b) install and operate
surface water booster pumps on 3 existing water injection wells; (c)
drill and operate horizontal lateral recompletions of up to 4 existing
water injection wells, which, if successful, will reduce the number of
new water injection wells required to be drilled; (d) upgrade and
operate the existing water disposal system by replacing, looping or
extending 12 water lines totaling 25,825 feet (made up of 8-, 10- and
12-inch diameter plastic pipe); (e) rework (via underreaming and
deepening) and operate 5 existing gas injection/withdrawal wells; (f)
purchase 2.0 Bcf of additional cushion gas; (g) install and operate one
8,180 hp natural gas compressor unit; (h) construct and operate
miscellaneous appurtenant facilities as necessary to develop the
proposed project, all at the Herscher Galesville storage field.
    Natural also seeks approval of the negotiated rates as contained in
the precedent agreements supporting the proposed project; approval of
the recourse rates and tariff provisions necessary to effectuate such
rates; and approval of an increase in Herscher Galesville's
certificated peak day withdrawal level from 1,000 MMcf up to 1,100
MMcf. There would be no increase in Natural's currently certificated
total maximum inventory level at Herscher Galesville. Natural estimates
its construction cost for the Herscher Galesville storage field project
at $75,349,207.
    Any questions concerning the application should be directed to
Bruce H. Newsome, Vice President, Natural Gas Pipeline Company of
America, 747 East 22nd Street, Lombard, Illinois 60148-5072, telephone:
(630) 691-3526, e-mail:

<EMAIL_ADDRESS>

    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceeding for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFT 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to the project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests,

and interventions via the Internet in lieu of paper. 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.

    Comment Date: January 24, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-223 Filed 1-9-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46072-46073]
[FR Doc No: 2017-21187]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-5846]

Abbreviated New Drug Applications Submissions--Refuse-To-Receive
Standards: Questions and Answers; Draft Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``ANDA
Submissions--Refuse-to-Receive Standards: Questions and Answers.'' This
draft guidance is intended to assist applicants preparing to submit
abbreviated new drug applications (ANDAs) and certain prior approval
supplements (PASs) to ANDAs. This guidance provides answers to
questions we have received from applicants regarding the guidance for
industry, ``ANDA Submissions--Refuse-to-Receive Standards'' (RTR
Standards guidance). The questions and answers address general issues
about the organization of an ANDA, filing decisions made by FDA, the
review of and deficiencies related to Drug Master Files (DMFs), product
quality, and bioequivalence (BE) and clinical reviews, and are intended
to clarify the deficiencies that may cause FDA to refuse to receive
(RTR) an ANDA.

DATES: Submit either electronic or written comments on the draft
guidance by December 4, 2017 to ensure that the

Agency considers your comment on this draft guidance before it begins
work on the final version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-5846 for ``ANDA Submissions--Refuse-to-Receive Standards:
Questions and Answers.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 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: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Giaquinto Friedman, Center
for Drug Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 75, Rm. 1670, Silver Spring, MD 20993-0002,
240-402-7930<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``ANDA Submissions--Refuse-to-Receive Standards: Questions and
Answers.'' This draft guidance is intended to assist applicants
preparing to submit ANDAs and certain prior approval supplements (PASs)
to ANDAs. This guidance provides answers to questions we have received
from applicants regarding the guidance for industry, ``ANDA
Submissions--Refuse-to-Receive Standards'' and the filing process, in
general. The questions and answers address general issues about the
organization of an ANDA, filing decisions made by FDA, the review of
and deficiencies related to DMFs, product quality, and BE and clinical
reviews, and are intended to clarify the deficiencies that may cause
FDA to RTR an ANDA. FDA evaluates each submitted ANDA individually to
determine whether the Agency can receive it for review. When FDA
decides to receive an ANDA, it means the Agency has made a threshold
determination that the ANDA is a substantially complete application
(i.e., an ANDA that, on its face, is sufficiently complete to permit a
substantive review). FDA's regulations at 21 CFR 314.101 provide the
regulatory authority by which FDA may in certain cases, and will in
others, RTR an ANDA.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``ANDA
Submissions--Refuse-to-Receive Standards.'' 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. This guidance is not subject to
Executive Order 12866.

II. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: September 28, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21187 Filed 10-2-17; 8:45 am]
BILLING CODE 4164-01-P


Alan Stout EPA OAR, OTAQ, ASD Received Date: 12/ 13/ 2004 09: 55: 04 AM To: " HARADA, HIDEMI" < hi harada@ mail. nissan. co. jp> cc: ????/ K40?? 1? \( E mail\) < k kojima@ nikkoh. co. jp> Subject: Re: FW: Nissan) Several questions on diagnostic requirements in 2007MY Nonroad LSI Regulations Mr. Harada, I had thought you wanted to talk about the diagnostic issues at our February meeting. I was able to check in with our engine diagnostics expert to work toward a response to the issues you raised.

1. Control Area Networks You should note the later part of 1048.115( b) that specifically allows for broadcasting to a remote scan tool. I will try to clarify this provision in our technical amendments to state that torque, or other parameters, may be broadcast to a remote scan too.

2. ISO Trouble Codes 1048.110( g) considers the need to use codes that are different than ISO. Adapting codes for alternative fuels would clearly be a case where you would need to revise the codes for your situation. We would be interested in standardizing codes across the industry where possible, but we are aware that there may be a lot of information that is manufacturer specific. You need to request our approval for variations from the ISO, which will allow us then to evaluate whether it might be possible to move in the direction of normalizing codes for common configurations.

3. MIL Language We have approved the use of your suggested icon for a check engine message for light duty motor vehicles, so we readily approve the use of this also for your nonroad engines.

I hope this clears things up. Let me know if you have further questions.

Alan Stout  Original Message From: HARADA, HIDEMI Sent: Thursday, December 02, 2004 9: 48 PM To: EPA/ MrAlanStout ( E mail) Cc: KAWANO, MASAHIRO; ' TANAKA_ SHUJI'; SUZUKI_ NOBUYUKI; KAWAGUCHI_ RYUHEI; ' K30??'; KOSAKA_ MASAHIKO Subject: Nissan) Several questions on diagnostic requirements in 2007MY Nonroad LSI Regulations Dear Mr. Alan Stout, EPA Ann Arbor We have several inquiries and would like to know your opinion or comment, etc. Your reply is highly appreciated for our engine system development to meet 2007MY Regulations. This time, our inquiries are related to diagnostic requirements as follows. And, we would like to talk about this when we visit EPA next year.

Q1. Control Area Networks Paragraph 1048.115 ( b) says " Electronically controlled engines must broadcast their speed and output shaft torque on their controller area networks." But due to Nissan's engine control module structure, it is difficult to broadcast them by controller area networks ( CAN). In place of CAN, we can broadcast the similar output which can be monitored by GST. We believe this similar output is eligible to the requirement. ( We will show EPA detailed explanation later.) We would like to know EPA's opinion.

Q2. ISO Trouble Codes Paragraph 1048.110 describes engines diagnose malfunction, and ( g) of the paragraph explains specific formats, codes, and connections. But according to our understanding, the ISO takes only gasoline fueled engines into account. For dual fuel engines ( for example, gasoline and LPG), independent codes are needed in order to identify by which fuel the malfunction has happened. So we think independent codes for gasoline and LPG are needed. We can show EPA our specific idea later. We would like to know how EPA thinks about this issue.

Q3. MIL Language Paragraph 1048.110 ( b) explains the specific proposal for MIL. It says " it must display " Check Engine," " Service Engine Soon" or a similar message that we approve." One customer asks us it would like to use " Check" with engine illustration that it has already used. We would like to know EPA's judgment. ( Please refer to the attached figure.)

Best Regards, H. Harada Unit Planning Section Engineering Department Industrial Machinery Division Nissan Motor Co., Ltd. TEL : + 81 46 252 3243 FAX : + 81 46 252 3313 E mail : hi harada@ mail. nissan. co. jp


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27478]
[DOCID:fr11my06-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-768-000]

Akula Energy, LLC; Notice of Issuance of Order

May 3, 2006.
    Akula Energy, LLC (Akula) filed an application for market-based
rate authority, with an accompanying tariff. The proposed market-based
rate tariff provides for the sale of energy and capacity at market-
based rates. Akula also requested waiver of various Commission
regulations. In particular, Akula requested that the Commission grant
blanket approval under 18 CFR part 34 of all future issuances of
securities and assumptions of liability by Akula.
    On April 21, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approval of issuances of securities or assumptions of liability by
Akula should file a motion to intervene or protest with the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is May 22, 2006.
    Absent a request to be heard in opposition by the deadline above,
Akula is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Akula, compatible with the public interest, and is reasonably necessary
or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of Akula's issuances of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also 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
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7184 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, METD 2. OMB control number b. G None a_ 2060  0120 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NSPS Subparts KKK and LLL Standards of Performance for Onshore Natural Gas Processing Plants 8. Agency form number( s) ( If applicable) 1086.06 9. Keywords SO2, VOC, Sulfur recovery unit, Leak detection, Onshore natural gas 10. Abstract Owners/ operators of Natural Gas Processing Plants must notify EPA of construction, modification, startup, shutdowns, malfunctions, dates and, for compliance with the SO2 standard, result of initial performance test. Owner/ operators of Onshore/ operators of Onshore Natural Gas Processing Plants that are ptential VOC emitters records must be kept of leaks from pressure relief devices, the date of leak detection, repair method used and other pertinent details. For potential SO2 emitters records must be kept of SO2 emissions.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 558 b. Total annual responses 1,116 1. Percentage of these responses collected electronically % c. Total annual hours requested 114,036 d. Current OMB inventory 181,462 e. Difference ( 67,426) f. Explanation of difference 1. Program Change 2. Adjustment ( 67,426) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 74 c. Total annualized cost requested 74 d. Current OMB inventory 140 e. Difference ( 66) f. Explanation of difference 1. Program change 2. Adjustment ( 66)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Dan Chadwick Phone: ( 202) 564 7054 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

© It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official John B. Rasnic, Director METD Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division OEI Date OMB 83 I 10/ 95


[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Proposed Rules]
[Pages 88544-88546]
[FR Doc No: 2023-28153]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2398; Project Identifier AD-2023-00423-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes.
This proposed AD was prompted by a report indicating that the oxygen
supply tubing can become kinked when certain passenger service unit
(PSU) oxygen panel assemblies are installed in the forward-most
position of a center stow bin. This proposed AD would require a one-
time inspection of the affected PSU oxygen panel assemblies and
applicable on-condition actions. This proposed AD would also prohibit
the installation of affected parts. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 5,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2398; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-2398.

FOR FURTHER INFORMATION CONTACT: Samuel Nalbandian, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 206-
231-3993; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2398; Project Identifier
AD-2023-00423-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Samuel Nalbandian, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; phone:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA has received a report indicating that a pinching condition
may exist between the oxygen supply tube on the PSU oxygen panel and
the stowage bin end blade on affected PSU oxygen panel assemblies and
may result in the inability of the oxygen system to provide oxygen to
the airplane's passengers in a cabin depressurization event. The PSU
reverse bottle oxygen panel assembly drawing restructure introduced a
conflict between lower- and upper-level assembly drawings. After the
drawing restructure, the upper-level assembly drawings had corrected
routing design intent, but the lower-level assembly drawings had
incorrect routing definition. Installation of a PSU reverse bottle
oxygen panel assembly with incorrect routing can lead to a condition
where the oxygen supply tubing becomes kinked in the forward-most
position of a center stowage bin. Incorrect routing of the tubing, if
not addressed, could result in kinked tubing and consequent passengers'
injury because of a lack of supplemental oxygen during a cabin
depressurization event.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletins B787-81205-
SB250277-00 RB and B787-81205-SB250278-00 RB, both Issue 001, both
dated February 15, 2023. This service information specifies procedures
for verifying the identification label of the

oxygen panel assembly, doing a general visual inspection of the oxygen
supply tube and initiator cable assembly for correct installation, and
doing a general visual inspection for damage of the oxygen supply
tubing. The service information also specifies procedures for on-
condition actions: replacing the oxygen supply tubing, re-routing of
the oxygen supply tubing and initiator cable assembly, and re-
identifying equipment. These documents are distinct since they apply to
different airplanes. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Difference Between this Proposed AD and the Service Information,''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD. This proposed AD would also
prohibit the installation of affected parts. For information on the
procedures and compliance times, see this service information at
regulations.gov by searching for and locating Docket No. FAA-2023-2398.

Difference Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Requirements Bulletins B787-81205-
SB250277-00 RB and B787-81205-SB250278-00 RB, both Issue 001, both
dated February 15, 2023, is limited to Model 787-8, 787-9, and 787-10
airplanes having certain line numbers. However, the applicability of
this proposed AD includes all Model 787-8, 787-9, and 787-10 airplanes.
Because the affected PSU oxygen panel assemblies are rotatable parts,
the FAA has determined that these parts could later be installed on
airplanes that were initially delivered with acceptable parts, thereby
subjecting those airplanes to the unsafe condition. Therefore, Model
787-8, -9, and -10 airplanes not listed in the service information
would be subject only to the parts installation prohibition of this
proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 19 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Inspections and rerouting........  Up to 25 work-hours            $0   Up to $2,125........  Up to $40,375.
                                    x $85 per hour = Up
                                    to $2,125.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of the
proposed inspection. The agency has no way of determining the number of
aircraft that might need the on-condition actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of oxygen supply tube............  Up to 9 work-hours x $85 per                $30             $795
                                                hour = Up to $765.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2023-2398; Project Identifier AD-
2023-00423-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8, 787-9,
and 787-10 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the oxygen
supply tubing can become kinked when certain passenger service unit
(PSU) oxygen panel assemblies are installed in the forward-most
position of a center stow bin. The FAA is issuing this AD to address
incorrect installation of the oxygen supply tubing in the PSU oxygen
panel assemblies. The unsafe condition, if not addressed, could
result in kinked tubing and consequent injury of the airplane's
passengers because of a lack of supplemental oxygen during a cabin
depressurization event.

(f) Compliance

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

(g) Inspection of the Affected Parts

    For airplanes identified in Boeing Alert Requirements Bulletins
B787-81205-SB250277-00 RB, Issue 001, dated February 15, 2023, and
B787-81205-SB250278-00 RB, Issue 001, dated February 15, 2023:
Except as specified by paragraph (h) of this AD: At the applicable
times specified in the ``Compliance'' paragraph of Boeing Alert
Requirements Bulletins B787-81205-SB250277-00 RB, Issue 001, dated
February 15, 2023, or B787-81205-SB250278-00 RB, Issue 001, dated
February 15, 2023, as applicable, do all applicable actions
identified in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Requirements Bulletin B787-81205-
SB250277-00 RB, Issue 001, dated February 15, 2023, or B787-81205-
SB250278-00 RB, Issue 001, dated February 15, 2023, as applicable.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB250277-00 RB, Issue 001, dated February 15, 2023, use the
phrase ``the Issue 001 date of the Requirements Bulletin B787-81205-
SB250277-00 RB,'' this AD requires using ``the effective date of
this AD.''
    (2) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin B787-
81205-SB250278-00 RB, Issue 001, dated February 15, 2023, use the
phrase ``the Issue 001 date of the Requirements Bulletin B787-81205-
SB250278-00 RB'' this AD requires using ``the effective date of this
AD.''
    (3) Where Boeing Alert Requirements Bulletin B787-81205-
SB250277-00 RB, Issue 001, dated February 15, 2023, and Boeing Alert
Requirements Bulletin B787-81205-SB250278-00 RB, Issue 001, dated
February 15, 2023, specify that the corrective actions for
Conditions 2, 2.2, 2.2.2, and 3 must be done before further flight,
this AD requires that the corrective actions for those conditions
must be done within 24 months after the effective date of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a PSU oxygen panel assembly part number 4572105-XXX-
0D0, or 4572175-XXX-0D0, or 4572185-XXX-0D0, where the ``XXX'' in
the affected PSU oxygen panel assembly part numbers is any
combination of numerals, that was manufactured in May 2020 or
before, and does not have a supplier service bulletin modification
label marked with an applicable supplier service bulletin number and
date.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (k)
of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Samuel Nalbandian,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin B787-81205-SB250277-00
RB, Issue 001, dated February 15, 2023.
    (ii) Boeing Alert Requirements Bulletin B787-81205-SB250278-00
RB, Issue 001, dated February 15, 2023.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28153 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42930-42932]
[FR Doc No: 2023-14171]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Docket Numbers: EG23-217-000.
    Applicants: Last Mile Transmission LLC.
    Description: Last Mile Transmission LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5154.
    Comment Date: 5 p.m. ET 7/18/23.

    Docket Numbers: EG23-218-000.
    Applicants: Vikings Energy Farm LLC.
    Description: Vikings Energy Farm LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5026.
    Comment Date: 5 p.m. ET 7/19/23.

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

    Docket Numbers: ER10-2131-028.
    Applicants: Grand Ridge Energy LLC.
    Description: Triennial Market Power Analysis for [Central/Southwest
Power Pool Inc./Northeast/Northwest/Southeast/Southwest] Region of
Grand Ridge Energy LLC.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5039.
    Comment Date: 5 p.m. ET 8/28/23,

    Docket Numbers: ER10-2137-028; ER10-2138-029; ER10-2139-029; ER10-
2140-028; ER10-2141-028; ER14-2187-022; ER14-2799-019; ER21-258-005.
    Applicants: Todd Solar LLC, Beech Ridge Energy Storage LLC, Grand
Ridge Energy Storage LLC, Grand Ridge Energy V LLC, Grand Ridge Energy
IV LLC, Grand Ridge Energy III LLC, Grand Ridge Energy II LLC, Beech
Ridge Energy LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Beech Ridge Energy LLC, et al.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5038.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER10-2488-026; ER13-1586-021; ER14-2871-020; ER15-
463-019; ER15-621-019; ER15-622-019; ER16-72-015; ER16-182-015; ER16-
902-012; ER17-47-012; ER17-48-013; ER18-47-012; ER18-2240-008; ER18-
2241-008; ER19-426-008; ER19-427-008; ER19-1575-009; ER19-1660-008;
ER19-1662-008; ER19-1667-008; ER20-71-008; ER20-72-008; ER20-75-008;
ER20-76-010; ER20-77-008; ER20-79-008; ER21-1368-004; ER21-1369-005;
ER21-1371-005; ER21-1373-006; ER21-1376-006; ER21-2782-005; ER22-149-
005; ER22-1439-005; ER22-1440-005; ER22-1441-005; ER22-1442-003; ER22-
2419-001; ER22-2420-001; ER23-562-002; ER23-1048-001.
    Applicants: Lockhart ESS, LLC,TGP Energy Management II, LLC,
Lockhart Solar PV II, LLC, Lockhart Solar PV, LLC, EdSan 1B Group 3,
LLC, EdSan 1B Group 2, LLC, EdSan 1B Group 1 Sanborn, LLC, EdSan 1B
Group 1 Edwards, LLC, Sagebrush Line, LLC, Sagebrush ESS, LLC, ES 1A
Group 3 Opco, LLC, ES 1A Group 2 Opco, LLC, Edwards Sanborn Storage II,
LLC, Edwards Sanborn Storage I, LLC, Valley Center ESS, LLC, Voyager
Wind IV Expansion, LLC, Painted Hills Wind Holdings, LLC, Tehachapi
Plains Wind, LLC, Oasis Alta, LLC, Coachella Wind Holdings, LLC,
Coachella Hills Wind, LLC, Terra-Gen VG Wind, LLC, Mojave 16/17/18 LLC,
Mojave 3/4/5 LLC, Alta Oak Realty, LLC,LUZ Solar Partners IX, Ltd., LUZ
Solar Partners VIII, Ltd., Garnet Wind, LLC, Yavi Energy, LLC, Voyager
Wind II, LLC, Terra-Gen Mojave Windfarms, LLC, DifWind Farms LTD VI,
Voyager Wind I, LLC, Cameron Ridge II, LLC, San Gorgonio Westwinds II--
Windustries, LLC, Ridgetop Energy, LLC, Pacific Crest Power, LLC, San
Gorgonio Westwinds II, LLC, Cameron Ridge, LLC,TGP Energy Management,
LLC, Oasis Power Partners, LLC.
    Description: Notice of Non-Material Change in Status of Alta Oak
Realty, LLC, et al.
    Filed Date: 6/26/23
    Accession Number: 20230626-5196.
    Comment Date: 5 p.m. ET 7/17/23.

    Docket Numbers: ER10-2718-039; ER10-2719-040.
    Applicants: East Coast Power Linden Holding, L.L.C., Cogen
Technologies Linden Venture, L.P.
    Description: Triennial Market Power Analysis for Northeast Region
of Cogen Technologies Linden Venture, L.P., et al.
    Filed Date: 6/23/23.
    Accession Number: 20230623-5193.
    Comment Date: 5 p.m. ET 8/22/23.

    Docket Numbers: ER12-2601-002.
    Applicants: Rayonier Performance Fibers, LLC.
    Description: Notice of Non-Material Change in Status of Rayonier
Performance Fibers, LLC.
    Filed Date: 8/12/22.
    Accession Number: 20220812-5229.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER13-343-014.
    Applicants: CPV Maryland, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of CPV Maryland, LLC.

    Filed Date: 6/27/23.
    Accession Number: 20230627-5197.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER16-2462-013.
    Applicants: Oregon Clean Energy, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Oregon Clean Energy, LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5203.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER16-2643-005.
    Applicants: Panda Stonewall LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Potomac Energy Center, LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5201.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER17-1609-006; ER19-1215-003; ER20-2667-002.
    Applicants: South Field Energy LLC, Cricket Valley Energy Center,
LLC, Carroll County Energy LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Carroll County Energy LLC, et al.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5196.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER17-2364-007.
    Applicants: St. Joseph Energy Center, LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of St. Joseph Energy Center, LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5202.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER18-1106-004.
    Applicants: Kestrel Acquisition, LLC.
    Description: Updated Triennial Market Power Analysis for Northeast
Region of Kestrel Acquisition, LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5198.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER18-1150-009; ER22-2187-002; ER22-2188-003.
    Applicants: Northwest Ohio IA, LLC, Northwest Ohio Solar, LLC,
Northwest Ohio Wind, LLC.
    Description: Triennial Market Power Analysis for Northwest Region
of Northwest Ohio Wind, LLC, et al..
    Filed Date: 6/23/23.
    Accession Number: 20230623-5192.
    Comment Date: 5 p.m. ET 8/22/23.

    Docket Numbers: ER19-106-006.
    Applicants: Birdsboro Power LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Birdsboro Power LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5204.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER21-445-003.
    Applicants: Hill Top Energy Center LLC.
    Description: Triennial Market Power Analysis for Northeast Region
of Hill Top Energy Center LLC.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5205.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER23-1599-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing to the
Commission's 6/9/2023 order in Docket No. ER23-1599-000 to be effective
6/9/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5008.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER23-1977-001.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Amendment: 2023-06-27 Recollation 1 of 2--Minor
Amendment to Pending Filing to be effective 5/27/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5133.
    Comment Date: 5 p.m. ET 7/7/23.

    Docket Numbers: ER23-2273-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: Wholesale Contract Revisions
to Rate Schedule Nos. 328, 329, 330 and 337 to be effective 1/1/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5137.
    Comment Date: 5 p.m. ET 7/18/23.

    Docket Numbers: ER23-2274-000.
    Applicants: Terrapin Energy LLC.
    Description: Tariff Amendment: Terrapin Energy LLC MBR Tariff
Cancellation to be effective 6/28/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5147.
    Comment Date: 5 p.m. ET 7/18/23.

    Docket Numbers: ER23-2275-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Mid-Atlantic Interstate
Transmission, LLC submits tariff filing per 35.13(a)(2)(iii: MAIT
submits Amended Interconnection Agreement, Service Agreement No. 3440
to be effective 8/28/2023.
    Filed Date: 6/27/23.
    Accession Number: 20230627-5163.
    Comment Date: 5 p.m. ET 7/18/23.

    Docket Numbers: ER23-2276-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ISA, SA No. 6973, ICSA, SA
No. 6126; Queue AD2-134; Cancel SA Nos. 6125/3189 to be effective 6/9/
2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5024.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER23-2277-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Revisions to Update Provisions
Regarding Eligible Letter of Credit Issuers to be effective 8/27/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5035.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER23-2278-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1276R31 Evergy Metro NITSA
NOA to be effective 9/1/2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5043.
    Comment Date: 5 p.m. ET 7/19/23.

    Docket Numbers: ER23-2279-000.
    Applicants: Clearwater Wind East, LLC.
    Description: Baseline eTariff Filing: Clearwater Wind East, LLC
Application for Market-Based Rate Authorization to be effective 8/28/
2023.
    Filed Date: 6/28/23.
    Accession Number: 20230628-5045.
    Comment Date: 5 p.m. ET 7/19/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as

interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14171 Filed 7-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Notices]
[Page 70372]
[DOCID:fr04de06-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TX07-1-000]

Brazos Electric Power Cooperative, Inc.; Notice of Filing

November 27, 2006.
    Take notice that on October 13, 2006 and amended on November 21,
2006, Brazos Electric Power Cooperative, Inc. filed an application for
an order directing a physical interconnection of facilities and
transmission services under sections 210, 211 and 212 of the Federal
Power Act.
    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 online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 11, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-20469 Filed 12-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76603-76604]
[FR Doc No: 2012-30933]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office Of Hazardous Materials Safety; Notice of Delays In
Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

N--New application.
M--Modification request.
R--Renewal Request.
P--Party To Exemption Request.

    Issued in Washington, DC, on December 17, 2012.
Donald Burger,
Chief, General Approvals and Permits.

------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
                     Modification to Special Permits
------------------------------------------------------------------------
11914-M...............  Cascade Designs,               4      12-31-2012
                         Inc. Seattle,
                         WA.
------------------------------------------------------------------------

                     New Special Permit Applications
------------------------------------------------------------------------
15650-N...............  IL Shepherd &                  3      12-31-2012
                         Associates San
                         Fernando, CA.
------------------------------------------------------------------------

[FR Doc. 2012-30933 Filed 12-27-12; 8:45 am]
BILLING CODE 4910-60-M


[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35069-35071]
[FR Doc No: 2017-15895]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket No. FDA-2017-N-1608]

Medical Devices; Neurological Devices; Classification of Cranial
Motion Measurement Device

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is
classifying the cranial motion measurement device into class II
(special controls). The special controls that will apply to the device
are identified in this order and will be part of the codified language
for the cranial motion measurement device's classification. The Agency
is classifying the device into class II (special controls) in order to
provide a reasonable assurance of safety and effectiveness of the
device.

DATES: This order is effective July 28, 2017. The classification was
applicable on August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Jay Gupta, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 2630, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were
not in commercial distribution before May 28, 1976 (the date of
enactment of the Medical Device Amendments of 1976), generally referred
to as postamendments devices, are classified automatically by statute
into class III without any FDA rulemaking process. These devices remain
in class III and require

premarket approval, unless and until the device is classified or
reclassified into class I or II, or FDA issues an order finding the
device to be substantially equivalent, in accordance with section
513(i) of the FD&C Act, to a predicate device that does not require
premarket approval. The Agency determines whether new devices are
substantially equivalent to predicate devices by means of premarket
notification procedures in section 510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, also known as De Novo
classification, as amended by section 607 of the Food and Drug
Administration Safety and Innovation Act (Pub. L. 112-144), provides
two procedures by which a person may request FDA to classify a device
under the criteria set forth in section 513(a)(1) of the FD&C Act.
Under the first procedure, the person submits a premarket notification
under section 510(k) of the FD&C Act for a device that has not
previously been classified and, within 30 days of receiving an order
classifying the device into class III under section 513(f)(1), the
person requests a classification under section 513(f)(2) of the FD&C
Act. Under the second procedure, rather than first submitting a
premarket notification under section 510(k) of the FD&C Act and then a
request for classification under the first procedure, the person
determines that there is no legally marketed device upon which to base
a determination of substantial equivalence and requests a
classification under section 513(f)(2) of the FD&C Act. If the person
submits a request to classify the device under this second procedure,
FDA may decline to undertake the classification request if FDA
identifies a legally marketed device that could provide a reasonable
basis for review of substantial equivalence with the device or if FDA
determines that the device submitted is not of ``low-moderate risk'' or
that general controls would be inadequate to control the risks and
special controls to mitigate the risks cannot be developed.
    In response to a request to classify a device under either
procedure provided by section 513(f)(2) of the FD&C Act, FDA shall
classify the device by written order within 120 days. This
classification will be the initial classification of the device.
    On December 23, 2014, Jan Medical, Inc., submitted a request for
classification of the BrainPulse, Model 1100, under section 513(f)(2)
of the FD&C Act.
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed
the request in order to classify the device under the criteria for
classification set forth in section 513(a)(1). FDA classifies devices
into class II if general controls by themselves are insufficient to
provide reasonable assurance of safety and effectiveness, but there is
sufficient information to establish special controls to provide
reasonable assurance of the safety and effectiveness of the device for
its intended use. After review of the information submitted in the
request, FDA determined that the device can be classified into class II
with the establishment of special controls. FDA believes these special
controls, in addition to general controls, will provide reasonable
assurance of the safety and effectiveness of the device.
    Therefore, on August 1, 2016, FDA issued an order to the requestor
classifying the device into class II. FDA is codifying the
classification of the device by adding 21 CFR 882.1630.
    Following the effective date of this final classification order,
any firm submitting a premarket notification (510(k)) for a cranial
motion measurement device will need to comply with the special controls
named in this final order. A De Novo classification decreases
regulatory burdens. When FDA classifies a device type as class I or II
via the De Novo pathway, other manufacturers do not have to submit a De
Novo request or premarket approval application in order to market the
same type of device, unless the device has a new intended use or
technological characteristics that raise different questions of safety
or effectiveness. Instead, manufacturers can use the less burdensome
510(k) pathway, when necessary, to market their device, and the device
that was the subject of the original De Novo classification can serve
as a predicate device for additional 510(k)s from other manufacturers.
    The device is assigned the generic name cranial motion measurement
device, and it is identified as a prescription device that utilizes
accelerometers to measure the motion or acceleration of the skull.
These measurements are not to be used for diagnostic purposes.
    FDA has identified the following risks to health associated
specifically with this type of device and the measures required to
mitigate these risks in Table 1.

     Table 1--Cranial Motion Measurement Device Risks to Health and
                           Mitigation Measures
------------------------------------------------------------------------
            Identified risks                   Mitigation measures
------------------------------------------------------------------------
Adverse tissue reaction................  Biocompatibility evaluation.
                                         Labeling.
Equipment malfunction leading to injury  Electrical safety, thermal, and
 to user or patient.                      mechanical testing.
                                         Electromagnetic compatibility
                                          testing.
                                         Labeling.
Inaccurate measurement.................  Clinical performance testing.
                                         Hardware and software
                                          verification, validation, and
                                          hazard analysis.
                                         Electromagnetic compatibility
                                          testing.
                                         Labeling.
Use error..............................  Hardware and software
                                          verification, validation, and
                                          hazard analysis.
                                         Labeling.
------------------------------------------------------------------------

    FDA believes that the special controls, in combination with the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness.
    Cranial motion measurement devices are not safe for use except
under the supervision of a practitioner licensed by law to direct the
use of the device. As such, the device is a prescription device and
must satisfy prescription labeling requirements (see 21 CFR 801.109
(Prescription devices)).
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k), if FDA determines that premarket notification is not necessary
to provide reasonable assurance of the safety and

effectiveness of the device. For this type of device, FDA believes
premarket notification is not necessary to provide reasonable assurance
of the safety and effectiveness of the device type and, therefore, is
planning to exempt the device from the premarket notification
requirements under section 510(m) of the FD&C Act. Once finalized,
persons who intend to market this device type need not submit a 510(k)
premarket notification containing information on the cranial motion
measurement device prior to marketing.

II. Analysis of Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other 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 (44 U.S.C. 3501-3520). The collections of information in
part 807, subpart E, regarding premarket notification submissions have
been approved under OMB control number 0910-0120, and the collections
of information in 21 CFR part 801 regarding labeling have been approved
under OMB control number 0910-0485.

List of Subjects in 21 CFR Part 882

    Medical devices; Neurological devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
882 is amended as follows:

PART 882--NEUROLOGICAL DEVICES

0
1. The authority citation for part 882 continues to read as follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  882.1630 to subpart B to read as follows:

Sec.  882.1630  Cranial motion measurement device.

    (a) Identification. A cranial motion measurement device is a
prescription device that utilizes accelerometers to measure the motion
or acceleration of the skull. These measurements are not to be used for
diagnostic purposes.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) The technical parameters of the device, hardware and software,
must be fully characterized and include the following information:
    (i) Hardware specifications must be provided. Additionally,
verification and validation testing as well as a hazard analysis must
be performed.
    (ii) Software must be described in detail in the Software
Requirements Specification (SRS) and Software Design Specification
(SDS). Additionally, software verification and validation testing as
well as a hazard analysis must be performed.
    (2) The device parts that contact the patient must be demonstrated
to be biocompatible.
    (3) The device must be designed and tested for electrical, thermal,
and mechanical safety, and electromagnetic compatibility (EMC).
    (4) Clinical performance testing must demonstrate the accuracy,
precision, stability, and repeatability of measuring cranial motion per
the intended use in the intended use environment.
    (5) The labeling must include:
    (i) The intended use population and the intended use environment.
    (ii) Instructions for technicians to convey to patients regarding
the collection of cranial acceleration data to ensure device
measurement accuracy, precision, stability, and repeatability.
    (iii) Information allowing clinicians to understand potential
sources of variability in the measurement to help recognize and
identify changes in the measurement.

    Dated: July 24, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-15895 Filed 7-27-17; 8:45 am]
BILLING CODE 4164-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

	OFFICE OF CHEMICAL SAFETY AND

                      POLLUTION PREVENTION

  SEQ CHAPTER \h \r 1 MEMORANDUM

Date:		September 6, 2011

SUBJECT:	CRYOLITE.  Response to comments by the Fluoride Action Network
(FAN)

on the Registration Review for Cryolite

PC Code:  075101	DP Barcode:   D391704

Decision No.:  N/A	Registration No.: N/A

Petition No.:  N/A	Regulatory Action: N/A

Risk Assessment Type: N/A	Case No.:  N/A

TXR No.:  N/A	CAS No.: 15096-52-3; 13775-53-6

MRID No.:  N/A	40 CFR: 180.145

		              								Ver.Apr. 2010

FROM:	  SEQ CHAPTER \h \r 1 Kit Farwell, D.V.M.

		Risk Assessment Branch VII

		Health Effects Division (7509P)

		Office of Pesticide Programs

THROUGH:	Michael Metzger, Branch Chief

		Risk Assessment Branch VII

		Health Effects Division (7509P)

		Office of Pesticide Programs

TO:		Molly Clayton, Chemical Review Manager

		Risk Management and Implementation Branch 3		  SEQ CHAPTER \h \r 1
SEQ CHAPTER \h \r 1

		Pesticide Re-Evaluation Division (7508P)

		Office of Pesticide Programs

This memo responds to comments by the Fluoride Action Network (FAN) on
the Registration Review for Cryolite, July 5, 2011.  Nearly all of the
comments by FAN relate to fluoride, which is a degradation product of
cryolite.  The comments on fluoride will be addressed separately (see
Docket EPA-HQ-OPP-2005-0174 for comments on fluoride assessment).  The
only comment relating specifically to human health concerns for cryolite
was 3.4.1, and is addressed below.

FAN comment 3.4.1:  OPP should require that testing for adverse effects
include cryolite and all of its degradation products and complexes.

Cryolite degrades to fluoride, aluminum, and sodium in the environment,
but according to EPA, the only degradation product of concern is
fluoride, and the only effect of concern is severe dental fluorosis.
While OPP is requiring that free ion concentrations of Al3+, F-, and Na+
be used to estimate toxicity, this ignores the effects of complexes
formed from these ions. Aluminofluoride complexes are formed
spontaneously in water containing fluoride and trace amounts of
aluminum. These complexes have been found to stimulate various G
proteins, and thus may “mimic or potentiate the action of numerous
extracellular signals and significantly affect many cellular
responses” (Strunecka and Patocka, 1999). OPP should therefore
immediately require that toxicity testing of cryolite be extended to
include all of its degradation products, including the various
aluminofluoride complexes formed under different aquatic conditions.

EPA response:  Aluminum is the third most abundant element in the
earth's crust and is a component in food ingredients, food containers,
drinking water, and utensils used in food preparation.  As a
consequence, aluminum is commonly found in foods and most foods that
have been tested were found to contain 0.1 – 10 ppm aluminum.  A much
larger source of oral exposure to aluminum is reportedly from antacids
and buffered analgesics.  A 2001 review article reported that "(n)o
reports of dietary aluminum toxicity to healthy individuals exist in the
literature".  Because aluminum exposure to people is so ubiquitous, the
small amount of aluminum in dietary residues from cryolite is not
expected to have an adverse health effect.

FAN was specifically concerned that aluminofluoride complexes would
affect G proteins and cellular signaling pathways.  However, cryolite
has already been evaluated in a number of toxicity studies, including a
battery of acute toxicity studies in different species, subchronic oral
toxicity studies in rats and dogs, chronic toxicity in rats and dogs,
carcinogenicity in rats and mice, developmental toxicity in rats,
rabbits, and mice, reproductive toxicity in rats, and in vitro
mutagenicity studies.  The oral exposure to cryolite in the many
toxicity studies with different animal species has allowed evaluation of
the toxicity potential for cryolite and its aluminum and fluoride
degradation products and complexes.

For the above reasons, the aggregate fluoride risk assessment focused
upon dental fluorosis, the most sensitive endpoint for human health risk
assessment, which will be protective of other effects occurring at
higher dose.

References:

Aluminum in Foods and the Diet, JC Sherlock.

Aluminum in Food and the Environment, editors RC Massey and D Taylor,
1989

Safety Evaluation of Dietary Aluminum.  MG Soni, et al.

Regulatory Toxicology and Pharmacology.  2001 Feb;33(1):66-79

Casarett & Doull's Toxicology, 7th edition.

Page   PAGE  1  of   NUMPAGES  2


[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Notices]
[Page 10792]
[DOCID:fr09mr07-132]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request; copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rules 7a-15 thru 7a-37; OMB Control No. 3235-0132; SEC
File No. 270-115.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rules 7a-15 through 7a-37 (17 CFR 260.7a-15--7a-37) under the Trust
Indenture Act of 1939 set forth the general requirements relating to
applications, statements and reports that must be filed under the Act
by issuers and trustees qualifying indentures under that Act for
offerings of debt securities. The respondents are persons and entities
subject to the Trust Indenture Act requirements. Rules 7a-15 through
7a-37 are disclosure guidelines and do not directly result in any
collection of information. The Rules are assigned only one burden hour
for administrative convenience.
    Written comments are invited on: (a) Whether these proposed
collections of information are necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: March 2, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-4219 Filed 3-8-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 8963-8965]
[FR Doc No: 2014-03187]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6618-007]

Christopher M. Anthony; Notice of Revocation of Exemption Under
Section 31(B) of the Federal Power Act and Soliciting Comments and
Interventions

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Revocation of exemption under section 31(b)
of the Federal Power Act (FPA).
    b. Project No.: 6618-007.
    c. Date Initiated: February 7, 2014.
    d. Exemptee: Christopher M. Anthony.
    e. Name and Location of Project: The Frankfort Project is located
at the head of tide on Marsh Stream, near the Town of Frankfort, in
Waldo County, Maine.
    f. Filed Pursuant to: 16 U.S.C. 823b(b) (2012).
    g. Exemptee Contact Information: Christopher Anthony, Express Hydro
Services, 312 Somerset Avenue, Pittsfield, Maine 04967.
    h. FERC Contact: B. Peter Yarrington,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. Deadline for filing comments, protests, and motions to intervene
is 30 days from the issuance of this notice. All reply comments filed
in response to comments submitted by any resource agency, Indian tribe,
or person, must be filed with the Commission within 45 days from the
issuance date of this notice.
    Please file your submittal electronically via the Internet
(eFiling) in lieu of paper. Please refer to the instructions on the
Commission's Web site under http://www.ferc.gov/docs-filing/efiling.asp
and filing instructions in the Commission's Regulations at 18 CFR
section 385.2001(a)(1)(iii). To assist you with eFilings you should
refer to the submission guidelines document at http://www.ferc.gov/help/submission-guide/user-guide.pdf. In addition, certain filing
requirements have statutory or regulatory formatting and other
instructions. You should refer to a list of these ``qualified
documents'' at http://www.ferc.gov/docs-filing/efiling/filing.pdf. You
must include your name and contact information at the end of your
comments. Please include the project number (P-6618-007) on any
documents or motions filed. The Commission strongly encourages
electronic filings; otherwise, you should submit an original and seven
copies of

any submittal to the following address: The Secretary, Federal Energy
Regulatory Commission, Mail Code: DHAC, PJ-12, 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.
    j. Description of Project Facilities: The project consists of a 14-
foot-high, 250-foot-long stone masonry dam, a powerhouse containing one
generator unit rated at 400 kilowatts with a hydraulic capacity of 440
cubic feet per second, a Denil-style fishway, and appurtenant
facilities.
    k. Opportunity for an Evidentiary Hearing: Under section 31(b) of
the FPA, 16 U.S.C. 823b(b) (2012), within 30 days of the issuance date
of this notice, the exemptee may request an evidentiary hearing on this
matter before a Commission administrative law judge.
    l. Violations of Exemption: The exemptee failed to comply with the
requirements of Commission staff's Compliance Order issued on January
30, 2013 (142 FERC ] 62,042), which notified the exemptee that it was
in violation of the project exemption and required the exemptee to file
a report illustrating that it could correct its noncompliance with its
exemption. Specifically, the exemptee is in violation of standard
article 2 of its exemption, which requires the exemptee to comply with
terms and conditions set by the U.S. Fish and Wildlife Service (FWS)
and the State of Maine for designing, constructing, and operating fish
passage facilities at the project. The exemptee has failed to comply
with its exemption and the January 30, 2013 Compliance Order within a
reasonable period of time (over one year).
    The exemptee's noncompliance with its exemption and with the
Compliance Order is likely to affect Atlantic salmon, a species listed
as endangered under the Endangered Species Act.
    m. Material Facts on Which the Violations Are Based: On September
20, 1982, the Commission granted an exemption from the licensing
requirements of Part I of the FPA for the Frankfort Project. Through
standard article 2 of the exemption, FWS and the Maine state fish and
wildlife agencies required the exemptee to design and construct
upstream and downstream fish passage facilities after receiving design
approval from FWS and the Maine agencies. In 1986, the exemptee
constructed the fish passage facilities without obtaining full approval
of the design from FWS or the Maine fish and wildlife agencies.
    On April 19, 2012, the FWS informed the Commission that the
exemptee was in violation of its exemption because the project's fish
passage facilities prevented upstream and downstream passage of fish,
including endangered Atlantic salmon. On May 15, 2012, and September 7,
2012, Commission staff requested the exemptee file a plan and schedule
to address the problems with upstream and downstream passage of fish.
On October 31, 2012, the exemptee filed a plan; however, FWS and the
National Marine Fisheries Service (NMFS) \1\ found the plan to be
inadequate and requested that the exemptee consult with both agencies.
---------------------------------------------------------------------------

    \1\ While NMFS did not place mandatory terms and conditions on
the exemption, it is currently the lead federal agency in protecting
federally listed Atlantic salmon using the rivers of Maine.
---------------------------------------------------------------------------

    On December 13, 2012, Commission staff issued an order modifying
and approving the exemptee's plan and schedule. Specifically, the order
required the exemptee, in accordance with its plan and schedule to:
Modify the entrance to the fish ladder and install a tide gate that
ensures that the entrance can be accessed by fish by the spring of
2013; construct and install powerhouse intake trashracks or removable
trashrack overlays by the summer of 2013; consult with FWS and NMFS on
the design and installation work; and file final drawings that have
been approved by FWS and NMFS with the Commission. The order also
required the exemptee to file monthly progress reports, by the 15th of
each month, including: (1) A detailed description of progress in
designing and completing the measures identified FWS and NMFS; (2)
summaries of consultation with the FWS, NMFS, and other resource
agencies regarding the completion of the measures; (3) identification
of any problems that may interfere with the scheduled completion of the
measures; (4) descriptions of any interim measures that will be taken
to pass fish and protect Atlantic salmon; (5) summaries of descriptions
of any observations of, or interactions with, Atlantic salmon at the
project, and copies of correspondence with NMFS and Commission staff
regarding those observations; and (6) copies of any communications with
NMFS regarding the need for consultation under section 7 of the
Endangered Species Act. The first progress report was due January 15,
2013. The exemptee did not file its first monthly progress report or
consult with FWS and NMFS as required by the December 13, 2012 order.
    On January 30, 2013, Commission staff issued a Compliance Order,
finding that the exemptee was in violation of its exemption and
ordering the exemptee to file a report by February 14, 2013,
addressing: the monthly reporting requirements contained in the
December 13, 2012 order, evidence that the exemptee consulted with FWS
and NMFS, and evidence that the exemptee can complete the measures
required by the December 13, 2012 order, within the timeframes
specified by that order. Specifically, that it could complete
modifications to the fish ladder by the spring of 2013 and construction
of the intake trashracks by the summer of 2013. The Compliance Order
warned the exemptee that failure to comply could result in the
imposition of civil penalties or revocation of the exemption pursuant
to section 31 of the FPA.
    On February 20, March 22, and April 22, 2013, the exemptee filed
late monthly progress on reports that generally addressed the December
13, 2012 order's requirements, but did not address the requirements of
the Compliance Order. The reports indicated that the exemptee was
designing a tide gate to allow upstream fish passage.
    On May 14, 2013, Commission staff, including staff from the
Commission's Office of Enforcement, held a teleconference with the
exemptee to review the importance of complying with the Commission's
requirements, and providing protection for endangered Atlantic salmon.
Staff agreed to extend the deadline for the exemptee's next progress
report until May 30, 2013. The exemptee did not file its May 2013
report.
    On June 11, 2013, FWS stated that it had met with the exemptee and
NMFS to review and provide guidance regarding the exemptee's fishway
design, but the exemptee did not incorporate the agencies' guidance.
    On June 26, 2013, Commission staff issued a letter reviewing the
exemptee's noncompliance with the project exemption and Commission
staff's orders and stating that failure to comply could result in the
imposition of civil penalties or revocation of the project's exemption.
The exemptee did not file any further monthly progress reports with the
Commission.
    On August 13, 2013, the Commission issued a Notice of Termination
of

Exemption by Implied Surrender based on the exemptee's failure to
comply with the December 13, 2012 order and Compliance Order. Comments
in favor of termination were filed by NMFS; the U.S. Department of the
Interior on behalf of the FWS; the Maine Department of Marine
Resources; and Clinton B. Townsend on behalf of the Penobscot Indian
Nation, Atlantic Salmon Federation, Maine Rivers, Natural Resources
Council of Maine, and the Maine Council of Trout Unlimited.
    On September 16, 2013, the exemptee filed a report indicating that
it would, within 10 days, install its tide gate on the fishway
entrance, and file a follow up report on the installation. The report
did not address the August 13, 2013 termination notice. On September
17, 2013, Commission staff asked the exemptee to include in its next
filing photographs showing that the tide gate had been installed and
was operating. On October 7, 2013, the exemptee filed a report
indicating that it had installed the tide gate and was adjusting it,
and was planning to begin other fish passage work, but failed to
include photographs of the tide gate. On October 18, 2013, the exemptee
indicated that it was continuing to work with its tide gate, and
expressed disagreement with the agencies regarding fish passage
designs. On October 31, November 1, and November 7, 2013, NMFS and FWS
personnel inspected the exemptee's tide gate, and determined that its
design was unsatisfactory because of problems with size, elevation, and
durability.
    The exemptee has knowingly violated the terms of its exemption and,
despite being given a reasonable time to comply with its exemption and
the January 30, 2013 Compliance Order, has failed to do so.
    n. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-6618-007) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    o. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    p. Comments, Protests, and Motions To Intervene--Anyone may submit
comments, protests, or motions to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214. 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.
    q. Filing and Service of Responsive Documents--Any filing must (1)
bear in all capital letters the title ``PROTEST'', ``MOTION TO
INTERVENE'', ``COMMENTS'', or ``REPLY COMMENTS''; (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, or terms and
conditions 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.
    r. Previous Comments--The Commission will consider, as filed in
this proceeding, all comments filed in response to the August 13, 2013
Notice of Termination by Implied Surrender.

    Dated: February 7, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-03187 Filed 2-13-14; 8:45 am]
BILLING CODE 6717-01-P