[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83570-83571]
[FR Doc No: 2023-26274]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4724-DR; Docket ID FEMA-2023-0001]

Hawaii; Amendment No. 4 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Hawaii (FEMA-4724-DR), dated August 10, 2023, and related
determinations.

DATES: The amendment was issued October 11, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident for
this disaster has been expanded to include high winds.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-26274 Filed 11-29-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Rules and Regulations]
[Pages 51910-51912]
[FR Doc No: 2012-20889]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 21

[Docket No. FDA-2011-N-0252]

Office of the Secretary

45 CFR Part 5b

Privacy Act, Exempt Record System

AGENCY: Office of the Secretary, Food and Drug Administration, HHS.

ACTION: Direct final rule.

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SUMMARY: The Food and Drug Administration (FDA) of the Department of
Health and Human Services (HHS) will be implementing a new system of
records, 09-10-0020, ``FDA Records Related to Research Misconduct
Proceedings, HHS/FDA/OC.'' HHS/FDA is exempting this system of records
from certain requirements of the Privacy Act to protect the integrity
of FDA's scientific misconduct inquiries and investigations and to
protect the identity of confidential sources in such investigations.
HHS/FDA is issuing a direct final rule for this action because the
Agency expects that there will be no significant adverse comment on
this rule.

DATES: This rule is effective January 10, 2013. Submit either
electronic or written comments by November 13, 2012. If HHS/FDA
receives no significant adverse comments within the specified comment
period, the Agency will publish a document confirming the effective
date of the final rule in the Federal Register within 30 days after the
comment period on this direct final rule ends. If timely significant
adverse comments are received, the Agency will publish a document in
the Federal Register withdrawing this direct final rule before its
effective date.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2011-
N-0252, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (For paper or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and docket number for this rulemaking. All comments received may be
posted without change to http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Request for Comments'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Frederick Sadler, Division of Freedom
of Information, Office of Public Information and Library Services, Food
and Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857, 301-
796-8975<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is implementing a new system of records called the ``FDA
Records Related to Research Misconduct Proceedings.'' The purpose of
this system of records is to implement FDA's responsibilities for
addressing research integrity and misconduct, in accordance with the
Public Health Service (PHS) Policies on Research Misconduct (42 CFR
part 93), for research performed by persons who are FDA employees,
agents of the Agency, or who are affiliated with the Agency by contract
or agreement. The term ``research misconduct'' is defined at 42 CFR
93.103 to mean ``fabrication, falsification, or plagiarism in
proposing, performing, or reviewing research, or in reporting research
results.'' The general policy of the PHS Policies on Research
Misconduct is that ``Research misconduct involving PHS support is
contrary to the interests of the PHS and the Federal government and to
the health and safety of the public, to the integrity of research, and
to the conservation of public funds.'' (42 CFR 93.100(a)). The PHS
Policies on Research Misconduct provide for a number of HHS
administrative actions that can be taken in response to a research
misconduct proceeding, such as the suspension of a contract, debarment,
or an adverse personnel action against a Federal employee (42 CFR
93.407). In addition, under 42 CFR 93.401, FDA shall at any time during
a research misconduct proceeding notify HHS' Office of Research
Integrity (ORI) immediately to ensure that FDA's Office of Criminal
Investigations, HHS Office of Inspector General, the Department of
Justice, or other appropriate law enforcement agencies, are notified if
there is a reasonable indication of possible violations of civil or
criminal law.
    FDA's new system of records will be modeled after the system of
records maintained by ORI, entitled ``HHS Records Related to Research
Misconduct Proceedings, HHS/OPHS/ORI'' System No. 09-37-0021 (59 FR
36717, July 19, 1994; revised most recently at 75 FR 44847, August 31,
2009).
    FDA's scientific misconduct inquiry and investigation records are
located in the Office of the Chief Scientist in FDA's Office of the
Commissioner. FDA is preparing to organize and operate these records as
a ``system of records'' as that term is defined by the Privacy Act. FDA
is publishing a System of Records Notice (SORN) for this system in the
Federal Register contemporaneous with publication of this direct final
rule.
    Under the Privacy Act (5 U.S.C. 552a), individuals have a right of
access to information pertaining to them which is contained in a system
of records. At the same time, the Privacy Act permits certain types of
systems to be exempt from some of the Privacy Act requirements. For
example, section 552a(k)(2) of the Privacy Act allows Agency heads to
exempt from certain Privacy Act provisions a system of records
containing investigatory material compiled for law enforcement
purposes. This exemption's effect on the record access provision is
qualified in that if the maintenance of the material results in the
denial of any right, privilege, or benefit that the individual would
otherwise be entitled to by Federal law, the individual must be granted
access to the material except to the extent that the access would
reveal the identity of a source who furnished information to the
Government under an express promise that the identity of the source
would be held in confidence. In addition, section 552a(k)(5) of the
Privacy Act permits an Agency to

exempt investigatory material from certain Privacy Act provisions where
such material is compiled solely for the purpose of determining
suitability, eligibility, or qualifications for Federal civilian
employment, military service, Federal contracts, or access to
classified information, but only to the extent that the disclosure of
such material would reveal the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence.
    As stated previously in this document, FDA may take administrative
action in response to a research misconduct proceeding and, where there
is a reasonable indication that a civil or criminal fraud may have
taken place, will refer the matter to the appropriate investigative
body. As such, FDA scientific misconduct inquiry and investigative
files are records compiled for law enforcement purposes, and the
subsection (k)(2) exemption is applicable to this system of records.
Moreover, where misconduct inquiry and investigative files are compiled
solely for the purpose of making determinations as to the suitability
for appointment as special Government employees or eligibility for
Federal contracts from PHS agencies, the subsection (k)(5) exemption is
applicable.
    HHS/FDA is therefore exempting this system under subsections (k)(2)
and (k)(5) of the Privacy Act from the notification, access and
amendment provisions of the Act (subsections (c)(3), (d)(1) to (d)(4),
(e)(4)(G) and (e)(4)(H), and (f)). As described in the following
paragraphs, the exemptions are necessary in order to maintain the
integrity of the research misconduct proceedings and to ensure that the
FDA's efforts to obtain accurate and objective information will not be
hindered. However, consideration would be given to requests for
notification, access, and amendment that are addressed to FDA's
Research Integrity Officer (System Manager) or Privacy Act Coordinator.
The specific rationales for applying each of these exemptions are as
follows:
     Subsection (c)(3). An exemption from the requirement to
provide an accounting of disclosures is needed during the pendency of a
research misconduct proceeding. Release of an accounting of disclosures
to an individual who is the subject of a pending research misconduct
assessment, inquiry or investigation could prematurely reveal the
nature and scope of the assessment, inquiry or investigation and could
result in the altering or destruction of evidence, improper influencing
of witnesses, and other evasive actions that could impede or compromise
the proceeding.
     Subsection (d)(1). An exemption from the access
requirement is needed both during and after a research misconduct
proceeding, to avoid revealing the identity of any source who was
expressly promised confidentiality. Only material that would reveal a
confidential source will be exempt from access. Protecting the identity
of a source is necessary when the source is unwilling to report
possible research misconduct because of fear of retaliation (e.g., from
an employer or coworkers).
     Subsections (d)(2) through (d)(4). An exemption from the
amendment provisions is necessary while one or more related research
misconduct proceedings are pending. Allowing amendment of investigative
records in a pending proceeding could interfere with that proceeding;
even after that proceeding is concluded, an amendment could interfere
with other pending or prospective research misconduct proceedings, or
could significantly delay inquiries or investigations in an attempt to
resolve questions of accuracy, relevance, timeliness, and completeness.
     Subsection (e)(4)(G) and (e)(4)(H). An exemption from the
notification provisions is necessary during the pendency of a research
misconduct proceeding, because notifying an individual who is the
subject of an assessment, inquiry, or investigation of the fact of such
proceedings could prematurely reveal the nature and scope of the
proceedings and result in the altering or destruction of evidence,
improper influencing of witnesses, and other evasive actions that could
impede or compromise the proceeding.
     Subsection (f). An exemption from the requirement to
establish procedures for notification, access to records, amendment of
records, or appeals of denials of access to records, is appropriate
because the procedures would serve no purpose in light of the other
exemptions, to the extent that those exemptions apply.
    As stated previously in this document, FDA's new system of records
will be modeled after the system of records maintained by ORI. ORI has
exempted these records under subsections (k)(2) and (k)(5) of the
Privacy Act from the notification, access, accounting, and amendment
provisions of the Privacy Act, to ensure that these records will not be
disclosed inappropriately (59 FR 36717, July 19, 1994). Likewise, FDA
believes that exempting the new system, ``FDA Records Related to
Research Misconduct Proceedings, HHS/FDA,'' from the same Privacy Act
provisions is essential to ensure that material in FDA's files related
to research misconduct proceedings is not disclosed inappropriately.
Except for information that would reveal the identity of a source who
was expressly promised confidentiality, the access exemption will not
prohibit HHS/FDA from granting respondents' access requests consistent
with the PHS Policies on Research Misconduct (42 CFR Part 93),
including in those cases in which a finding of research misconduct has
become final and an administrative action has been imposed.

II. Direct Final Rulemaking

    FDA has determined that the subject of this rulemaking is suitable
for a direct final rule. HHS/FDA will be implementing a new system of
records, 09-10-0020, ``FDA Records Related to Research Misconduct
Proceedings, HHS/FDA/OC.'' HHS/FDA is exempting this system of records
from certain requirements of the Privacy Act to protect records
compiled in the course of scientific misconduct inquiries and
investigations and to protect the identity of confidential sources in
such investigations. The Agency does not anticipate receiving any
significant adverse comment on this rule.
    Consistent with FDA's procedures on direct final rulemaking, we are
publishing elsewhere in this issue of the Federal Register a companion
proposed rule. The companion proposed rule provides the procedural
framework within which the rule may be finalized in the event the
direct final is withdrawn because of any significant adverse comment.
The comment period for this direct final rule runs concurrently with
the comment period of the companion proposed rule. Any comments
received in response to the companion proposed rule will also be
considered as comments regarding this direct rule.
    FDA is providing a comment period on the direct final rule of 75
days after the date of publication in the Federal Register. If FDA
receives any significant adverse comment, we intend to withdraw this
direct final rule before its effective date by publication of a notice
in the Federal Register within 30 days after the comment period ends. A
significant adverse comment is one that explains why the rule would be
inappropriate, including challenges to the rule's underlying premise or
approach, or would be ineffective or unacceptable without a change. In
determining whether an adverse

comment is significant and warrants withdrawing a direct final rule, we
will consider whether the comment raises an issue serious enough to
warrant a substantive response in a notice-and-comment process in
accordance with section 553 of the Administrative Procedure Act (5
U.S.C. 553). A comment recommending a rule change in addition to this
rule will not be considered a significant adverse comment unless the
comment also states why this rule would be ineffective without the
additional change.
    If FDA does not receive significant adverse comment, the Agency
will publish a document in the Federal Register confirming the
effective date of the final rule. The Agency intends to make the direct
final rule effective 30 days after publication of the confirmation
document in the Federal Register.
    A full description of FDA's policy on direct final rule procedures
may be found in a guidance document published in the Federal Register
of November 21, 1997 (62 FR 62466). The guidance document may be
accessed at http://www.fda.gov/RegulatoryInformation/Guidances/ucm125166.htm.

III. Analysis of Impacts

    HHS/FDA has examined the impacts of the final rule under Executive
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). The Agency believes that this final rule is not a significant
regulatory action under Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because the final rule imposes no duties or
obligations on small entities, the Agency certifies that the final rule
will not have a significant economic impact on a substantial number of
small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $136 million, using the most current (2010) Implicit
Price Deflator for the Gross Domestic Product. FDA does not expect this
final rule to result in any 1-year expenditure that would meet or
exceed this amount.

IV. Request for Comments

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

List of Subjects

21 CFR Part 21

    Privacy.

45 CFR Part 5b

    Privacy.

    Therefore, the Department of Health and Human Services is amending
21 CFR part 21 and 45 CFR part 5b to read as follows:

Title 21

PART 21--PROTECTION OF PRIVACY

0
1. The authority citation for 21 CFR part 21 continues to read as
follows:

    Authority:  21 U.S.C. 371; 5 U.S.C. 552, 552a.

0
2. Section 21.61 is amended by adding paragraph (d) to read as follows:

Sec.  21.61  Exempt systems.

* * * * *
    (d) Records in the following Food and Drug Administration Privacy
Act Records Systems are exempt under 5 U.S.C. 552a(k)(2) and (k)(5)
from the provisions enumerated in paragraph (a)(1) through paragraph
(3) of this section: FDA Records Related to Research Misconduct
Proceedings, HHS/FDA/OC, 09-10-0020.

Title 45

PART 5b--PRIVACY ACT REGULATIONS

0
3. The authority citation for 45 CFR part 5b continues to read as
follows:

    Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
0
4. Section 5b.11 is amended by adding paragraph (b)(2)(vii)(C) to read
as follows:

Sec.  5b.11  Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (vii) * * *
    (C) FDA Records Related to Research Misconduct Proceedings, HHS/
FDA/OC.
* * * * *

    Dated: July 20, 2012.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2012-20889 Filed 8-27-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: March 19, 2007 (Volume 72, Number 52)]
[Notices]
[Page 12791-12792]
[DOCID:fr19mr07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2197-073]

Alcoa Power Generating, Inc.; Notice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

March 13, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2197-073.
    c. Date Filed: April 25, 2006.
    d. Applicant: Alcoa Power Generating, Inc.
    e. Name of Project: Yadkin Hydroelectric Project.
    f. Location: On the Yadkin River, in Davidson, Davie, Montgomery,
Rowan, and Stanly Counties, North Carolina. The project does not occupy
any Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Gene Ellis, Licensing and Property
Manager, Alcoa Power Generating, Inc., Yadkin Division, P.O. Box 576,
North Carolina Highway 740, Badin, North Carolina 28009-0576; Telephone
(704) 422-5606.
    i. FERC Contact: Lee Emery,<PHONE_NUMBER>; or<EMAIL_ADDRESS>    j. The deadline for filing comments, recommendations, terms and
conditions, and prescriptions is 60 days from the issuance of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    All documents (original and eight copies) should be filed with:
Philis J. Posey, Acting Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Comments, recommendations, terms and conditions, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.

    k. This application has been accepted and is ready for
environmental analysis at this time.
    l. Project description: The existing Yadkin River Hydroelectric
Project consists of four developments: High Rock, Tuckertown, Narrows,
and Falls. The four developments are located on a 38-mile reach of the
Yadkin River 60 miles northeast of Charlotte in central North Carolina.
The High Rock development is the most upstream, with the Tuckertown,
Narrows, and Falls developments 8.7, 16.5, and 19.0 miles downstream
from the High Rock development, respectively. The four Yadkin
developments have a combined installed capacity of 210 megawatts (MW).
The project produces an average annual generation of 844,306 megawatt-
hours (MWh).
    The High Rock development includes the following constructed
facilities: (1) A 936-foot-long, 101-foot-maximum height concrete
gravity dam with (i) a 58-foot-long westerly non-overflow section, (ii)
a 550-foot-long gated spillway with ten 45-foot-wide, 30-foot-high
Stoney gates, and (iii) a 178-foot-long, 125-foot-high powerhouse
integral with the dam containing three vertical Francis turbine-
generating units with a total electric output of 32.2 MW; (2) a 14,400-
acre reservoir at 623.9 feet U.S. Geological Survey (USGS) normal pool
elevation, with 217,400 acre-feet of storage capacity; and (3)
appurtenant facilities. Alcoa proposes to refurbish and upgrade all
three generating units, install new aeration technology to increase
dissolved oxygen concentration and enhance water quality in the High
Rock tailwater, and revise the operating guide curve for the reservoir.
    The Tuckertown development includes the following constructed
facilities: (1) A 1,370-foot-long, 76-foot-maximum height concrete
gravity dam with (i) a 45-foot-long rock filled section, (ii) a 178-
foot-long right non-overflow section, (iii) a 481-foot-long gated
spillway section with eleven 35-foot-wide by 38-foot-high Tainter
gates, (iv) a 20-foot-long middle non-overflow section, (v) a 204-foot-
long, 115-foot-high powerhouse integral with the dam containing three
Kaplan turbine-generating units with a total electric output of 38 MW,
(vi) a 100-foot-long left non-overflow section and (vii) a 342-foot-
long rock filled section; (2) a 2,560-acre reservoir at 564.7 feet USGS
normal pool elevation, with 6,700 acre-feet of storage capacity; and
(3) appurtenant facilities. Alcoa proposes to refurbish and upgrade all
three

generating units and install new aeration technology to increase
dissolved oxygen concentration and enhance water quality in the
Tuckertown development tailwater.
    The Narrows development includes the following constructed
facilities: (1) A 1,144-foot-long, 201-foot-maximum height concrete
gravity dam with (i) a 366-foot-long non-overflow section, (ii) a 640-
foot-long gated main spillway with twenty-two 25-foot wide by 12-foot-
high Tainter gates, (iii) a 6-foot-long by 17-foot-high trash gate,
(iv) a 128-foot-long intake structure with four 20-foot by 20-foot
openings each with two vertical lift gates, (v) a 6-foot-long by 17-
foot-high trash gate, (vi) a 431-foot-long bypass spillway with ten 33-
foot-wide by 28-foot-high Stoney gates and (vii) a 90-foot-long non-
overflow section; (2) a 5,355-acre reservoir at a normal pool elevation
of 509.8 feet USGS with 129,100 acre-feet of storage capacity; (3) four
15-foot-diameter steel plate penstocks; (4) a 213-foot-long by 80-foot-
wide reinforced concrete and brick powerhouse located 280 feet
downstream of the dam and containing four vertical Francis turbine-
generators with a total installed capacity of 108 MW; (5) a 13.2-kV
transmission line approximately 1.9 miles long connecting the Narrows
development with Alcoa's Badin Works; and (6) appurtenant facilities.
Alcoa proposes to refurbish and upgrade generating units 1 and 3 and
install new aeration technology to increase dissolved oxygen
concentration and enhance water quality in the Narrows Development
tailwater.
    The Falls Development includes the following constructed
facilities: (1) A 748-foot-long, 112-foot-maximum height concrete
gravity dam consisting of: (i) A 189-foot-long, 130-foot-high
powerhouse integral with the dam containing one vertical Francis
turbine-generator and two Allis Chalmers vertical Propeller turbine-
generators with a total installed capacity of 31 MW, (ii) a 14-foot-
wide by 19-foot-high trash gate section, (iii) a 440-foot-long gated
spillway with ten 33-foot-wide by 34-foot-high Stoney gates, (iv) a 71-
foot-long Tainter gates section with one 25-foot-wide by 19-foot-high
and a 25-foot-wide by 14-foot-high gate, and (v) a 34-foot-long non-
overflow section; (2) a 204-acre reservoir at normal full pool
elevation of 332.8 feet USGS, with 760 acre-feet of storage capacity;
(3) a 100-kV transmission line approximately 2.7 miles long connecting
the Falls development with Alcoa's Badin Works; and (4) appurtenant
facilities. Alcoa proposes to refurbish and upgrade all three
generating units and plans to install new aeration technology to
increase dissolved oxygen concentration and enhance water quality in
the Falls Development tailwater provided it will be deemed necessary in
the future.
    Alcoa proposes to continue operating the High Rock development in a
store-and-release mode, and the Tuckertown, Narrows, and Falls
developments in a run-of-river mode. The High Rock development provides
storage for the downstream three developments. The Narrows development
also provides some storage during low flow conditions and emergencies.
The current average maximum annual drawdown for High Rock Reservoir is
12 to 15 feet, with drawdowns of 5 feet or less typical during the
summer months. At the other developments, the maximum annual drawdown
is 3 to 4 feet, with an average daily drawdown of up to 1 to 2 feet.
Alcoa currently releases a weekly average minimum flow of 900 cfs from
the Falls Development but has proposed to increase this minimum flow.
Several other proposed modifications to the project include: (1)
Revising the operating guide curve for High Rock reservoir; (2)
building 10 new campsites and improving portage trails and access to
existing recreation sites; and (3) creating a new swimming beach.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-4991 Filed 3-16-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 39036-39038]
[FR Doc No: 2013-15493]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69836; File No. SR-NYSEMKT-2013-37]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending its Listing
Standard for Reverse Merger Companies

June 24, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 11, 2013, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its listing standard for Reverse
Merger Companies set forth in Section 101(e) of the Exchange's Company
Guide to harmonize with requirements imposed by the Nasdaq Stock Market
(``Nasdaq'') and modify in one respect the circumstances under which a
reverse merger company may be eligible to list under the rule.
    The text of the proposed rule change is available on the Exchange's
Web site at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE MKT proposes to amend its listing standard for Reverse Merger
Companies set forth in Section 101(e) of the Exchange's Company Guide
to harmonize with requirements imposed by Nasdaq and modify in one
respect the circumstances under which a Reverse Merger Company may be
eligible to list under the rule.
    Section 101(e) of the Company Guide defines a Reverse Merger
Company and establishes initial listing standards for Reverse Merger
Companies.\4\ Among

other requirements Section 101(e) provides that a Reverse Merger
Company is eligible to list on the Exchange only if it has timely filed
with the Securities and Exchange Commission (``Commission'') all
required reports since the consummation of the Reverse Merger,
including the filing of at least one annual report containing all
required audited financial statements for a full fiscal year commencing
on a date after the date of filing with the Commission of the Form 8-K
or Form 20-F containing all of the information required by Item 2.01(f)
of Form 8-K, including all required audited financial statements (the
``Reverse Merger Form 8-K'').\5\ In contrast, Nasdaq Marketplace Rule
5110(c) provides that a Reverse Merger Company may list if it has filed
all required reports since the consummation of the Reverse Merger,
including the timely filing of all required reports for the immediately
preceding 12 months and the filing of at least one annual report
containing all required audited financial statements for a full fiscal
year commencing on a date after the date of filing with the Commission
of the Reverse Merger Form 8-K. The Exchange proposes to harmonize its
rule with Nasdaq Marketplace Rule 5110(c), and modify Section 101(e) to
provide that a Reverse Merger Company may list if it has filed all
required reports since the Reverse Merger, including (i) the filing of
at least one annual report containing all required audited financial
statements for a full fiscal year commencing on a date after the date
of filing with the Commission of the Reverse Merger Form 8-K and (ii)
the timely filing of all required reports for the most recent 12-month
period prior to the listing date including at least one annual report
containing all required audited financial statements. The Exchange
believes that investors are sufficiently protected if a Reverse Merger
Company is current in its filings at the time of listing and has
demonstrated its ability to timely file its reports over a period of 12
months.\6\ The Exchange does not believe that it a Reverse Merger
Company should be ineligible for listing on the basis that it had a
filing delinquency more than 12 months earlier that has subsequently
been cured.
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    \4\ For purposes of Section 101(e), a ``Reverse Merger Company''
is a company formed by means of a ``Reverse Mergers.'' A ``Reverse
Merger'' is defined as any transaction whereby an operating company
becomes an Exchange Act reporting company by combining directly or
indirectly with a shell company which is an Exchange Act reporting
company, whether through a reverse merger, exchange offer, or
otherwise. However, a Reverse Merger does not include the
acquisition of an operating company by a listed company which
qualified for initial listing under Section 119. In determining
whether a company is a shell company, the Exchange will consider,
among other factors: whether the Company is considered a ``shell
company'' as defined in Rule 12b-2 under the Exchange Act; what
percentage of the company's assets are active versus passive;
whether the company generates revenues, and if so, whether the
revenues are passively or actively generated; whether the company's
expenses are reasonably related to the revenues being generated; how
many employees work in the company's revenue-generating business
operations; how long the company has been without material business
operations; and whether the company has publicly announced a plan to
begin operating activities or generate revenues, including through a
near-term acquisition or transaction.
    \5\ A Reverse Merger Company must also meet all other applicable
listing requirements to be eligible for listing.
    \6\ The Exchange notes that Section 101(e) in its current form
provides for two circumstances in which a Reverse Merger Company may
list notwithstanding the fact that it has not made all required
filings on a timely basis for the previous 12 months, provided that
it is not delinquent in its filing obligations at the time of
listing. First, a Reverse Merger Company will not be subject to the
requirements of Section 101(e) if it is listing in connection with a
firm commitment underwritten public offering where the proceeds to
the Reverse Merger Company will be at least $40,000,000 and the
offering is occurring subsequent to or concurrently with the Reverse
Merger. In addition, a Reverse Merger Company that has filed at
least four annual reports with the Commission, which each contain
all required audited financial statements for a full fiscal year
commencing after filing the Reverse Merger Form 8-K, will not be
subject to the requirements of Section 101(e), other than the
requirement that its common stock has traded for at least one year
in the U.S. over-the-counter market, on another national securities
exchange or on a regulated foreign exchange following the
consummation of the Reverse Merger. However, such companies will be
required to (i) comply with the applicable stock price requirement
of Section 102(b) at the time of each of the filing of the initial
listing application and the date of the Reverse Merger Company's
listing and (ii) not be delinquent in their filing obligations with
the Commission. In either of the cases described in this paragraph,
the Reverse Merger Company will only need to meet the requirements
of one of the financial initial listing standards in Section 101(a)
in addition to all other applicable non-financial listing standard
requirements, including, without limitation, the requirements of
Sections 102(a) and 102(b) and the applicable requirements of
Chapter 8 of the Company Guide.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \7\ of the Securities Exchange Act of 1934 (the
``Act''),\8\ in general, and furthers the objectives of Section 6(b)(5)
of the Act,\9\ in particular in that it is designed to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange believes that
the proposed amendment is consistent with the investor protection
objectives of Section 6(b)(5) because any company listing under the
proposed amended rule will still need to be current in its filings with
the Commission and will have demonstrated its ability to remain timely
in its filings for at least the previous 12 months. Moreover, the
proposed amendment will foster cooperation and coordination with
persons engaged in regulating transactions in securities by harmonizing
the Exchange's listing requirements in this regard with those of
Nasdaq.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78a.
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition. The proposed amendment may
potentially increase the competition for the listing of Reverse Merger
Companies, as it will eliminate a discrepancy between the applicable
listing requirements of the Exchange and those of Nasdaq and therefore
enable the Exchange to list Reverse Merger Companies that are currently
qualified to list on Nasdaq but not on the Exchange.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) \10\ of the Act and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, of consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6)\12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the

Commission shall institute proceedings under Section 19(b)(2)(B)\14\ of
the Act to determine whether the proposed rule change should be
approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2013-37 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2013-37. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSEMKT-2013-37 and
should be submitted on or before July 19, 2013.
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    \15\ 17 CFR 200.30-3(a)(12).

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15493 Filed 6-27-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Notices]
[Page 61796]
[DOCID:fr26oc05-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER03-428-004]

ConocoPhillips Company; Notice of Filing

October 18, 2005.
    Take notice that on September 22, 2005, ConocoPhillips Company
tendered for filing an amended triennial market power analysis of
ConocoPhillips and proposed tariff revisions.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 28, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5917 Filed 10-25-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32838-32839]
[FR Doc No: 2017-15003]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0002]

Hospira, Inc. et al.; Withdrawal of Approval of 44 New Drug
Applications and 158 Abbreviated New Drug Applications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of October 4, 2016 (81 FR 68427).
The document announced the withdrawal of approval of 44 new drug
applications and 158 abbreviated new drug applications (ANDAs) from
multiple applicants, effective November 3, 2016. The document
inadvertently announced withdrawal of approval for the following two
ANDAs: ANDA 074123 for Pindolol Tablets, held by G&W Laboratories,
Inc., 111 Coolidge St., South Plainfield, NJ 07080; and ANDA 080828 for
Hydrocortisone Acetate Ophthalmic Ointment USP, held by Fera
Pharmaceuticals LLC, 134 Birch Hill Rd., Locust Valley, NY 11560. FDA
confirms that the approval of ANDAs 074123 and 080828 is still in
effect.

FOR FURTHER INFORMATION CONTACT: Florine Purdie, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: In the Federal Register of Tuesday, October
4, 2016, appearing on page 68427 in FR Doc. 2016-23893, the following
corrections are made:
    1. On page 68429, in table 1, the entry for ANDA 074123 is removed.
    2. On page 68431, in table 1, the entry for ANDA 080828 is removed.

    Dated: July 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-15003 Filed 7-17-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Page 52536]
[FR Doc No: 2013-20541]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0835]

Withdrawal of Approval of New Animal Drug Applications;
Diethylcarbamazine; Nicarbazin; Penicillin; Roxarsone

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of three new animal drug applications (NADAs) at the sponsors' request
because the products are no longer manufactured or marketed.

DATES: Withdrawal of approval is effective September 3, 2013.

FOR FURTHER INFORMATION CONTACT: David Alterman, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Phibro Animal Health Corp., 65 Challenger
Rd., 3d Floor, Ridgefield Park, NJ 07660 has requested that FDA
withdraw approval of NADA 098-371 for use of nicarbazin, penicillin,
and roxarsone in 3-way, combination drug Type C medicated feeds for
broiler chickens and NADA 098-374 for use of nicarbazin and penicillin
in 2-way, combination drug Type C medicated feeds for broiler chickens
because the products are no longer manufactured or marketed.
    R. P. Scherer North America, P.O. Box 5600, Clearwater, FL 33518
has requested that FDA withdraw approval of NADA 123-116 for
Diethylcarbamazine Citrate Capsules used in dogs for the prevention of
heartworm disease because the product is no longer manufactured or
marketed.
    Therefore, under authority delegated to the Commissioner of Food
and Drugs and redelegated to the Center for Veterinary Medicine, and in
accordance with Sec.  514.116 Notice of withdrawal of approval of
application (21 CFR 514.116), notice is given that approval of NADA
098-371, NADA 098-374, and NADA 123-116, and all supplements and
amendments thereto, is hereby withdrawn.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the withdrawal of approval of
these applications.

    Dated: August 19, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013-20541 Filed 8-22-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53093]
[FR Doc No: 2021-20669]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4492-DR; Docket ID FEMA-2021-0001]

South Carolina; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4492-DR), dated March 27, 2020,
and related determinations.

DATES: This amendment was issued August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated March 27, 2020 for the State of South Carolina is hereby amended
to include the Hazard Mitigation Grant Program.

    All areas within the State of South Carolina are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20669 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P