[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11788-11789]
[FR Doc No: 2011-4740]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0098]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Infant Formula Label Statements Experimental Study

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on a study entitled ``Infant Formula Label
Statements Experimental Study.''

DATES: Submit either electronic or written comments on the collection
of information by May 2, 2011.

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

FOR FURTHER INFORMATION CONTACT: Denver Presley, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER>.

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

Infant Formula Label Statements Experimental Study--(OMB Control Number
0910-NEW)

    FDA is planning to conduct an experimental study about certain
types of label statements on infant formula, such as those that are
either structure function claims or similar to such claims. An example
of the type of statements that are of interest is: ``Supports brain and
eye development.'' The Infant Formula Label Statements Experimental
Study will collect information from four groups: Pregnant women,
mothers of infants less than 12 months old, mothers of children older
than 1 year but younger than 5 years old, and women of childbearing age
who do not have a child younger than 5 years. The purpose of the study
is to assess women's understanding of and response to various
statements on infant formula labels. The study results will be used to
help the Agency to understand the role that certain types of statements
on infant formula labels have in influencing formula choice.
    The data will be collected over the Internet from a sample of 5,000
adult women selected from an online consumer panel. Participants will
be randomly assigned to an experimental condition. The study will show
participants one of five explanations of the regulatory, scientific, or
marketing context (or none of these) of infant formula marketing in the
United States and will ask them to compare two sets of two experimental
infant formula labels. One label will always be a control label with no
statement similar to a structure function claim. The other label will
include one of the statements of interest to the study. The study will
focus on purchase choice, perceived similarity of the formula to breast
milk, and perceived likelihood that the formula has certain health
benefits. In addition, information about certain covariates will be
collected, depending on the group the participant is in. Covariate
information will include, as appropriate, month of pregnancy, plans for
feeding the infant, number of children, age of youngest child, whether
the youngest child was fed infant formula, whether the youngest child
was ever breast fed, whether the mother bought infant formula for her
youngest child, priorities used to select the formula purchased, and
attitudes about the differences between breast milk and formula.
Participation in the study is voluntary.
    Approximately 10,000 women will be screened. We estimate that it
will take a respondent 20 seconds (0.0055 hours) to complete the
screening questions, for a total of 55 hours. A pretest will be
conducted with 150 participants. We estimate that it will take a
respondent 15 minutes (0.25 hours) to complete the experiment and 10
minutes (0.167 hours) to complete debriefing questions for the pretest,
for a total of 25 minutes (0.42 hours) per respondent and a total of 63
hours for the pretest. Five thousand (5,000) adult women will complete
the experiment. We estimate that it will take a respondent 15 minutes
(0.25 hours) to complete the entire experiment, for a total of 1,250
hours. Thus, the total estimated burden is 1,368 hours. FDA's burden
estimate is based on prior experience with consumer experiments that
are similar to this proposed experiment.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
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                                                       Annual
         Portion of study             Number of     frequency per   Total annual     Hours per      Total hours
                                     respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
Screener.........................          10,000               1          10,000         0.0055              55
Pretest..........................             150               1             150         0.42                63
Experiment.......................           5,000               1           5,000         0.25             1,250
                                  ------------------------------------------------------------------------------
    Total........................  ..............  ..............  ..............  .............           1,368
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: February 25, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-4740 Filed 3-2-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: February 28, 2006 (Volume 71, Number 39)]
[Notices]
[Page 10090-10093]
[DOCID:fr28fe06-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53333; File No. SR-NASD-2006-011]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change and Amendment
No. 1 Thereto Relating to Principal Pre-Use Approval of Member
Correspondence to 25 or More Existing Retail Customers Within a 30
Calendar-Day Period

February 17, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 27, 2006, the National Association of Securities Dealers,
Inc. (``NASD'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASD. On
February 13, 2006, NASD filed Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice to solicit comments
on the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 to SR-NASD-2006-011 replaced and superseded
the original rule filing filed on January 27, 2006 in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASD is proposing to amend NASD Rule 2211 to require principal pre-
use approval of member correspondence to 25 or more existing retail
customers within a 30 calendar-day period. Below is the text of the
proposed rule change. Proposed new language is italicized; proposed
deletions are in [brackets].
2211. Institutional Sales Material and Correspondence
    (a) No Change.
    (b) Approval and Recordkeeping
    (1) Registered Principal Approval
    (A) Correspondence. Correspondence need not be approved by a
registered principal prior to use, [but] unless such correspondence is
distributed to 25 or more existing retail customers within any 30
calendar-day period and is not solely and exclusively clerical or
ministerial in nature. All correspondence is subject to the supervision
and review requirements of Rule 3010(d).
    (B) No Change.
    (2) No Change.
    (c) through (e) No Change.
* * * * *

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

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

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

1. Purpose

Definition of ``Correspondence''

    In 2003, the SEC approved as part of NASD's modernization of its
advertising rules the creation of new Rule 2211, which included an
amended definition of ``correspondence.'' The amended definition of
correspondence includes any written letter or electronic mail message
distributed by a firm to one or more of its existing retail customers
and to fewer than 25 prospective retail customers within a 30 calendar-
day period.\4\ Previously, ``correspondence'' included any written or
electronic communication prepared for delivery to a single current or
prospective customer, and not for dissemination to multiple customers
or the general public.
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    \4\ NASD has clarified that, for purposes of its rules governing
member communications with the public, NASD views instant messaging
in the same manner in which it views traditional electronic mail
messages. Accordingly, instant messaging may qualify as
correspondence or sales literature, depending upon the facts and
circumstances. See Notice to Members 03-33 (July 2003).
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    The definition of correspondence is significant in several
respects. Firms generally are not required to have a registered
principal approve correspondence prior to use, nor are they required to
file correspondence with the NASD Advertising Regulation

Department (``Department'').\5\ In addition, correspondence is subject
to fewer content restrictions than advertisements and sales literature.
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    \5\ NASD Rule 3010(d)(2) requires each member to develop written
procedures that are appropriate to its business, size, structure,
and customers for the review of incoming and outgoing correspondence
with the public relating to its investment banking or securities
business. Where such procedures do not require review of all
correspondence prior to use or distribution, they must include
provision for the education and training of associated persons as to
the firm's procedures governing correspondence, documentation of
such education and training, and surveillance and follow-up to
ensure that such procedures are implemented and adhered to.
---------------------------------------------------------------------------

    NASD amended the definition in order to provide firms with more
flexibility regarding the supervision of certain e-mails and form
letters. However, NASD understands that many firms continue to require
registered principal pre-use approval of some correspondence.
    NASD has found that some member correspondence to multiple existing
customers raises the same regulatory concerns as member advertisements
and sales literature, despite the fact that it is not required to be
filed with NASD or approved by a principal prior to use. In contrast,
had these types of form letters been sent to at least 25 prospective
retail customers, such correspondence would have required both
registered principal pre-use approval and filing with the Department.
As a result, NASD believes it no longer should apply the principal pre-
use approval requirement differently to non-clerical correspondence
sent to prospective and existing retail customers.

Proposed Amendment

    NASD is proposing to amend Rule 2211 to require registered
principal pre-use approval of any non-clerical correspondence sent to
25 or more existing retail customers within any 30 calendar-day period.
Non-clerical correspondence with such a wide distribution often will
constitute a solicitation to purchase or sell a security or to use a
brokerage service. Registered principal pre-use approval would better
ensure that this material complies with applicable standards of the
advertising rules before reaching current or prospective customers.
Since many firms already require registered principal pre-use approval
of such correspondence, NASD believes the benefits of the proposed
requirement outweigh any additional burden on members.
    NASD does not propose to require that this correspondence be filed
with the Department or that it be subject to all of the content
standards of the advertising rules. NASD recognizes that correspondence
with existing retail customers may not require the same level of
investor protection as correspondence to prospective retail customers.
Of course, a firm may choose to file this correspondence with the
Department to better ensure that it complies with applicable standards,
particularly when the correspondence promotes the firm's products or
services.
    NASD will announce the effective date of the proposed rule change
in a Notice to Members to be published no later than 30 days following
Commission approval. The effective date will be 90 days following
publication of the Notice to Members announcing Commission approval.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that NASD rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. NASD believes that requiring that a principal approve
prior to use any non-clerical correspondence that is sent to 25 or more
existing retail customers will protect investors and the public
interest. In particular, this proposed rule change will help prevent
fraudulent or misleading communications from reaching a widespread
retail audience by requiring principals to review non-clerical
correspondence sent to a large number of investors prior to use.
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    \6\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASD does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The proposed rule change was published for comment in NASD Notice
to Members 05-27 (April 2005). NASD received eleven comments in
response to the Notice.\7\
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    \7\ Letter from Association of Registration Management (``ARM'')
dated May 25, 2005; Letter from Cutter & Company, Inc. (``Cutter''),
dated May 27, 2005; Letter from Frank Dealy dated April 21, 2005;
Letter from Edward D. Jones & Co., LP (``Edward Jones''), dated May
27, 2005; Letter from the Financial Services Institute (``FSI'')
dated May 27, 2005; Letter from Fintegra, LLC (``Fintegra''), dated
April 14, 2005; Letter from Investment Company Institute (``ICI'')
dated May 27, 2005; Letter from Jefferson Pilot Securities
Corporation (``Jefferson Pilot'') dated May 27, 2005; Letter from
Krieger-Campbell, Incorporated (``Krieger-Campbell'') dated May 20,
2005; Letter from UBS Financial Services Inc. (``UBS'') dated May
27, 2005; and Letter from Wulff, Hansen & Co. (``Wulff Hansen'')
dated April 14, 2005.
---------------------------------------------------------------------------

    There were two primary comments on the proposal. First, several
commenters inquired as to what type of principal registration would be
required to approve correspondence prior to use. Second, a number of
commenters argued that the proposal should not require principal pre-
use approval for correspondence that is solely clerical or ministerial
in nature.\8\ There were also a number of other miscellaneous questions
and comments regarding the proposal.
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    \8\ The version of the proposed rule change that was published
for comment in Notice to Members 05-27 did not contain an exception
from the principal pre-use approval requirement for correspondence
that is solely and exclusively clerical or ministerial in nature.
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Principal Qualifications

    The proposed rule would require a registered principal to approve
prior to use any correspondence that is distributed to 25 or more
existing retail customers within any 30 calendar-day period. Notice to
Members 05-27 did not indicate, however, whether a particular principal
registration would be required in order to fulfill this duty. ARM,
Edward Jones and UBS inquired as to whether, among other principal
exams, a Limited Principal--General Securities Sales Supervisor
(formerly Series 8 and now Series 9/10) could perform this function
under the proposed rule. In particular, ARM and UBS noted that NASD
does not accept the General Securities Sales Supervisor exam as
satisfying the principal qualification requirement for approval of
advertisements under Rule 2210.\9\
---------------------------------------------------------------------------

    \9\ See Rule 1022(g)(2)(C)(iii).
---------------------------------------------------------------------------

    Commenters also noted that while branch managers often possess only
the General Securities Sales Supervisors principal registration and are
not registered as General Securities Principals (Series 24), they
typically supervise correspondence as required by Rule 3010. Commenters
argued that a branch manager is best qualified to supervise
correspondence at the branch office level and that to require these
branch managers to obtain a General Securities Principal registration
would be enormously burdensome.
    NASD agrees that the General Securities Sales Supervisor
registration category is sufficient to meet the proposal's requirements
for pre-use

approval of correspondence sent to 25 or more existing retail customers
within a 30 calendar-day period. NASD already interprets Rule 3010 to
permit General Securities Sales Supervisors to supervise correspondence
in accordance with that rule's provisions. Accordingly, NASD would
interpret the proposed rule change to permit a General Securities Sales
Supervisor (formerly Series 8 and now Series 9/10) to approve
correspondence prior to use.

Administrative and Clerical Correspondence

    Edward Jones and Wulff Hansen both commented that, if NASD intends
to go forward with the proposal, the principal pre-use approval
requirement should not apply to correspondence that is solely of an
administrative, service or clerical nature. Similarly, the FSI and
Jefferson Pilot argue that the principal pre-use approval requirements
should not apply to correspondence unless it contains a recommendation
to buy or sell a security or service. In support of this change,
commenters argued that there is little need for heightened investor
protection measures when correspondence concerns such matters as
reorganization notices, stock dividend details, notices of office
closings or extended hours, and the like. Edward Jones pointed out that
the New York Stock Exchange employs a content-oriented definition of
``sales literature.''\10\ Wulff Hansen also noted that NASD Rule 1060
does not require registration for persons associated with a member
whose functions are solely and exclusively clerical and ministerial.
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    \10\ See NYSE Rule 472.10(5) (defining sales literature as any
written or electronic communication ``discussing or promoting the
products, services, and facilities offered by a member or member
organization'').
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    NASD agrees that correspondence the content of which is solely
clerical or ministerial does not raise the same investor protection
issues as correspondence that is non-administrative in nature, such as
correspondence that promotes a member product or service. Accordingly,
NASD has modified the proposed rule language to exclude from the
principal pre-use approval requirement correspondence that is solely
and exclusively clerical or ministerial in nature.

Other Comments

    The ICI supported the proposal on the ground that it strikes a
reasonable regulatory balance by requiring principal approval for some
correspondence without placing an undue burden on members by requiring
the filing of correspondence with the Department. Fintegra noted that
it supports the proposal as long as members are not required to file
correspondence with NASD. NASD confirms that the proposal would not
impose new filing requirements for correspondence.
    Cutter noted that NASD has taken the position under Rule 2711 that
a communication that is distributed to 15 or more persons and includes
an analysis of equity securities of individual companies or industries,
and that provides information reasonably sufficient upon which to base
an investment decision, is deemed to be a research report. Cutter
argued that, if the proposed principal pre-use approval requirement is
adopted, the numerical thresholds for determining when principal pre-
use approval is required under Rule 2211 and when a communication is
deemed a research report under Rule 2711 should be the same (i.e., 25
or more persons).
    While NASD recognizes different numerical thresholds for different
rules may present a compliance challenge, Rule 2211 serves a different
purpose than Rule 2711. In addition, the 15-person threshold under Rule
2711 was derived from SEC Regulation Analyst Certification, which also
deals with research reports. Moreover, NASD has not proposed to amend
Rule 2711 as part of this rule filing.
    Cutter, the FSI and Jefferson Pilot all commented that, if there is
a problem with misleading correspondence to retail customers, a better
approach would be to require heightened supervision for firms that have
a history of correspondence compliance problems. The FSI argued that
the burdens that the proposal would impose on members do not justify
its adoption. Similarly, Krieger-Campbell commented that the proposal
could have unintended consequences, such as holding up member
communications regarding a Regulation D private placement offering.
Additionally, Edward Jones and Jefferson Pilot argued that the current
correspondence definition has not been in place long enough to justify
requiring principal pre-use approval for correspondence sent to 25 or
more existing retail customers.
    While NASD recognizes that there are other possible approaches to
address potentially misleading correspondence and that the proposal may
impose additional compliance costs on some members, NASD believes that
requiring principal pre-use approval of correspondence sent to 25 or
more existing retail customers is a more proactive and effective means
of preventing the distribution of potentially misleading correspondence
to large numbers of customers. In addition, the current rule and the
heightened supervision approach do not address the investor protection
dichotomy that exists between current and prospective retail customers.
    The FSI and Jefferson Pilot argued that the proposal would inhibit
the transmission of time-sensitive e-mails to existing retail
customers, such as those alerting customers of significant market news.
NASD believes that these types of communications, which often urge
customers to buy or sell securities on a short-term basis, are
precisely the types of communications that require principal review.
Accordingly, NASD does not favor amending the proposal for this reason.
    The FSI also states in its comment letter that ``NASD staff has
advised the Institute that they will not interpret the proposed rule as
written'' and instead will apply the rule only to form letters and
other correspondence with identical content sent by one or more
registered representatives in the same office. This comment is
misguided. The rule proposal is intended to apply to any non-clerical
correspondence, including emails, sent to 25 or more existing customers
over a 30-calendar-day period, and NASD intends to enforce the rule
accordingly if approved in its current form.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-011 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2006-011. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. 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-NASD-2006-011 and should be submitted on or before March 21, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-2766 Filed 2-27-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46757-46758]
[DOCID:fr11se09-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6901-059]

City of Martinsville, WV; Notice of Application for Surrender of
License and Soliciting Comments, Motions To Intervene, and Protests

September 3, 2009.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Surrender of License.
    b. Project No.: 6901-059.
    c. Date Filed: August 19, 2009.
    d. Applicant: City of New Martinsville, West Virginia.
    e. Name of Project: New Cumberland Hydroelectric Project.
    f. Location: The unconstructed project was to be located at the
U.S. Army Corps of Engineers' New Cumberland Locks and Dam on the Ohio
River in Hancock County, West Virginia and Jefferson County, Ohio.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: City of New Martinsville, Attn: Lucille Blum,
Mayor, 191 Main Street, New Martinsville, WV 26155; Telephone (304)
455-9120 and e-mail<EMAIL_ADDRESS>    i. FERC Contact: Diane M. Murray, Telephone<PHONE_NUMBER> and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 5, 2009. Comments, motions to intervene, and protests
may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings, please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp.
    k. Description of Request: The licensee filed an application to
surrender its license for the unconstructed New Cumberland
Hydroelectric Project. The Licensee has not commenced construction of
the project. No ground disturbing activities have occurred.
    l. Locations of the Application: A copy of the application is
available for

inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by
calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's 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. 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, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21861 Filed 9-10-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21471-21472]
[FR Doc No: 2017-09316]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2006-24981; Amdt. Nos. 61-138A, 91-344A, and 135-134A]
RIN 2120-AK63

MU-2B Series Airplane Training Requirements Update; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The FAA is correcting a final rule published on September 7,
2016. In that rule, the FAA amended its regulations to relocate and
update the content of SFAR No. 108 to the newly created subpart N of
part 91 in order to improve the safety of operating the Mitsubishi
Heavy Industries (MHI) MU-2B series airplane. This document corrects
two errors in the codified text of the final rule.

DATES: Effective May 9, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Joseph Hemler, Commercial Operations Branch,
Flight Standards Service, AFS-820, Federal Aviation Administration, 55
M Street SE., 8th floor, Washington, DC 20003-3522; telephone (202)
267-1100; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2016, the FAA published a final rule entitled,
``MU-2B Series Airplane Training Requirements Update'' (81 FR 61583).
In that final rule, the FAA amended its regulations to relocate and
update the content of SFAR No. 108 to the newly created subpart N of
part 91 in order to improve the safety of operating the MHI MU-2B
series airplane. The FAA relocated the training program from the SFAR
No. 108 appendices to advisory material in order to allow the FAA to
update policy while ensuring significant training adjustments still go
through notice-and-comment rulemaking. The FAA also corrected and
updated several inaccurate maneuver profiles to reflect

current FAA training philosophy and added new FAA procedures not
previously part of the MU-2B training under SFAR No. 108. The final
rule required all MU-2B training programs to meet the requirements of
subpart N of part 91 and to be approved by the FAA to ensure safety is
maintained.
    After the final rule was published, the FAA discovered an error in
the regulatory text of the rule. The FAA was also notified that the
publisher of the MHI MU-2B Checklists, which were incorporated by
reference in the final rule, changed on March 31, 2017. Because the
publisher's contact information is codified in Sec.  91.1721(b), the
regulatory text of paragraph (b) was incorrect as of March 31, 2017.
These errors, and the corresponding corrections, are as follows:

Corrections

1. Takeoff and Landing Currency Requirements in Sec.  91.1715(a)

    Section 91.1715(a) currently reads, in part, ``takeoff landing
currency requirements.'' The FAA is adding the word ``and'' to correct
an inadvertent omission in the regulation.

2. Publisher's Contact Information in Sec.  91.1721(b)

    The MHI MU-2B Cockpit Checklists are incorporated by reference in
Sec.  91.1721. Section 91.1721(b) contains the contact information of
the company who publishes these checklists. When the final rule was
published, Turbine Aircraft Services, Inc. (TAS) was contracted by
Mitsubishi Heavy Industries America, Inc. (MHIA) to print and
distribute the MU-2B Cockpit Checklists. Therefore, Sec.  91.1721(b)
currently contains TAS's contact information. The FAA was notified,
however, that beginning on March 31, 2017, MHIA will be responsible for
printing and distributing the MU-2B Cockpit Checklists. This correction
document updates the contact information in Sec.  91.1721(b) to reflect
the new publisher.
    Because these amendments are technical in nature and result in no
substantive changes, the FAA finds that the notice and public
procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason,
the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the
amendments effective in less than 30 days.

List of Subjects in 14 CFR Part 91

    Aircraft, Airmen, Airports, Aviation safety, Freight, Incorporation
by reference, Reporting and recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration corrects chapter I of title 14, Code of Federal
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation (61 Stat. 1180), (126
Stat. 11).

0
2. Revise paragraph (a) of Sec.  91.1715 to read as follows:

Sec.  91.1715  Currency requirements and flight review.

    (a) The takeoff and landing currency requirements of Sec.  61.57 of
this chapter must be maintained in the Mitsubishi MU-2B series
airplane. Takeoff and landings in other multiengine airplanes do not
meet the takeoff and landing currency requirements for the Mitsubishi
MU-2B series plane. Takeoff and landings in either the short-body or
long-body Mitsubishi MU-2B model airplane may be credited toward
takeoff and landing currency for both Mitsubishi MU-2B model groups.
* * * * *

0
3. In Sec.  91.1721, revise the introductory text of paragraph (b) to
read as follows:

Sec.  91.1721  Incorporation by reference.

* * * * *
    (b) Mitsubishi Heavy Industries America, Inc., 4951 Airport
Parkway, Suite 530, Addison, TX 75001.
* * * * *

    Issued under authority provided by (consult AGC) 49 U.S.C.
106(f), 44701(a), and 44703 in Washington, DC, on May 2, 2017.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2017-09316 Filed 5-8-17; 8:45 am]
BILLING CODE 4910-13-P


ENCLOSURE 2

PUBLIC PARTICIPATION CERTIFICATION

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR
Part 51, the following information regarding public participation
activities and compliance with state administrative procedures is
provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the
opportunity to submit written comments concerning a proposed revision to
the Commonwealth of Virginia State Implementation Plan was held from
September 1 to 30, 2008.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was
given notice of the public comment period in the Harrisonburg Daily News
Record, along with the location of the proposal for public inspection,
on October 15, 2009.  The notice included procedures to afford the
public the opportunity to request that a hearing be held pursuant to 40
CFR 51.102(a); no such request was received. The attached copy of the
notice provides the evidence required by Section 2.1(f) of Appendix V of
40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency
was notified of the public comment period. This notification follows the
requirements of 40 CFR Part 51.102(d)(3).  As provided in 40 CFR
51.302(b)(2), the federal land managers (FLMs) were given the
opportunity to comment on this permit on January 15, 2009.  The National
Park Service provided comments on March 2, 2009; DEQ responded to the
comments in a letter dated September 22, 2009.  No meeting was
requested.  This information regarding FLM consultation was provided in
the public hearing notice.

The complete record of the hearings, along with any testimony received
and responses thereto, is located at the Air Division of the Department
of Environmental Quality.  The department contact to access this
information is the Director, Air Division.  A summary of the testimony
received and responses thereto is attached.

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the
permit was issued by the Department of Environmental Quality on December
28, 2009, to be effective that same day.  The statement of authority and
procedures followed for approval and issuance of the permit and the
signature of the Regional Director on the permit are included in
Attachment A to Enclosure 1, providing the evidence required by Section
2.1(b) and (e) of Appendix V of 40 CFR Part 51.  As required by Section
2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual permit
submitted for approval and incorporation by reference into the
Commonwealth of Virginia State Implementation Plan is included in
Attachment A to Enclosure 1.

TEMPLATES\SOURCE-SPECIFIC\PLN02

SRCESPEC\O-N MINERALS\ONM-SIP-2.DOC


[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Page 10320]
[FR Doc No: 2023-03452]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2014-0526; FRL-10666-01-ORD]

Availability of the Protocol for the Ethylbenzene IRIS Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing a 30-
day public comment period associated with release of the document,
Protocol for the Ethylbenzene IRIS Assessment. This document
communicates the rationale for conducting the Integrated Risk
Information System (IRIS) assessment of ethylbenzene, describes
screening criteria to identify relevant literature, outlines the
approach for evaluating study quality, and describes the methods for
dose-response analysis.

DATES: The 30-day public comment period begins February 17, 2023 and
ends March 20, 2023. Comments must be received on or before March 20,
2023.

ADDRESSES: The Protocol for the Ethylbenzene IRIS Assessment will be
available via the internet on the IRIS website at https://www.epa.gov/iris and in the public docket at http://www.regulations.gov, Docket ID:
EPA-HQ-ORD-2014-0526.

FOR FURTHER INFORMATION CONTACT: For information on the docket, contact
the ORD Docket at the EPA Headquarters Docket Center; email:
[email protected].
    For technical information on the protocol, contact Mr. Dahnish
Shams, Center for Public Health & Environmental Assessment; 202-564-
2758; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information on the IRIS Program and Systematic Review
Protocols

    EPA's Integrated Risk Information System (IRIS) Program is a human
health assessment program that evaluates quantitative and qualitative
information on effects that may result from exposure to chemicals found
in the environment. Through the IRIS Program, EPA provides high quality
science-based human health assessments to support the Agency's
regulatory activities and decisions to protect public health.
    As part of developing a draft IRIS assessment, EPA presents a
methods document, referred to as the protocol, for conducting a
chemical-specific systematic review of the available scientific
literature. EPA is seeking public comment on components of the protocol
including the described strategies for literature searches, criteria
for study inclusion or exclusion, considerations for evaluating study
methods, information management for extracting data, approaches for
synthesis within and across lines of evidence, and methods for
derivation of toxicity values. The protocol serves to inform the
subsequent development of the draft IRIS assessment. EPA may update the
protocol based on the evaluation of the literature, and any updates
will be posted to the docket and on the IRIS website.

II. How To Submit Technical Comments to the Docket at https://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2014-
0526 for Ethylbenzene, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: [email protected].
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. The phone number is<PHONE_NUMBER>.
    For information on visiting the EPA Docket Center Public Reading
Room, visit https://www.epa.gov/dockets. The telephone number for the
Public Reading Room is<PHONE_NUMBER>. The public can submit comments via
www.regulations.gov or email.
    Instructions: Direct your comments to docket number EPA-HQ-ORD-
2014-0526 for ethylbenzene. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the closing date will be marked ``late,'' and may only be considered if
time permits. It is EPA's policy to include all comments it receives in
the public docket without change and to make the comments available
online at https://www.regulations.gov, including any personal
information provided, unless a comment includes information claimed to
be Confidential Business Information (CBI) or other information for
which disclosure is restricted by statute. Do not submit information
through https://www.regulations.gov or email that you consider to be
CBI or otherwise protected. The https://www.regulations.gov website is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Docket: Documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or as a hard copy at the ORD Docket in
the EPA Headquarters Docket Center.

    Dated: February 9, 2023.
Wayne Cascio,
Director, Center for Public Health & Environmental Assessment.
[FR Doc. 2023-03452 Filed 2-16-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 30, 2009 (Volume 74, Number 209)]
[Proposed Rules]
[Page 56138-56140]
[DOCID:fr30oc09-22]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1015; Directorate Identifier 2009-CE-039-AD]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. PA-28, PA-32, PA-
34 and PA-44 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Piper Aircraft, Inc. (Piper) PA-28, PA-32, PA-34 and PA-44
series airplanes. This proposed AD would require an inspection of the
control wheel shaft for both the pilot and copilot sides and, if
necessary, replacement of the control wheel shaft. This proposed AD
results from two field reports of incorrectly assembled control wheel
shafts. We are proposing this AD to detect and correct any incorrectly
assembled control wheel shafts. This condition, if left uncorrected,
could lead to separation of the control wheel shaft, resulting in loss
of pitch and roll control.

DATES: We must receive comments on this proposed AD by December 29,
2009.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http://
www.newpiper.com/company/publications.asp.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer,
Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue,
College Park, GA 30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2009-1015; Directorate Identifier 2009-CE-039-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    We have received two reports of control wheel shafts that have been
incorrectly assembled at Piper. The first incident concerned the loss
of the control wheel on a Piper Model PA-34-220T airplane, where the
right-hand control wheel shaft and universal joint separated due to a
misdrilled hole for the threaded taper pin. The second report was of a
ground inspection on a Piper PA-34-220T airplane that revealed a
similar situation between the control wheel shaft and the universal
joint in the left-hand side. Investigation following these reports
revealed that the control wheel shafts had been incorrectly assembled
at Piper and holes were misdrilled even though they may visually appear
acceptable. The hole in the shaft may be too close to the end of the
shaft, causing a significant reduction in joint strength. Since
discovery of this problem, Piper has added a step to the manufacturing
process and also introduced a fixture to ensure proper assembly of the
control wheel shaft/universal joint.
    This condition, if not corrected, could result in separation of the
control wheel shaft, resulting in loss of pitch and roll control.

Relevant Service Information

    We have reviewed Piper Aircraft, Inc. Service Bulletin No. 1197A,
dated September 1, 2009.
    The service information describes procedures for:
     Inspection on both the pilot and copilot control wheel
columns; and
     If necessary, replacement of the control wheel shaft and
the universal joint.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require a mandatory inspection of the control wheel shaft for
both the pilot and copilot sides. This proposed AD results from two
field reports of incorrectly assembled control wheel shafts. We are
proposing this AD to detect and correct any incorrectly assembled
control wheel shafts. This condition, if left uncorrected, could lead
to separation of the control wheel shaft, resulting in loss of pitch
and roll control.

Costs of Compliance

    We estimate that this proposed AD would affect 41,928 airplanes in
the U.S. registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                 Labor cost                            Parts cost                airplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $80 per hour = $40.........  Not applicable...............               $40         $1,677,120
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of airplanes that may need
this repair/replacement:

------------------------------------------------------------------------
                                                         Total cost per
            Labor cost                  Parts cost          airplane
------------------------------------------------------------------------
16 work-hours x $80 per hour =                  $150             $1,430
 $1,280...........................
------------------------------------------------------------------------

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.
    We are 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

    We have 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Piper Aircraft, Inc.: Docket No. FAA-2009-1015; Directorate
Identifier 2009-CE-039-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by December 29, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:

------------------------------------------------------------------------
                Models                             Serial Nos.
------------------------------------------------------------------------
PA-28-140.............................  28-20001 through 28-26946 and 28-
                                         7125001 through 28-7725290.
PA-28-150.............................  28-03; 28-1 through 28-4377; and
                                         28-1760A.
PA-28-160.............................  28-03; 28-1 through 28-4377; and
                                         28-1760A.
PA-28-180.............................  28-03; 28-671 through 28-5859;
                                         and 28-7105001 through 28-
                                         7205318.
PA-28S-160............................  28-1 through 28-1760 and 28-
                                         1760A.
PA-28S-180............................  28-671 through 28-5859 and 28-
                                         7105001 through 28-7105234.
PA-28-235.............................  28-10001 through 28-11378; 28-
                                         7110001 through 28-7210023; 28E-
                                         11 and 28-7310001 through 28-
                                         7710089.
PA-28-236.............................  28-7911001 through 28-8611008
                                         and 2811001 through 2811050.
PA-28-151.............................  28-7415001 through 28-7715314.
PA-28-161.............................  2841001 through 2841365; 28-
                                         7716001 through 28-8216300; 28-
                                         8316001 through 28-8616057;
                                         2816001 through 2816109;
                                         2816110 through 2816119; and
                                         2842001 through 2842305.
PA-28-180.............................  28-E13 and 28-7305001 through 28-
                                         7505260.
PA-28-181.............................  28-7690001 through 28-8690056;
                                         28-8690061; 28-8690062; 2890001
                                         through 2890205; 2890206
                                         through 2890231; and 2843001
                                         through 2843672.
PA-28-201T............................  28-7921001 through 28-7921095.
PA-28R-180............................  28R-30002 through 28R-31270 and
                                         28R-7130001 through 28R-
                                         7130013.
PA-28R-200............................  28R-35001 through 28R-35820; 28R-
                                         7135001 through 28R-7135229;
                                         and 28R-7235001 through 28R-
                                         7635545.

PA-28R-201............................  28R-7737002 through 28R-7837317;
                                         2837001 through 2837061; and
                                         2844001 through 2844138.
PA-28R-201T...........................  28R-7703001 through 28R-7803374
                                         and 2803001 through 2803012.
PA-28RT-201...........................  28R-7918001 through 28R-7918267
                                         and 28R-8018001 through 28R-
                                         8218026.
PA-28RT-201T..........................  28R-7931001 through 28R-8631005
                                         and 2831001 through 2831038.
PA-32-260.............................  32-03; 32-04; 32-1 through 32-
                                         1297; and 32-7100001 through 32-
                                         7800008.
PA-32-300.............................  32-15; 32-21; 32-40000 through
                                         32-40974; and 32-7140001
                                         through 32-7940290.
PA-32S-300............................  32S-15; 32S-40000 through 32S-
                                         40974; and 32S-7140001 through
                                         32S-7240137.
PA-32R-300............................  32R-7680001 through 32R-7880068.
PA-32RT-300...........................  32R-7885002 through 32R-7985106.
PA-32RT-300T..........................  32R-7787001 and 32R-7887002
                                         through 32R-7987126.
PA-32R-301 (SP).......................  32R-8013001 through 32R-8613006;
                                         3213001 through 3213028; and
                                         3213030 through 3213041.
PA-32R-301 (HP).......................  3213029; 3213042 through
                                         3213103; 3246001 through
                                         3246217; 3246219; 3246223;
                                         3246218; 3246220 through
                                         3246222; and 3246224 through
                                         3246244.
PA-32R-301T...........................  32R-8029001 through 32R-8629008
                                         and 3229001 through 3229003.
PA-32-301.............................  32-8006002 through 32-8606023;
                                         3206001 through 3206019;
                                         3206042 through 3206044;
                                         3206047; 3206050 through
                                         3206055; and 3206060.
PA-32-301T............................  32-8024001 through 32-8424002.
PA-32R-301T...........................  3257001 through 3257483.
PA-32-301FT...........................  3232001 through 3232074.
PA-32-301XTC..........................  3255001 through 3255014;
                                         3255026, 3255015 through
                                         3255025; 3255027; and 3255051.
PA-34-200.............................  34-E4 and 34-7250001 through 34-
                                         7450220.
PA-34-200T............................  34-7570001 through 34-8170092.
PA-34-220T............................  34-8133001 through 34-8633031;
                                         3433001 through 3433172;
                                         3448001 through 3448037;
                                         3448038 through 3448079;
                                         3447001 through 3447029; and
                                         3449001 through 3449377.
PA-44-180.............................  44-7995001 through 44-8195026;
                                         4495001 through 4495013; and
                                         4496001 through 4496251.
PA-44-180T............................  44-8107001 through 44-8207020.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from two field reports of incorrectly
assembled control wheel shafts. We are issuing this AD to detect and
correct any incorrectly assembled control wheel shafts. This
condition, if left uncorrected, could lead to separation of the
control wheel shaft, resulting in loss of pitch and roll control.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the pilot and         Within 100 hours    Follow Piper
 copilot control wheel columns     time-in-service     Aircraft, Inc.
 for correct control wheel shaft   (TIS) after the     Mandatory Service
 installation.                     effective date of   Bulletin No.
                                   this AD or within   1197A, dated
                                   60 days after the   September 1,
                                   effective date of   2009.
                                   this AD,
                                   whichever occurs
                                   first.
(2) If during the inspection      Before further      Follow Piper
 required in paragraph (e)(1) of   flight after any    Aircraft, Inc.
 this AD an incorrectly            inspection that     Mandatory Service
 installed control wheel shaft     finds incorrect     Bulletin No.
 is found, replace the             installation of     1197A, dated
 appropriate shaft with a new      the control wheel   September 1,
 shaft.                            shaft.              2009.
(3) Inspect the universal joint   Before further      Follow Piper
 when doing the action required    flight after any    Aircraft, Inc.
 in (e)(2) of this AD, and if      inspection that     Mandatory Service
 any deterioration, excessive      finds incorrect     Bulletin No.
 wear, or damage is found,         installation of     1197A, dated
 replace the universal joint       the control wheel   September 1,
 with a new universal joint.       shaft.              2009.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Hector Hernandez, Aerospace Engineer, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA
30337; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (g) To get copies of the service information referenced in this
AD, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach,
Florida 32960; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
Internet: http://www.newpiper.com/company/publications.asp. To view
the AD docket, go to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov.

    Issued in Kansas City, Missouri, on October 23, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-26200 Filed 10-29-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Pages 6938-6939]
[FR Doc No: 2020-02286]

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

Federal Energy Regulatory Commission

[Project No. 2576-187]

FirstLight Hydro Generating Co.; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-project use of project lands and waters.
    b. Project No: 2576-187.
    c. Date Filed: November 26, 2019, supplemented on January 24, 2020.
    d. Applicant: FirstLight Hydro Generating Co.
    e. Name of Project: Housatonic River Hydroelectric Project.
    f. Location: Rocky River Development (Candlewood Lake) in Fairfield
County, Connecticut.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Donald Traester, Regulatory Compliance
Manager, FirstLight Hydro Generating Co., 143 West Street Ext., Suite
E, P.O. Box 5002, New Milford, CT 06776,<PHONE_NUMBER>.
    i. FERC Contact: Mark Carter,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: March 2, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-2576-187. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: FirstLight Hydro Generating Co. is
requesting authorization from the Commission to allow the Tax District
of Candlewood Isle (applicant) to expand the footprint and number of
existing residential boat docks at Candlewood Isle. The applicant
currently has docks at two locations: (1) The Clubhouse (3 docks that
accommodate 40 watercraft and 19 mooring locations) and (2) the tennis
courts (two docks that accommodate 12 watercraft). The applicant
proposes to replace the 19 existing mooring locations at the Clubhouse
by extending each of the 3 existing docks to accommodate an additional
20 watercraft, and add 4 additional docks at the Tennis Courts location
to accommodate an additional 72 watercraft. In all, the proposed
facilities could accommodate a total of 144 watercraft, which would be
a net increase of 73 boat docking locations relative to the existing
conditions. The licensee states that its request is consistent with the
approved Shoreline Management Plan and Boat Overcrowding Plan because,
among other things, the applicant holds deeded rights to construct the
boat docks.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances

related to this or other pending projects. For assistance, call 1-866-
208-3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above. Agencies may obtain copies of the
application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor 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 385.2010.

    Dated: January 30, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-02286 Filed 2-5-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Notices]
[Page 64941]
[DOCID:fr31oc08-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-71-000]

OTAY Mesa Energy Center, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

October 23, 2008.
    This is a supplemental notice in the above-referenced proceeding of
OTAY Mesa Energy Center, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file 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 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is November 24, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-25974 Filed 10-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89685-89686]
[FR Doc No: 2023-28695]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. UL19-1-000; UL19-2-000]

Central Hudson Gas & Electric Corporation; Notice of Availability
of Navigability Report for the Walkill River, Request for Comments, and
Notice of Pending Jurisdictional Inquiry

    On May 9, 2019, the Federal Energy Regulatory Commission
(Commission) received a request from the U.S. Department of the
Interior's Fish and Wildlife Service (FWS) for an updated
jurisdictional determination for the unlicensed Sturgeon Pool and
Dashville Hydroelectric Projects. The projects are located on the
Wallkill River in Ulster County, New York. In response to FWS's
request, Commission staff is investigating the jurisdictional status of
the Sturgeon Pool Hydroelectric Project (UL19-1-000) and Dashville
Hydroelectric Project (UL19-2-000).
    Pursuant to section 23(b)(1) of the Federal Power Act (FPA), 16
U.S.C. 817(1), a non-Federal hydroelectric project must be licensed
(unless it has a still-valid pre-1920 Federal permit) if it: (a) is
located on a navigable water of the United States; (b) occupies lands
or reservations of the United States; (c) utilizes surplus water or
waterpower from a government dam; or (d) is located on a stream over
which Congress has Commerce Clause jurisdiction, is constructed or
modified on or after August 26,1935, and affects the interests of
interstate of foreign commerce.
    A stream is navigable under section 3(8) of the FPA if: (1) it is
currently being used or is suitable for use, or (2) it has been used or
was suitable for use in the past, or (3) it could be made suitable for
use in the future by reasonable improvements, to transport persons or
property in interstate or foreign commerce. Navigability under section
3(8) of the FPA is not destroyed by obstructions or disuse of many
years; personal or private use may be sufficient to demonstrate the
availability of the river for commercial navigation; and the seasonal
floatation of logs is sufficient to determine that a river is
navigable.
    Commission staff previously investigated the Commission's
jurisdiction over the Sturgeon Pool and Dashville Hydroelectric
Projects. In 1988, staff determined that the projects were non-
jurisdictional based on staff's finding that the Wallkill River was not
navigable at the location of the projects.\1\ Commission staff's prior
finding relied primarily on historical usage of the river. FWS requests
that the Commission reexamine navigability of the Wallkill River and
look specifically at the river's suitability for commercial use. A
stream's suitability for commercial use can be demonstrated based on
its physical characteristics, as well as its actual use or suitability
for use for recreational boating, if this information shows the river
is suitable for the simpler types of commercial navigation.\2\
---------------------------------------------------------------------------

    \1\ See Central Hudson Gas & Electric Co., 44 FERC ] 62,215
(1988) (Dashville Hydroelectric Project in Docket No. UL88-18-000);
Central Hudson Gas & Electric Co., 44 FERC ] 62,216 (1988) (Sturgeon
Pool Hydroelectric Project in Docket No. UL88-22-000).
    \2\ See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158
(D.C. Cir. 2002) (affirming navigability finding based on stream
characteristics and test trips by canoe).
---------------------------------------------------------------------------

    As part of the current jurisdictional review, Commission staff
prepared an updated navigability report for the Wallkill River. Before
deciding on the jurisdictional status of the Sturgeon Pool and
Dashville Hydroelectric Projects, the Commission will accept and
consider comments on the navigability report. Comments may be filed no
later January 22, 2024.
    This navigability report may be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket numbers,
UL19-1 and UL19-2, excluding the last three digits in the docket number
field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, please contact FERC Online Support at
[email protected] or toll-free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.

    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
Docket Numbers UL19-1-000 and/or UL19-2-000.
    For further information, please contact Jennifer Polardino at (202)
502-6437 or [email protected].

    Dated: December 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28695 Filed 12-27-23; 8:45 am]
BILLING CODE 6717-01-P