[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34007-34009]
[FR Doc No: E9-16731]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

July 9, 2009.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: July 16, 2009, 10 a.m.

PLACE: Room 2C, 888 First Street, NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.

    Note: Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary.
Telephone:<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

950th--Meeting

                                                 Regular Meeting
                                            [July 16, 2009, 10 a.m.]
----------------------------------------------------------------------------------------------------------------
            Item No.                                    Docket No.                                Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1............................  AD02-1-000..............................................  Agency Administrative
                                                                                Matters.
A-2............................  AD02-7-000..............................................  Customer Matters,
                                                                                Reliability,
                                                                                Security and Market
                                                                                Operations.
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1............................  RM07-19-001.............................................  Wholesale Competition
                                                                                in Regions with
                                                                                Organized Electric
                                                                                Markets.
E-2............................  ER09-1246-000...........................................  Midwest Independent
                                                                                Transmission System
                                                                                Operator, Inc.

 ER09-1248-000                   MidAmerican Energy Company and Midwest Independent
                                  Transmission System Operator, Inc.

 ER09-1253-000                   Midwest Independent Transmission System Operator, Inc...
E-3............................  PL09-4-000..............................................  Smart Grid Policy.
E-4............................  OMITTED.................................................
E-5............................  OMITTED.................................................
E-6............................  OMITTED.................................................
E-7............................  RM08-7-002..............................................  Modification of
                                                                                Interchange and
                                                                                Transmission Loading
                                                                                Relief Reliability
                                                                                Standards; and
                                                                                Electric Reliability
                                                                                Organization
                                                                                Interpretation of
                                                                                Specific
                                                                                Requirements of Four
                                                                                Reliability
                                                                                Standards.
E-8............................  OMITTED.................................................
E-9............................  OMITTED.................................................
E-10...........................  OMITTED.................................................
E-11...........................  RR08-6-002..............................................  North American
                                                                                Electric Reliability
                                                                                Corporation.
                                 RR07-14-003.............................................
E-12...........................  OA08-35-001.............................................  Xcel Energy Services,
                                                                                Inc.--Public Service
                                                                                Company of Colorado.
                                 OA08-35-002.............................................
                                 OA08-35-003.............................................
                                 ER09-72-000.............................................
                                 ER09-72-001.............................................
E-13...........................  OA07-110-000............................................  NorthWestern
                                                                                Corporation.
                                 OA07-110-001............................................
                                 OA07-110-002............................................
E-14...........................  OA09-11-000.............................................  Black Hills Power,
                                                                                Inc.
E-15...........................  OA08-30-001.............................................  El Paso Electric
                                                                                Company.
                                 OA08-33-001.............................................  Arizona Public
                                                                                Service Company.
                                 OA08-34-001.............................................  Public Service
                                                                                Company of New
                                                                                Mexico.
                                 OA08-38-002.............................................  Sierra Pacific
                                                                                Resources Operating
                                                                                Companies.
                                 OA08-47-001.............................................  Tucson Electric Power
                                                                                Company.
                                 OA08-48-001.............................................  UNS Electric, Inc.
E-16...........................  OA08-23-001.............................................  Idaho Power Company.
                                 OA08-55-004.............................................
                                 OA08-28-002.............................................  Deseret Generation &
                                                                                Transmission Co-
                                                                                operative, Inc.
                                 OA08-54-004.............................................
                                 OA08-31-002.............................................  NorthWestern
                                                                                Corporation.
                                 OA08-56-004.............................................

                                 OA08-40-001.............................................  PacifiCorp.
                                 OA08-57-004.............................................
                                 OA08-45-002.............................................  Portland General
                                                                                Electric Company.
                                 OA08-118-001............................................
                                 OA08-99-002.............................................  Black Hills Power,
                                                                                Inc.
E-17...........................  NJ08-5-001..............................................  United States
                                                                                Department of Energy-
                                                                                Bonneville Power
                                                                                Administration.
                                 OA08-25-001.............................................  Avista Corporation.
                                 OA98-26-001.............................................  Puget Sound Energy,
                                                                                Inc.
E-18...........................  ER94-1188-045...........................................  LG&E Energy Marketing
                                                                                Inc.
                                 ER99-1623-014...........................................  Louisville Gas &
                                                                                Electric Company.
                                 R98-4540-014............................................  Kentucky Utilities
                                                                                Company.
                                 ER98-1279-016...........................................  Western Kentucky
                                                                                Energy Corporation.
E-19...........................  ER09-1252-000...........................................  Midwest Independent
                                                                                Transmission System
                                                                                Operator, Inc. and
                                                                                MidAmerican Energy
                                                                                Company.
E-20...........................  ER99-2311-010...........................................  Carolina Power &
                                                                                Light Company.
                                 ER97-2846-013...........................................  Florida Power
                                                                                Corporation.
E-21...........................  ER99-2311-010...........................................  Carolina Power &
                                                                                Light Company.
                                 ER97-2846-013...........................................  Florida Power
                                                                                Corporation.
                                 ER07-188-005............................................  Duke Energy
                                                                                Carolinas, LLC.
                                 ER91-569-043............................................  Entergy Services,
                                                                                Inc.
                                 ER02-862-011............................................  Entergy Power
                                                                                Ventures, LP.
                                 ER01-666-011............................................  EWO Marketing, LP.
                                 ER91-569-043............................................  Entergy Power, Inc.
                                 ER94-1188-045...........................................  LG&E Energy Marketing
                                                                                Inc.
                                 ER99-1623-014...........................................  Louisville Gas &
                                                                                Electric Company.
                                 ER98-4540-014...........................................  Kentucky Utilities
                                                                                Company.
                                 ER98-1279-016...........................................  Western Kentucky
                                                                                Energy Corporation.
                                 ER96-1085-013...........................................  South Carolina
                                                                                Electric & Gas
                                                                                Company.
                                 ER96-780-020............................................  Southern Company
                                                                                Services, Inc.
                                                                                Alabama Power
                                                                                Company.
                                                                                Georgia Power
                                                                                Company.
                                                                                Gulf Power Company.
                                                                                Mississippi Power
                                                                                Company.
                                                                                Southern Power
                                                                                Company.
                                 ER99-2342-012...........................................  Tampa Electric
                                                                                Company.
E-22...........................  ER91-569-038............................................  Entergy Services,
                                                                                Inc.
                                 ER91-569-039............................................
                                 ER91-569-040............................................
                                 ER91-569-041............................................
                                 ER91-569-042............................................
                                 ER91-569-044............................................
                                 ER91-569-043............................................  Entergy Power, Inc.
                                 ER02-862-010............................................  Entergy Power
                                                                                Ventures, LP.
                                 ER02-862-011............................................
                                 ER01-666-010............................................  EWO Marketing, LP.
                                 ER01-666-011............................................
                                 ER01-1804-008...........................................  Warren Power, LLC.
E-23...........................  ER99-2342-012...........................................  Tampa Electric
                                                                                Company.
E-24...........................  ER07-188-005............................................  Duke Energy
                                                                                Carolinas, LLC.
E-25...........................  ER96-780-014............................................  Southern Company
                                                                                Services, Inc.
                                 ER96-780-015............................................  Alabama Power
                                                                                Company.
                                 ER96-780-016............................................  Georgia Power
                                                                                Company.
                                 ER96-780-018............................................  Gulf Power Company.
                                 ER96-780-020............................................  Mississippi Power
                                                                                Company.
                                 ER96-780-021............................................  Southern Power
                                                                                Company.
                                 ER01-1633-004...........................................  Southern Company-
                                                                                Florida, LLC.
                                 ER01-1633-005...........................................
                                 ER01-1633-006...........................................
                                 ER01-1633-008...........................................
                                 ER00-3240-007...........................................  Oleander Power
                                                                                Project, LP.
                                 ER00-3240-008...........................................
                                 ER00-3240-009...........................................
                                 ER00-3240-011...........................................
                                 ER03-1383-007...........................................  DeSoto County
                                                                                Generating Company,
                                                                                LLC.
                                 ER03-1383-008...........................................
                                 ER03-1383-009...........................................
                                 ER03-1383-011...........................................
E-26...........................  ER96-719-025............................................  MidAmerican Energy
                                                                                Company.
                                 ER97-2801-026...........................................  PacifiCorp.
                                 ER99-2156-018...........................................  Cordova Energy
                                                                                Company LLC.
E-27...........................  ER96-1085-013...........................................  South Carolina
                                                                                Electric & Gas
                                                                                Company.

E-28...........................  EF06-2011-000...........................................  United States
                                                                                Department of Energy-
                                                                                Bonneville Power
                                                                                Administration.
                                 EF06-2011-001...........................................
                                 EF06-2011-002...........................................
E-29...........................  EL08-58-000.............................................  Pepco Energy
                                                                                Services, Inc. v.
                                                                                PJM Interconnection,
                                                                                LLC.
E-30...........................  ER08-1540-001...........................................  Virginia Electric and
                                                                                Power Company.
E-31...........................  OMITTED.................................................
E-32...........................  EL03-54-005.............................................  Cities of Anaheim,
                                                                                Azusa, Banning,
                                                                                Colton, and
                                                                                Riverside,
                                                                                California and City
                                                                                of Vernon,
                                                                                California v.
                                                                                California
                                                                                Independent System
                                                                                Operator
                                                                                Corporation.
E-33...........................  EL09-51-000.............................................  Boralex Ashland LP v.
                                                                                ISO New England Inc.
E-34...........................  ER08-1055-002...........................................  Midwest Independent
                                                                                Transmission System
                                                                                Operator, Inc.
                                 ER08-1055-003...........................................
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1............................  RM09-2-000..............................................  Contract Reporting
                                                                                Requirements of
                                                                                Intrastate Natural
                                                                                Gas Companies.
G-2............................  RM08-2-000..............................................  Pipeline Posting
                                                                                Requirements Under
                                                                                Section 23 of the
                                                                                Natural Gas Act.
G-3............................  RM96-1-030..............................................  Standards for
                                                                                Business Practices
                                                                                for Interstate
                                                                                Natural Gas
                                                                                Pipelines.
G-4............................  RP09-194-000............................................  Tennessee Gas
                                                                                Pipeline Company.
G-5............................  RP09-447-001............................................  Monroe Gas Storage
                                                                                Company, LLC.
                                 RP09-447-002............................................
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1............................  P-2100-165..............................................  County of Butte,
                                                                                California v.
                                                                                California
                                                                                Department of Water
                                                                                Resources.
                                 EL09-55-000.............................................
H-2............................  P-13053-001.............................................  Green Wave Energy
                                                                                Solutions, LLC.
H-3............................  RM09-6-001..............................................  Update of the Federal
                                                                                Energy Regulation
                                                                                Commission's Fees
                                                                                Schedule for Annual
                                                                                Charges for the Use
                                                                                of Government Lands.
H-4............................  P-2299-065..............................................  Turlock Irrigation
                                                                                District and Modesto
                                                                                Irrigation District.
                                 P-2299-053..............................................
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1............................  OMITTED.................................................
C-2............................  CP09-58-000.............................................  Rockies Express
                                                                                Pipeline LLC.
C-3............................  CP09-60-000.............................................  Dominion Cove Point
                                                                                LNG, LP.
                                 CP09-60-001.............................................
----------------------------------------------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
    A free webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. E9-16731 Filed 7-13-09; 8:45 am]
BILLING CODE P


employee of the Permittee or the United States, respectively,
including a member of the Armed Forces of the United States, for
Bodily Injury or Property Damage, resulting from Permitted
Activities.
    (b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility, or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and Subcontractors
of any of the Parties, and in the case of Permittee and its
Contractors and Subcontractors, the directors, officers, agents, and
employees of

any of the foregoing, and in the case of the United States, its
agents.
    (c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
    In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.

[Permittee]
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Associate Administrator for Commercial Space Transportation

Part 2--Waiver of Claims and Assumption of Responsibility for Permitted
Activities With One Customer

    This agreement is entered into this _ day of ___, by and among
[Permittee] (the ``Permittee''), [Customer] (the ``Customer'') and
the Federal Aviation Administration of the Department of
Transportation, on behalf of the United States Government
(collectively, the ``Parties''), to implement the provisions of
section 440.17(c) of the Commercial Space Transportation Licensing
Regulations, 14 CFR Ch. III (the ``Regulations''). This agreement
applies to [describe permitted activity]. In consideration of the
mutual releases and promises contained herein, the Parties hereby
agree as follows:

1. Definitions

    Contractors and Subcontractors means entities defined by Sec.
440.3 of the Regulations.
    Customer means the above-named Customer.
    Part 440 customer means a customer defined by Sec.  440.3 of the
Regulations, other than the above-named customer.
    Permit means Permit No. _ issued on ___, by the Associate
Administrator for Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation, to the Permittee,
including all permit orders issued in connection with the Permit.
    Permittee means the holder of the Permit issued under 51 U.S.C.
Subtitle V, ch. 509.
    United States means the United States and its agencies involved
in Permitted Activities.
    Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, ch. 509--Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the
Regulations, respectively.

2. Waiver and Release of Claims

    (a) Permittee hereby waives and releases claims it may have
against Customer, the United States, any part 440 customer, and each
of their respective Contractors and Subcontractors, for Property
Damage it sustains and for Bodily Injury or Property Damage
sustained by its own employees, resulting from Permitted Activities,
regardless of fault.
    (b) Customer hereby waives and releases claims it may have
against Permittee, the United States, any part 440 customer, and
each of their respective Contractors and Subcontractors, for Bodily
Injury or Property Damage sustained by its own employees, resulting
from Permitted Activities, regardless of fault.
    (c) The United States hereby waives and releases claims it may
have against Permittee, Customer, any part 440 customer, and each of
their respective Contractors and Subcontractors, for Property Damage
it sustains, and for Bodily Injury or Property Damage sustained by
its own employees, resulting from Permitted Activities, regardless
of fault, to the extent that claims it would otherwise have for such
damage or injury exceed the amount of insurance or demonstration of
financial responsibility required under sections 440.9(c) and (e),
respectively, of the Regulations.

3. Assumption of Responsibility

    (a) Permittee and Customer shall each be responsible for
Property Damage it sustains and for Bodily Injury or Property Damage
sustained by its own employees, resulting from Permitted Activities,
regardless of fault. Permittee and Customer shall each hold harmless
and indemnify each other, the United States, any part 440 customer,
and the Contractors and Subcontractors of each, for Bodily Injury or
Property Damage sustained by its own employees, resulting from
Permitted Activities, regardless of fault.
    (b) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations.

4. Extension of Assumption of Responsibility and Waiver and Release
of Claims

    (a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(a) and
3(a), respectively, to its Contractors and Subcontractors by
requiring them to waive and release all claims they may have against
Customer, the United States, any part 440 customer, and each of
their respective Contractors and Subcontractors, and to agree to be
responsible, for Property Damage they sustain and to be responsible,
hold harmless and indemnify Customer, the United States, any part
440 customer, and each of their respective Contractors and
Subcontractors, for Bodily Injury or Property Damage sustained by
their own employees, resulting from Permitted Activities, regardless
of fault.
    (b) Customer shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(b) and
3(a), respectively, to its customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Permittee, the United States, part 440
customers, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Permittee, the United States, part 440 customers, and each of their
respective Contractors and Subcontractors, for Bodily Injury or
Property Damage sustained by their own employees, resulting from
Permitted Activities, regardless of fault.
    (c) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(c) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Permittee, Customer, any
part 440 customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for any Property
Damage they sustain and for any Bodily Injury or Property Damage
sustained by their own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims they
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.

5. Indemnification

    (a) Permittee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any part 440 customer and its directors, officers,
servants, agents, subsidiaries, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims that Permittee's Contractors and Subcontractors may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Permitted
Activities.
    (b) Customer shall hold harmless and indemnify Permittee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any part 440 customer and its directors, officers,
servants, agents, subsidiaries, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims that Customer's Contractors, Subcontractors, or customers,
may have for Property Damage sustained by them and for Bodily Injury
or Property Damage sustained by their employees, resulting from
Permitted Activities.

6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary,
Permittee shall hold harmless and indemnify the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury or Property Damage, resulting from
Permitted Activities, regardless of fault, except to the

extent that: (i) As provided in section 7(b) of this Agreement,
claims result from willful misconduct of the United States or its
agents; (ii) claims for Property Damage sustained by the United
States or its Contractors and Subcontractors exceed the amount of
insurance or demonstration of financial responsibility required
under section 440.9(e) of the Regulations; (iii) claims by a Third
Party for Bodily Injury or Property Damage exceed the amount of
insurance or demonstration of financial responsibility required
under Sec.  440.9(c) of the Regulations, and do not exceed
$1,500,000,000 (as adjusted for inflation after January 1, 1989)
above such amount, and are payable pursuant to the provisions of 51
U.S.C. 50915 and Sec.  440.19 of the Regulations; or (iv) Licensee
has no liability for claims exceeding $1,500,000,000 (as adjusted
for inflation after January 1, 1989) above the amount of insurance
or demonstration of financial responsibility required under Sec.
440.9(c) of the Regulations.

7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or
release by Permittee, Customer or the United States of any claim by
an employee of the Permittee, Customer or the United States,
respectively, including a member of the Armed Forces of the United
States, for Bodily Injury or Property Damage, resulting from
Permitted Activities.
    (b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and Subcontractors
of any of the Parties, any part 440 customer, the Contractors and
Subcontractors of any part 440 customer, and in the case of
Permittee, Customer, any part 440 customer, and the Contractors and
Subcontractors of each of them, the directors, officers, agents and
employees of any of the foregoing, and in the case of the United
States, its agents.
    (c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
    In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
Permittee
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Customer
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Associate Administrator for Commercial Space Transportation

Part 3--Waiver of Claims and Assumption of Responsibility for Permitted
Activities With More Than One Customer

    This agreement is entered into this _ day of ___, by and among
[Permittee] (the ``Permittee''); [List of Customers]; (with [List of
Customers] hereinafter referred to in their individual capacity as
``Customer''); and the Federal Aviation Administration of the
Department of Transportation, on behalf of the United States
Government (collectively, the ``Parties''), to implement the
provisions of section 440.17(c) of the Commercial Space
Transportation Licensing Regulations, 14 CFR Ch. III (the
``Regulations''). This agreement applies to [describe permitted
activity].
    In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:

1. Definitions

    Contractors and Subcontractors means entities defined by Sec.
440.3 of the Regulations.
    Customer means each above-named Customer.
    Part 440 customer means a customer defined by Sec.  440.3 of the
Regulations, other than the above-named Customer.
    Permit means Permit No. _ issued on ___, by the Associate
Administrator for Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation, to the Permittee,
including all permit orders issued in connection with the Permit.
    Permittee means the holder of the Permit issued under 51 U.S.C.
Subtitle V, ch. 509.
    United States means the United States and its agencies involved
in Permitted Activities. Except as otherwise defined herein, terms
used in this Agreement and defined in 51 U.S.C. Subtitle V, ch.
509--Commercial Space Launch Activities, or in the Regulations,
shall have the same meaning as contained in 51 U.S.C. Subtitle V,
ch. 509, or the Regulations, respectively.

2. Waiver and Release of Claims

    (a) Permittee hereby waives and releases claims it may have
against each Customer, the United States, any part 440 customer, and
each of their respective Contractors and Subcontractors, for
Property Damage it sustains and for Bodily Injury or Property Damage
sustained by its own employees, resulting from Permitted Activities,
regardless of fault.
    (b) Each Customer hereby waives and releases claims it may have
against Permittee, the United States, any part 440 customer, and
each of their Contractors and Subcontractors, for Property Damage it
sustains and for Bodily Injury or Property Damage sustained by its
own employees, resulting from Permitted Activities, regardless of
fault.
    (c) The United States hereby waives and releases claims it may
have against Permittee, each Customer, any part 440 customer, and
each of their respective Contractors and Subcontractors, for
Property Damage it sustains, and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.

3. Assumption of Responsibility

    (a) Permittee and each Customer shall each be responsible for
Property Damage it sustains and for Bodily Injury or Property Damage
sustained by its own employees, resulting from Permitted Activities,
regardless of fault. Permittee and each Customer shall each hold
harmless and indemnify each other, the United States, any part 440
customer, and the Contractors and Subcontractors of each, for Bodily
Injury or Property Damage sustained by its own employees, resulting
from Permitted Activities, regardless of fault.
    (b) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage or injury exceed the amount of insurance or demonstration of
financial responsibility required under section 440.9(e) of the
Regulations.

4. Extension of Assumption of Responsibility and Waiver and Release
of Claims

    (a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(a) and
3(a), respectively, to its Contractors and Subcontractors by
requiring them to waive and release all claims they may have against
each Customer, the United States, any part 440 customer, and each of
their respective Contractors and Subcontractors, and to agree to be
responsible, for Property Damage they sustain and to be responsible,
hold harmless and indemnify each Customer, the United States, any
part 440 customer, and each of their respective Contractors and
Subcontractors, for Bodily Injury or Property Damage sustained by
their own employees, resulting from Permitted Activities, regardless
of fault.
    (b) Each Customer shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(b) and
3(a), respectively, to its customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Permittee, the United States, part 440
customers, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Permittee, the United States, part 440 customers, and each of their
respective Contractors and Subcontractors, for Bodily Injury or
Property Damage sustained by their own employees, resulting from
Permitted Activities, regardless of fault.
    (c) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(c) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against

Permittee, each Customer, any part 440 customer, and each of their
respective Contractors and Subcontractors, and to agree to be
responsible, for any Property Damage they sustain and for any Bodily
Injury or Property Damage sustained by their own employees,
resulting from Permitted Activities, regardless of fault, to the
extent that claims they would otherwise have for such damage or
injury exceed the amount of insurance or demonstration of financial
responsibility required under sections 440.9(c) and (e),
respectively, of the Regulations.

5. Indemnification

    (a) Permittee shall hold harmless and indemnify each Customer
and its directors, officers, servants, agents, subsidiaries,
employees and assignees, or any of them; the United States and its
agencies, servants, agents, subsidiaries, employees and assignees,
or any of them; and any part 440 customer and its directors,
officers, servants, agents, subsidiaries, employees and assignees,
or any of them, from and against liability, loss or damage arising
out of claims that Permittee's Contractors and Subcontractors may
have for Property Damage sustained by them and for Bodily Injury or
Property Damage sustained by their employees, resulting from
Permitted Activities.
    (b) Each Customer shall hold harmless and indemnify Permittee
and its directors, officers, servants, agents, subsidiaries,
employees and assignees, or any of them; the United States and its
agencies, servants, agents, subsidiaries, employees and assignees,
or any of them; and any part 440 customer and its directors,
officers, servants, agents, subsidiaries, employees and assignees,
or any of them, from and against liability, loss or damage arising
out of claims that each Customer's Contractors, Subcontractors, or
customers, may have for Property Damage sustained by them and for
Bodily Injury or Property Damage sustained by their employees,
resulting from Permitted Activities.

6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary,
Permittee shall hold harmless and indemnify the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury or Property Damage, resulting from
Permitted Activities, regardless of fault, except to the extent
that: (i) As provided in section 7(b) of this Agreement, claims
result from willful misconduct of the United States or its agents;
(ii) claims for Property Damage sustained by the United States or
its Contractors and Subcontractors exceed the amount of insurance or
demonstration of financial responsibility required under section
440.9(e) of the Regulations; (iii) claims by a Third Party for
Bodily Injury or Property Damage exceed the amount of insurance or
demonstration of financial responsibility required under Sec.
440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as
adjusted for inflation after January 1, 1989) above such amount, and
are payable pursuant to the provisions of 51 U.S.C. 50915 and Sec.
440.19 of the Regulations; or (iv) Licensee has no liability for
claims exceeding $1,500,000,000 (as adjusted for inflation after
January 1, 1989) above the amount of insurance or demonstration of
financial responsibility required under Sec.  440.9(c) of the
Regulations.

7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or
release by Permittee, any Customer or the United States of any claim
by an employee of the Permittee, any Customer or the United States,
respectively, including a member of the Armed Forces of the United
States, for Bodily Injury or Property Damage, resulting from
Permitted Activities.
    (b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and Subcontractors
of any of the Parties, any part 440 customer, the Contractors and
Subcontractors of any part 440 customer, and in the case of
Permittee, each Customer, any part 440 customer, and the Contractors
and Subcontractors of each of them, the directors, officers, agents
and employees of any of the foregoing, and in the case of the United
States, its agents.
    (c) References herein to Customer shall apply to, and be deemed
to include, each such customer severally and not jointly.
    (d) This Agreement shall be governed by and construed in
accordance with United States Federal law.
    In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.

Permittee

By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

Customer 1

By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

[Signature lines for each additional customer]

Federal Aviation Administration of the Department of Transportation on
Behalf of the United States Government

By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------

    Issued under authority provided by 49. U.S.C. 106(f) and
44701(a) in Washington, DC, on January 2, 2015.
Shana Dale,
Deputy Associate Administrator, Commercial Space Transportation.

[FR Doc. 2015-00252 Filed 1-12-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 6, 2005 (Volume 70, Number 193)]
[Notices]
[Page 58402]
[DOCID:fr06oc05-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License, and Soliciting
Comments, Motions To Intervene, and Protest

September 28, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 4362-004.
    c. Date Filed: August 3, 2005.
    d. Applicants: Inman Mills (transferor) Riverdale Development
Venture, LLC (transferee).
    e. Name and Location of Project: The Riverdale Project is located
on the Enoree River in Spartanburg County, South Carolina.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Applicant Contacts: For the transferor: William Bowen, Inman
Mills, P.O. Box 207, Inman, SC 29349,<PHONE_NUMBER>, Ext 215.
    For the transferee: Gregory Sviensson, Riverdale Development
Venture, LLC, 190 Graham Street, Enoree, SC 29335,<PHONE_NUMBER>.
    h. FERC Contact: Robert Bell at<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: October 31, 2005.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the Project
Number on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing a document with the Commission to serve a copy of
that document on each person in 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 documents on that resource agency.
    j. Description of Application: The Applicants seek Commission
approval to transfer the license for the Riverdale Project from the
Inman Mills to Riverdale Development Venture, LLC.
    k. This filing 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 (P-4362) in the docket number field to access the document. For
assistance, call toll-free 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 addresses in item
g. above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. 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.
    n. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and eight
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the
Applicants specified in the particular application.
    o. 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 Applicants.
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 Applicants'
representatives.

Magalie R. Salas,
Secretary. Project No. 4362-004 3
 [FR Doc. E5-5504 Filed 10-5-05; 8:45 am]

BILLING CODE 6717-01-P


                     Notes from Meeting with PhRMA Members

Attended by:
Eli Lilly & Co.	Neil Parke

Glaxo Smith Kline:	Doug Finan

Merck:			Jim Jahnke

Pfizer:			Elizabeth Auda

EPA Staff:	Tracy Atagi, Chichang Chen, Kristin Fitzgerald, Richard Huggins

Date:			May 1, 2013

EPA met with representatives of Eli Lilly & Co, Glaxo Smith Kline, Merck and Pfizer.  Although all are members of PhRMA, each was representing their individual companies, not PhRMA.

The companies inquired about the progress of the pharmaceuticals proposed rule.  They raised the following issues that they hope the proposed rule will address:

   1. P-listed hazardous waste pharmaceuticals
   2. Household hazardous waste/take-back programs
   3. Controlled substances/coordinate with DEA


[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32700-32701]
[FR Doc No: 2013-12907]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]

Hours of Service of Drivers: U.S. Department of Energy (DOE);
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; grant of application for
exemption.

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

SUMMARY: FMCSA announces its decision to grant the U.S. Department of
Energy (DOE) an exemption from the minimum 30-minute rest break
provision of the Agency's hours-of-service (HOS) regulations for
commercial motor vehicle drivers. The exemption would enable DOE's
contract motor carriers and their employee-drivers engaged in the
transportation of security-sensitive radioactive materials to be
treated similarly to drivers of shipments of explosives. The exempted
drivers would be allowed to use 30 minutes or more of ``attendance
time'' to meet the HOS rest break requirements providing they do not
perform any other work during the break.

DATES: This exemption is effective from July 1, 2013 through June 30,
2015.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

Request for Exemption

    Certain motor carriers under contract to the U.S. Department of
Energy (DOE) transport security-sensitive radioactive materials. DOE
notes that the term includes transuranic waste; spent nuclear fuel;
radioactive sources classified as category 1 and 2 materials by the
International Atomic Energy Agency, including ``Highway route
controlled quantities,'' as defined in 49 CFR 173.403; or known
radionuclides in forms listed as RAM-QC by the Nuclear Regulatory
Commission.
    DOE requests a limited exemption from the hours-of-service (HOS)
regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow
contract driver-employees transporting security-sensitive radioactive
materials to be treated the same as drivers transporting explosives, as
provided in Sec.  395.1(q). Section 395.1(q) states that operators of
commercial motor vehicles (CMVs) carrying Division 1.1, 1.2, or 1.3
explosives subject to the requirement for a minimum 30-minute rest
break in Sec.  395.3(a)(3)(ii) may use 30 minutes or more of
``attendance time'' to meet the requirement for a rest break.
Compliance with Sec.  395.3(a)(3) is required by July 1, 2013.
    DOE contends that shipments of security-sensitive radioactive
materials require a team of two drivers and the use of a sleeper berth
to minimize risk and expedite delivery in a safe and secure manner. DOE
asserts that granting the exemption would allow team drivers to manage
their en route rest periods efficiently and also perform mandated
shipment security surveillance, resulting in a safe and secure driving
performance during a long distance trip.
    DOE states that it has instituted several technical and
administrative controls to ensure the effective use of driver on-duty
and rest-break time, which would remain in effect under the requested
exemption. They include the following:
     Real-time tracking and monitoring of transuranic waste and
security-sensitive shipments using DOE's satellite-based systems.
     Use of electronic on-board recorders on trucks, which is
contractually required for motor carriers involved in the Waste
Isolation Pilot Plant to ensure compliance with driver HOS rules.
     Continuous monitoring of the safety performance of DOE-
qualified motor carriers using the FMCSA Compliance Safety
Accountability Program's Safety Measurement System, and DOE's Motor
Carrier Evaluation Program.
    Further details regarding DOE's safety controls can be found in its
application for exemption, which can be accessed in the docket
identified at the beginning of this notice. DOE contends that these
controls enable it to achieve a high level of safety and security for
transportation of security-sensitive radioactive materials.
    DOE anticipates no safety impacts from this exemption and notes
that in the preamble to the FMCSA final rule on the ``Hours of Service
of Drivers,'' dated December 27, 2011 (76 FR 81134), the Agency
addressed concerns from commenters regarding rest breaks for carriers
of hazardous materials. Section 395.1(q) allows drivers who are
required by Sec.  397.5 to attend a motor vehicle transporting certain
types of explosives but perform no other work, to log at least a half-
hour of their attendance time toward the break. The Agency cited a
recent study showing that on-duty breaks reduce the risk of crashes
after the break (76 FR 81154).
    DOE believes that its contract employee drivers should be allowed
to follow the requirements in Sec.  395.1(q) when transporting
shipments of security-sensitive radioactive materials. DOE believes
that shipments made under the requested exemption would achieve a level
of safety and security that is at least equivalent to that which would
be obtained by following the normal break requirement in Sec.
395.3(a)(3)(ii).
    DOE estimates that 30 power units and 53 drivers would currently be
eligible for the exemption, if granted. The proposed exemption would be
effective from July 1, 2013 through June 30, 2015, the maximum period
allowed by Sec.  381.300. A copy of DOE's exemption application is
available for review in the docket for this notice.

Public Comments

    On January 13, 2013, FMCSA published notice of this application,
and asked for public comment (78 FR 2711). Three comments were
submitted. One individual opposed the exemption without stating a
reason. Another individual also opposed the exemption, stating that if
truck drivers who are not working for a Federal agency must observe the
rule, then those who are working for a Federal agency should also be
required to observe it. The

Commercial Vehicle Safety Alliance (CVSA) also commented. Its members
include representatives of Federal, State and local governments, as
well as representatives of private industry. CVSA commented briefly
that it did not oppose or support the exemption. Comments are available
for review in the docket for this notice.

FMCSA Response

    The DOE did not base its request for an exemption on its status as
a Federal agency. Rather, it provided the same justification for the
request that would be required of any non-governmental agency.

FMCSA Decision

    The FMCSA has evaluated DOE's application for exemption and the
public comments. The Agency believes that DOE will likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption [49 CFR 381.305(a)].

Terms of the Exemption

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m., July 1, 2013, through 11:59
p.m. on June 30, 2015.

Extent of the Exemption

    The exemption is restricted to DOE's contract driver-employees
transporting security-sensitive radioactive materials. This exemption
is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow
contract driver-employees transporting security-sensitive radioactive
materials to be treated the same as drivers transporting explosives, as
provided in Sec.  395.1(q). These drivers must comply with all other
applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.

Notification to FMCSA

    The DOE must notify FMCSA within 5 business days of any accident
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs
operating under the terms of this exemption. The notification must
include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or
closest to the accident scene,
    c. Driver's name and driver's license number and State of issuance
    d. Vehicle number and State license plate number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
    i. The driver's total driving time and total on-duty time period
prior to the accident.
    Reports filed under this provision shall be emailed to
<EMAIL_ADDRESS>
Termination

    FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation or restriction of the exemption. The
FMCSA will immediately revoke or restrict the exemption for failure to
comply with its terms and conditions.

    Issued on: May 22, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-12907 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 35063-35065]
[FR Doc No: 2012-14170]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket Number OSHA-2012-0020]

Whistleblower Protection Advisory Committee

AGENCY: Occupational Safety and Health Administration (OSHA), DOL.

ACTION: Request for nominations to serve on the Whistleblower
Protection Advisory Committee.

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

SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health requests nominations for membership on the Whistleblower
Protection Advisory Committee (WPAC).

DATES: Nominations for WPAC must be submitted (postmarked, sent,
transmitted, or received) by July 27, 2012.

ADDRESSES: You may submit nominations for WPAC, identified by the OSHA
Docket No., OSHA-2012-0020, by any of the following methods:
    Electronically: Nominations, including attachments, may be
submitted electronically at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions online for making
electronic submissions.
    Facsimile: If your nomination and supporting materials, including
attachments, do not exceed 10 pages, you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>.
    Mail, hand delivery, express mail, messenger or courier service:
Submit your nominations and supporting materials to the OSHA Docket
Office, Docket No. OSHA-2012-0020, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2350 (OSHA's TTY number is<PHONE_NUMBER>). Deliveries (hand,
express mail, messenger and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m.-4:45 p.m., e.t.
    Instructions: All nominations and supporting materials for WPAC
must include the Agency name and docket number for this Federal
Register notice (Docket No. OSHA-2012-0020). Because of security-
related procedures, submitting nominations by regular mail may result
in a significant delay in their receipt. Please contact the OSHA Docket
Office for information about security procedures for submitting
nominations by hand delivery, express delivery, and messenger or
courier service. For additional information on submitting nominations
see the ``Public Participation--Submission of Nominations and Access to
Docket'' heading in the SUPPLEMENTARY INFORMATION section below.
    Submissions in response to this Federal Register notice, including
personal information provided, are posted without change at http://www.regulations.gov. Therefore, OSHA cautions interested parties about
submitting personal information such as social security numbers and
dates of birth.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: Sandra Dillon, Director, Office of the
Whistleblower Protection Program, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3610, 200 Constitution
Avenue NW., Washington, DC., 20210; telephone<PHONE_NUMBER>, this is
not a toll-free number; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for
Occupational Safety and Health (Assistant Secretary) invites interested
individuals to submit nominations for membership on the Whistleblower
Protection Advisory Committee (WPAC).
    WPAC's duties are solely advisory and consultative. WPAC advises,
consults with, and makes recommendations to the Secretary of Labor
(Secretary) and the Assistant Secretary on matters relating to the
improvement of the fairness, efficiency, effectiveness and transparency
of OSHA's whistleblower protection activities. In particular, WPAC will
make recommendations regarding the development and/or implementation
of:

     Better customer service to both workers who raise
complaints and employers who are the subject of investigations;
     Improvement in the investigative and enforcement process,
and the training of OSHA investigators;
     Improvement of regulations governing OSHA investigations;
     Cooperative activities with federal agencies responsible
for areas also covered by the whistleblower protection statutes
enforced by OSHA; and
     Other matters concerning the fairness, efficiency and
transparency of OSHA's whistleblower investigations as identified by
the Secretary or the Assistant Secretary.

WPAC is a continuing advisory body and operates in compliance with the
Occupational Safety and Health Act of 1970, as well as the Federal
Advisory Committee Act (5 U.S.C. App. 2) and its implementing
regulations (see ``Authority and Signature'' section).

WPAC is comprised of 12 voting members, all of whom the Secretary
appoints. The composition of WPAC and categories of new members to be
appointed are as follows:
     Four management representatives who are employers or are
from employer associations in industries covered by one or more of the
whistleblower laws;
     Four labor representatives who are workers or from worker
advocacy organizations in industries covered by one or more of the
whistleblower laws;
     One member represents the State Plan states; and
     Three public representatives from colleges, universities,
non-partisan think tanks, and/or other entities, that have extensive
knowledge and expertise on whistleblower statutes and issues.
    In addition, the committee will also have three Ad hoc/Ex-officio/
Non-voting members who are regular government employees from other
Federal Government agencies. They will be selected by the Secretary
from Departments that have jurisdiction over statutes with
whistleblower provisions, for example, the Securities and Exchange
Commission (Sarbanes-Oxley Act), or the Department of Transportation's
Federal Aviation Administration (Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century), or the Federal Railroad
Administration (Federal Railroad Safety Act).
    The members serve two-year terms, unless a member becomes unable to
serve, resigns, ceases to be qualified to serve, or is removed by the
Secretary. If a vacancy occurs before a term expires, the Secretary may
appoint a new member who represents the same interest as the
predecessor to serve for the remainder of the unexpired term. The
committee meets at least two times a year.
    Any individual or organization may nominate one or more qualified
persons for membership. Nominations must include the nominee's name,
contact information, and current occupation or position. The nomination
also must include a resume of the nominee's background, experience and
qualifications. The nomination must identify the category that the
candidate is qualified to represent, and include a statement that the
nominee is aware of the nomination and is willing to serve on WPAC for
a two-year term.
    WPAC members will be selected on the basis of their experience,
knowledge, and competence in the field of whistleblower protection. The
information received through this nomination process, in addition to
other relevant sources of information, will assist the Secretary in
appointing members to serve on WPAC. In selecting WPAC members, the
Secretary will consider individuals nominated in response to this
Federal Register notice, as well as other qualified individuals.
    Before candidates are appointed, the U.S. Department of Labor
(Department) conducts a basic background check using publically
available, Internet-based sources.
    The Department is committed to bringing greater diversity of
thought, perspective and experience to its advisory committees. In
addition, the Department encourages nominees of all races, genders,
ages, disabilities and sexual orientations to apply.

Public Participation--Submission of Nominations and Access to Docket

    You may submit nominations (1) Electronically at http://www.regulations.gov, the Federal eRulemaking Portal; (2) by facsimile
(fax); or, (3) by hard copy. All comments, attachments and other
material must identify the Agency name and docket number for this
Federal Register notice, (OSHA Docket No. OSHA 2012-0020). You may
supplement electronic nominations by uploading document files
electronically. If, instead, you wish to mail additional materials in
reference to an electronic or fax submission, you must submit the
documents to the OSHA Docket Office (see ADDRESSES section above). The
additional materials must clearly identify your electronic nomination
by name, date, and docket number so OSHA can attach them to your
nomination. Because of security-related procedures, the use of regular
mail may cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office (see ADDRESSES section above).
    Submissions are posted without change at http://www.regulations.gov. OSHA therefore cautions individuals about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through http://www.regulations.gov. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
    Information on using the http://www.regulations.gov Web site to
submit comments and access the docket is available at the Web site.
Contact the OSHA Docket Office for information about materials not
available through the Web site and for assistance in using the Internet
to locate docket submissions.
    Electronic copies of this Federal Register document are available
at: http://www.regulations.gov. This document, as well as news releases
and other relevant information, also are available at OSHA's Web site
at http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by the Federal Advisory Committee Act
(FACA), as amended (5 U.S.C. App. 2), its implementing regulations (41
CFR Part 102-3), chapter 1600 of Department of Labor Management Series
3 (Mar. 17, 2008), Secretary of Labor's Order 1-2012 (Jan. 18, 2012),
77 FR 3912 (Jan. 25, 2012), and the Secretary of Labor's authority to
administer the whistleblower provisions found in Section 11(c) of the
Occupational Safety and Health Act, 29 U.S.C. 660(c); the Surface
Transportation Assistance Act, 49 U.S.C. 31105; the Asbestos Hazard
Emergency Response Act, 15 U.S.C. 2651; the International Safe
Container Act, 46 U.S.C. 80507; the Safe Drinking Water Act, 42 U.S.C.
300j-9(i); the Federal Water Pollution Control Act, 33 U.S.C. 1367; the
Toxic Substances Control Act, 15 U.S.C. 2622; the Solid Waste Disposal
Act, 42 U.S.C. 6971; the Clean Air Act, 42 U.S.C. 7622; the

Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9610; the Energy Reorganization Act, 42 U.S.C. 5851; the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, 49 U.S.C. 42121; the Sarbanes-Oxley Act, 18 U.S.C. 1514A; the
Pipeline Safety Improvement Act, 49 U.S.C. 60129; the Federal Railroad
Safety Act, 49 U.S.C. 20109; the National Transit Systems Security Act,
6 U.S.C. 1142; the Consumer Product Safety Improvement Act, 15 U.S.C.
2087; Section 1558 of the Affordable Care Act, P.L. 111-148; the
Consumer Financial Protection Act of 2010, 12 U.S.C.A. 5567, the
Seaman's Protection Act, 46 U.S.C. 2114, and Section 402 of the FDA
Food Safety Modernization Act, Public Law 111-353.

    Signed at Washington, DC, on June 6, 2012.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2012-14170 Filed 6-11-12; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69920-69921]
[FR Doc No: 2023-22400]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC23-142-000.
    Applicants: EF Oxnard LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of EF Oxnard LLC.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5368.
    Comment Date: 5 p.m. ET 10/20/23.

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

    Docket Numbers: EG24-1-000.
    Applicants: Nova Power, LLC.
    Description: Nova Power, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5125.
    Comment Date: 5 p.m. ET 10/24/23.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:.

    Docket Numbers: EL23-122-000.
    Applicants: Bottlebrush Solar Energy LLC and Pleasant Prairie Solar
Energy LLC v. PJM Interconnection, L.L.C.
    Description: Complaint of Bottlebrush Solar Energy LLC et al. v.
PJM Interconnection, L.L.C.
    Filed Date: 9/29/23.
    Accession Number: 20230929-5360.
    Comment Date: 5 p.m. ET 10/19/23.

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

    Docket Numbers: ER23-2449-001.
    Applicants: Lyons Solar, LLC.
    Description: Tariff Amendment: Response to Deficiency Letter to be
effective 10/1/2023.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5058.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: ER24-11-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Oncor 6th A&R
Interconnection Agreement to be effective 9/28/2023.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5097.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: ER24-12-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 405,
Amendment No. 1 to be effective 12/3/2023.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5101.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: ER24-13-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Citrus Flatts Energy
Center Generation Interconnection Agreement to be effective 9/8/2023.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5104.
    Comment Date: 5 p.m. ET 10/24/23.

    Docket Numbers: ER24-14-000.
    Applicants: Midcontinent Independent System Operator, Inc., Otter
Tail Power Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
10-03_SA 3713 Termination of WAPA-OTP FCA (Devils Lake) to be effective
10/4/2023.
    Filed Date: 10/3/23.
    Accession Number: 20231003-5106.
    Comment Date: 5 p.m. ET 10/24/23.

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

    Docket Numbers: ES24-1-000.
    Applicants: Baltimore Gas and Electric Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Baltimore Gas and Electric
Company.
    Filed Date: 10/2/23.
    Accession Number: 20231002-5377.
    Comment Date: 5 p.m. ET 10/23/23.

    Docket Numbers: ES24-2-000; ES24-3-000.
    Applicants: Delmarva Power & Light Company, Potomac Electric Power
Company, Delmarva Power & Light Company, Potomac Electric Power
Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Delmarva Power & Light
Company, et al.
    Filed Date: 10/2/23.
    Accession Number: 20231002-5378.
    Comment Date: 5 p.m. ET 10/23/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22400 Filed 10-6-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91963-91964]
[FR Doc No: 2016-30372]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 103, SEC File No. 270-410, OMB Control No. 3235-0466.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 103 of Regulation M (17
CFR 242.103), under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    Rule 103--Nasdaq Passive Market Making--permits passive market-
making in Nasdaq securities during a distribution. A distribution
participant that seeks use of this exception would be required to
disclose to third parties its intention to engage in passive market
making.
    There are approximately 309 respondents per year that require an
aggregate total of 309 hours to comply with this rule. Each respondent
makes an estimated 1 annual response. Each response takes approximately
1 hour to complete. Thus, the total compliance burden per year is 309
burden hours. The total estimated internal labor cost of compliance for
the respondents is approximately $20,085.00 per year, resulting in an
estimated internal labor cost of compliance per response of
approximately $65.00 (i.e., $20,085.00/309 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in

writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: December 6, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-30372 Filed 12-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Notices]
[Page 66350-66351]
[DOCID:fr26oc11-113]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Eighth Meeting: RTCA Special Committee 222 Inmarsat Aeronautical
Mobile Satellite (Route) Services

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

ACTION: Notice of RTCA Special Committee 222, Inmarsat Aeronautical
Mobile Satellite (Route) Services meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 222, Inmarsat Aeronautical Mobile
Satellite (Route) Services for the Eighth Meeting.

DATES: The meeting will be held November 17, 2011, from 1-5 p.m.

ADDRESSES: The meeting will be held at Inmarsat, 1101 Connecticut
Avenue, NW., Suite 1200, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th
Street, NW., Suite 910, Washington, DC 20036, or by telephone at (202)
833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a Special Committee 222, Inmarsat Aeronautical Mobile
Satellite (Route) Services. The agenda will include the following:

Agenda

November 17, 2011

     Co-Chair Welcomes & Introductions
     Review of Minutes of previous meeting
     Review of topics for current agenda
     Review of current industry status

     Review of status from briefing to PMC in March 2011.
     Discuss of PMC request to prepare generic GOLD-based
document.
     Discuss update to terms of reference to be submitted to
PMC
     Review of suggested modifications to MOPS (DO-210 and DO-
262 SBB technique-specific) testing and qualification.
     Review of any new MASPS material.
     Review of any working papers
     Discussion of work plan
     Discussion of next meeting
     Adjourn
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on October 21, 2011.
Robert L. Bostiga,
Manager, RTCA Advisory Committee.
[FR Doc. 2011-27707 Filed 10-25-11; 8:45 am]
BILLING CODE 4910-13-P