Laboratory Accreditation for Analyses of Foods; Extension of Comment Period, 11893-11894 [2020-03944]
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11893
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
By direction of the Commission.
Commissioner Glick is dissenting with a
separate statement attached.
Issued: February 20, 2020.
Kimberly D. Bose,
Secretary.
United States of America Federal Energy
Regulatory Commission
Docket No.
Revisions to Indexing Policies and Page 700 of FERC Form No. 6 ..................................................................................................
Petition for a Rulemaking of the Liquids Shippers Group, Airlines for America, and the National Propane Gas Association ..........
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GLICK, Commissioner, dissenting:
I am dissenting from today’s order
withdrawing the Advance Notice of Proposed
Rulemaking (ANOPR) and denying shippers’
petition for rulemaking, because the
Commission must do more to ensure
shippers and the Commission have the
information necessary to protect against
unjust and reasonable oil pipeline rates.26 It
is especially critical to provide shippers with
adequate transparency into pipeline costs,
given that the Commission has chosen to rely
solely on shippers to ensure that pipeline
rates are just and reasonable, as required by
the Interstate Commerce Act (ICA).27 The
Commission has the statutory authority to
initiate its own cost-of-service investigations
into pipeline rates but has for decades chosen
not to do so.28 Instead of summarily
terminating this proceeding, the Commission
should have proceeded with a Notice of
Proposed Rulemaking aimed at enhancing
pipelines’ data reporting requirements, so
that the information available to shippers and
the public is useful both in the evaluation of
index filings and for cost-of-service rate
challenges.
The Commission is responsible for
ensuring that the rates oil pipelines charge
are just and reasonable. Through the ANOPR,
the Commission sought to enhance the
transparency of information reported on
FERC Form No. 6, page 700, to ensure the
public can effectively assess the
reasonableness of oil pipeline rates and so
that the Commission can ‘‘better fulfill its
statutory obligations under the ICA.’’ 29 As
the Commission explained, a pipeline’s costs
associated with providing one service may be
‘‘fundamentally different’’ from the costs of
providing another service.30 Because the
26 Revisions to Indexing Policies and Page 700 of
FERC Form No. 6, 170 FERC ¶ 61,134 (2020)
(Withdrawal Order).
27 49 App. U.S.C. 1(5) (1988).
28 As the Commission explained in Order No.
561, the Commission retains the responsibility to
ensure rates are just and reasonable under the ICA,
and for this reason it ‘‘will not promulgate an
explicit bar to Commission-initiated rate
investigations.’’ Revisions to Oil Pipeline
Regulations Pursuant to the Energy Policy Act of
1992, Order No. 561, FERC Stats. & Regs. ¶ 30,985,
at 30,967 (1993). Nonetheless, the Commission
explained that, while it ‘‘believes it is advisable to
retain the authority to investigate a rate on its own
motion, it should make clear that it does not
contemplate invoking such authority except in the
most unusual circumstances.’’ Id.
29 Revisions to Indexing Policies and Page 700 of
FERC Form No. 6, 157 FERC ¶ 61,047, at P 5 (2016)
(ANOPR Order).
30 Id. P 27.
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17:07 Feb 27, 2020
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Commission’s regulations only require
pipelines to report company-wide data, the
information currently available to shippers is
at best, a rough approximation of the costs
underlying a particular shipper’s rates.
In the ANOPR, the Commission proposed
to require pipelines to report more granular
data, so that shippers could use the
information to compare the rate they are
being charged ‘‘with costs that are more
closely associated with that particular
rate.’’ 31 The Commission stated that this
information ‘‘would be useful both in the
evaluation of index filings . . . and for costof-service rate challenges to oil pipeline
rates.’’ 32 However, in today’s order, the
Commission does a complete about-face,
withdrawing its proposal on grounds that it
is ‘‘unnecessary and inconsistent’’ with the
purposes of a ‘‘preliminary screen.’’ 33 The
Commission fails to explain how the
information currently available to shippers is
adequate for purposes of monitoring and
challenging the justness and reasonableness
of oil pipeline rates, except to say that
shippers can use ‘‘their knowledge of the
pipeline system to support any cost-ofservice complaints.’’ 34 Moreover, while the
Commission notes the potential cost impact
this ANOPR proposal may have on oil
pipeline companies, it appears to give scant
consideration to the benefit this additional
information would have for ratepayers and
the public. Absent greater transparency into
the costs underlying a specific rate, shippers
are left with no more than a pitiable choice
between the rate charged and a costly fishing
expedition to obtain the information they
need to challenge the rate in the first place.
In light of the Commission’s historic
practice of relying on shippers to challenge
rates rather than initiate its own
investigations where the rates charged may
no longer be just and reasonable, it is
imperative that the Commission ensure
shippers have access to the information they
need to carry out this essential check. In
today’s order, the Commission fails to fulfill
its last remaining responsibility to ensure oil
pipeline rates remain just and reasonable.
For these reasons, I respectfully dissent.
Richard Glick.
Commissioner.
[FR Doc. 2020–04069 Filed 2–27–20; 8:45 am]
BILLING CODE 6717–01–P
31 Id.
32 Id.
33 Withdrawal
34 Id.
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Order, 170 FERC ¶ 61,134 at P 6.
P 7.
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RM17–1–000
RM15–19–000
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 1, 11, 16, and 129
[Docket No. FDA–2019–N–3325]
RIN 0910–AH31
Laboratory Accreditation for Analyses
of Foods; Extension of Comment
Period
AGENCY:
Food and Drug Administration,
HHS.
Proposed rule; extension of
comment period for the proposed rule
and for its information collection
provisions.
ACTION:
The Food and Drug
Administration (FDA or we) is
extending the comment period for the
proposed rule, and for the information
collection related to the proposed rule,
entitled ‘‘Laboratory Accreditation for
Analyses of Foods’’ that appeared in the
Federal Register of November 4, 2019.
We are taking this action in response to
a request for an extension to allow
interested persons additional time to
consider the proposal. We also are
taking this action to keep the comment
period for the information collection
provisions associated with the rule
consistent with the comment period for
the proposed rule.
DATES: FDA is extending the comment
period on the proposed rule published
November 4, 2019 (84 FR 59452).
Submit either electronic or written
comments on the proposed rule by April
6, 2020. Submit comments on
information collection issues under the
Paperwork Reduction Act of 1995 (PRA)
by April 6, 2020 (see the ‘‘Paperwork
Reduction Act of 1995’’ section).
ADDRESSES: You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. Electronic comments must
be submitted on or before April 6, 2020.
The https://www.regulations.gov
electronic filing system will accept
comments until 11:59 p.m. Eastern Time
at the end of April 6, 2020. Comments
SUMMARY:
E:\FR\FM\28FEP1.SGM
28FEP1
11894
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
received by mail/hand delivery/courier
(for written/paper submissions) will be
considered timely if they are
postmarked or the delivery service
acceptance receipt is on or before that
date.
jbell on DSKJLSW7X2PROD with PROPOSALS
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2019–N–3325 for ‘‘Laboratory
Accreditation for Analyses of Foods.’’
Received comments, those filed in a
timely manner (see ADDRESSES), will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday.
• Confidential Submissions—To
submit a comment with confidential
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Timothy McGrath, Staff Director, Food
and Feed Laboratory Operations, Office
of Regulatory Affairs, Food and Drug
Administration, 12420 Parklawn Dr.,
Rm. 3142, Rockville, MD 20857, 301–
796–6591, email: timothy.mcgrath@
fda.hhs.gov.
With regard to the information
collection: Domini Bean, Office of
Operations, Food and Drug
Administration, Three White Flint
North, 10A–12M, 11601 Landsdown St.,
North Bethesda, MD 20852, 301–796–
5733, email: PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of November 4, 2019
(84 FR 59452), we published a proposed
rule entitled ‘‘Laboratory Accreditation
for Analyses of Foods’’ with a 120-day
comment period on the provisions of
the proposed rule and on the
information collection provisions that
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
are subject to review by the Office of
Management and Budget (OMB) under
the PRA (44 U.S.C. 3501–3521).
FDA has received a request for a 30day extension of the comment period on
the proposed rule to allow interested
persons additional time to consider the
proposal. FDA has considered the
request and is granting the extension of
the comment period to allow interested
persons additional opportunity to
consider the proposal. We also are
extending the comment period for the
information collection provisions to
make the comment period for the
information collection provisions the
same as the comment period for the
provisions of the proposed rule. To
clarify, FDA is requesting comment on
all issues raised by the proposed rule.
The Agency believes that this extension
allows adequate time for any interested
persons to fully consider the proposal
and submit comments.
Dated: February 21, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–03944 Filed 2–27–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0002; Notice No.
187]
RIN 1513–AC54
Proposed Establishment of the Verde
Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 200 squaremile ‘‘Verde Valley’’ viticultural area in
Yavapai County, Arizona. The proposed
viticultural area is not located within,
nor does it contain, any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
April 28, 2020.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
SUMMARY:
E:\FR\FM\28FEP1.SGM
28FEP1
Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11893-11894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03944]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 1, 11, 16, and 129
[Docket No. FDA-2019-N-3325]
RIN 0910-AH31
Laboratory Accreditation for Analyses of Foods; Extension of
Comment Period
AGENCY: Food and Drug Administration, HHS.
ACTION: Proposed rule; extension of comment period for the proposed
rule and for its information collection provisions.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or we) is extending the
comment period for the proposed rule, and for the information
collection related to the proposed rule, entitled ``Laboratory
Accreditation for Analyses of Foods'' that appeared in the Federal
Register of November 4, 2019. We are taking this action in response to
a request for an extension to allow interested persons additional time
to consider the proposal. We also are taking this action to keep the
comment period for the information collection provisions associated
with the rule consistent with the comment period for the proposed rule.
DATES: FDA is extending the comment period on the proposed rule
published November 4, 2019 (84 FR 59452). Submit either electronic or
written comments on the proposed rule by April 6, 2020. Submit comments
on information collection issues under the Paperwork Reduction Act of
1995 (PRA) by April 6, 2020 (see the ``Paperwork Reduction Act of
1995'' section).
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 6, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 6, 2020. Comments
[[Page 11894]]
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2019-N-3325 for ``Laboratory Accreditation for Analyses of Foods.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Timothy McGrath, Staff Director, Food
and Feed Laboratory Operations, Office of Regulatory Affairs, Food and
Drug Administration, 12420 Parklawn Dr., Rm. 3142, Rockville, MD 20857,
301-796-6591, email: [email protected].
With regard to the information collection: Domini Bean, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733,
email: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of November 4, 2019
(84 FR 59452), we published a proposed rule entitled ``Laboratory
Accreditation for Analyses of Foods'' with a 120-day comment period on
the provisions of the proposed rule and on the information collection
provisions that are subject to review by the Office of Management and
Budget (OMB) under the PRA (44 U.S.C. 3501-3521).
FDA has received a request for a 30-day extension of the comment
period on the proposed rule to allow interested persons additional time
to consider the proposal. FDA has considered the request and is
granting the extension of the comment period to allow interested
persons additional opportunity to consider the proposal. We also are
extending the comment period for the information collection provisions
to make the comment period for the information collection provisions
the same as the comment period for the provisions of the proposed rule.
To clarify, FDA is requesting comment on all issues raised by the
proposed rule. The Agency believes that this extension allows adequate
time for any interested persons to fully consider the proposal and
submit comments.
Dated: February 21, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-03944 Filed 2-27-20; 8:45 am]
BILLING CODE 4164-01-P