[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60923-60926]
[FR Doc No: 2021-24012]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93463; File No. SR-MIAX-2021-52]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Make a Minor Adjustment to the Calculation
Methodology for the BRIXX\TM\ Commercial Real Estate Indexes

October 29, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 18, 2021, Miami International Securities Exchange, LLC
(``MIAX Options'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to make a minor adjustment to the
calculation methodology for the BRIXX\TM\ Commercial Real Estate
Indexes (the ``BRIXX Indexes''), on which the Exchange may list and
trade options.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make a minor adjustment to the calculation
methodology for each of the sector BRIXX Indexes--the BRIXX Office
Index, BRIXX Retail Index, BRIXX Residential Index, and BRIXX
Hospitality Index (collectively, the ``BRIXX Sector Indexes''), on
which the Exchange may list and trade options.\3\ The Exchange does not
propose to amend the methodology for the BRIXX Composite Index at this
time.
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    \3\ On April 16, 2020, the Exchange filed a Form 19b-4(e) with
the Commission pursuant to Rule 19b-4(e) of the Act to list and
trade options on the Advanced Fundamentals Commercial Real Estate
Indexes (the ``AF CRE Indexes''), which have since been rebranded as
the BRIXX Indexes. See Securities Exchange Act Release No. 91542
(April 13, 2021), 86 FR 20426 (April 19, 2021) (SR-MIAX-2021-09).
The Exchange has not yet listed options for trading on the BRIXX
Indexes for business reasons. The Exchange notes that it will file a
new Form 19b-4(e) with the Commission pursuant to Rule 19b-4(e) of
the Act to list and trade options on the BRIXX Indexes at the time
the Exchange anticipates it will begin listing options for trading.
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Background
    On April 17, 2020, the Exchange filed its proposal to list and
trade options on five AF CRE Indexes (the AF CRE Residential Index, AF
CRE Retail Index, AF CRE Office Index, AF CRE Hospitality Index and AF
CRE Composite Index),\4\ all of which have since been rebranded as the
BRIXX Indexes.\5\ In the AF CRE Index Notice, the Exchange described,
among other things, the component selection criteria in order for an
equity real estate

investment trust (``REIT'') to be included in the calculation of each
index.
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    \4\ See Securities Exchange Act Release No. 88767 (April 29,
2020), 85 FR 26743 (May 5, 2020) (SR-MIAX-2020-08) (Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change to List and
Trade Options That Overlie Five Advanced Fundamentals LLC Commercial
Real Estate Indexes) (the ``AF CRE Index Notice'').
    \5\ See supra note 3.
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    In particular, the composition of each index is determined in a
reconstitution on a quarterly basis from audited REIT company public
filings and supplemental filings with the Commission, updated each
quarter and intra-quarter based on 8-K, 10-Q, and 10-K filings. The
components in each of the indexes are determined from the REITs that
have the largest enterprise value (``Enterprise Value'') \6\ within
each individual sector and that meet the following minimum eligibility
requirements. To be eligible for inclusion in each of the BRIXX Sector
Indexes, a REIT must: (i) Be classified as an equity REIT; (ii) be
listed on a U.S. securities exchange; (iii) have a minimum Enterprise
Value of $1 billion; (iv) have at least 85% of its revenue derived from
the associated asset class; and (v) have issued a quarterly filing or
annual report after its initial listing.
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    \6\ The term ``Enterprise Value'' refers to the measure of a
company's total value, calculated by adding the company's market
capitalization, total liabilities and preferred equity, then
subtracting all cash and cash equivalents. See https://www.investopedia.com/terms/e/enterprisevalue.asp.
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Proposal
    The Exchange now proposes to modify the condition in romanette
(iv), above, for an equity REIT to be eligible for inclusion in each of
the BRIXX Sector Indexes. With the proposed change, to be eligible for
inclusion in each of the BRIXX Sector Indexes, an equity company/REIT
must have at least 70% of its revenue derived from the associated asset
class. The Exchange does not propose to amend any other criteria for
inclusion in the BRIXX Sector Indexes. The purpose of this change is to
ensure a broad scope of REITs that may be included in the calculation
of each BRIXX Sector Index while continuing to maintain that each
component REIT derive substantial revenue from the associated asset
class. The Exchange believes that with the proposed change, there will
be a greater pool of equity REITs that may qualify for inclusion in
each of the BRIXX Sector Index calculations, while continuing to ensure
that the integrity of each BRIXX Sector Index will not be compromised.
    Further, with the proposed change, each BRIXX Sector Index will
continue to be comprised of equity REITs representative of each
particular sector of commercial real estate. The Exchange also believes
that this proposal will continue to provide transparency regarding the
calculation methodology for the BRIXX Sector Indexes. The Exchange
represents that the proposed change will have no impact on the accuracy
and dissemination of the BRIXX Sector Index values, which will continue
to be disseminated and available to market participants in the same
manner and in the same intervals. The proposed change will be made
before the Exchange launches options on the BRIXX Sector Indexes.
    The Exchange intends that this filing is to provide market
participants with an update regarding the proposed change to one
condition of the component selection criteria, which criteria was
included in the initial filing to list and trade options on the AF CRE
Indexes (since rebranded as the BRIXX Indexes), as described in the AF
CRE Index Notice.\7\ The Exchange notes that this filing does not
propose to amend any of the Exchange's generic initial and maintenance
listing criteria, as set forth in Exchange Rules 1802(b)-(e). Further,
the Exchange notes that with the proposed change to modify one of the
conditions to the component selection criteria, the BRIXX Sector
Indexes will continue to satisfy the Exchange's initial and maintenance
listing criteria for narrow-based indexes pursuant to the Exchange's
current rules.\8\
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    \7\ See supra note 4, pages 10-11.
    \8\ See Exchange Rule 1802(b)-(c).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\9\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \11\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
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    The Exchange believes that the proposed rule changes remove
impediments to and perfects the mechanism of a free and open market a
national market system, and protects investors and the public interest
by updating the methodology to determine which component securities are
eligible for inclusion in each of the BRIXX Sector Indexes. The
proposed change will have no impact on the dissemination of BRIXX
Sector Index values; rather, the proposed change is intended to provide
an update to market participants regarding the wider eligibility of
certain components in the calculation of each index. The Exchange
believes that by broadening the scope of potential equity REITs that
may be included in each of the BRIXX Sector Indexes, this will ensure
that no single equity REIT dominates each index. The Exchange believes
this proposal perfects the mechanism of a free and open market a
national market system, and protects investors and the public interest
because, with the proposed change, there will be no change to the
initial or maintenance listing criteria, expiration months, settlement
or exercise style of options on the BRIXX Sector Indexes. Further, the
Exchange believes that the proposed change will have no impact on the
accuracy and dissemination of the BRIXX Sector Index values, which will
continue to be disseminated and available to market participants in the
same manner and in the same intervals. The Exchange notes that it has
not listed options on the BRIXX Indexes at this time.
    The Exchange believes that the proposal satisfies the requirements
of Section 6(b)(5) \12\ of the Act because, with the proposed change,
each of the BRIXX Sector Indexes will continue to satisfy the initial
listing criteria for narrow-based indexes pursuant to the Exchange's
current rules.\13\ The Exchange notes that the initial listing criteria
in Exchange Rule 1802(b) covers the following categories of
requirements, in general, for each of the BRIXX Sector Indexes: That
options are A.M-settled; each index is modified-market capitalization
weighted; specified minimum market capitalizations for each component
security; specified minimum trading volumes over certain time periods
for each component security; specified maximum weighting for the
combined weight of the five highest weighted component securities in
each index;

specified maximum weights for each individual component security; that
each component security is an ``NMS stock'' as defined in Rule 600 of
Regulation NMS under the Act; and, that each index is widely
disseminated at least once every 15 seconds by OPRA, CTA/CQ, NIDS or
one or more major market data vendors.\14\ The Exchange also believes
that, with the proposed modified eligibility criteria, that each of the
BRIXX Sector Indexes will continue to satisfy the maintenance listing
standards set forth in Exchange Rule 1802(c). The Exchange notes that
the maintenance listing criteria in Exchange Rule 1802(c) covers the
following categories of requirements, in general, for each of the BRIXX
Sector Indexes: That the initial listing criteria set forth in Exchange
Rule 1802(b)(1), (3), (6)-(12) continue to be satisfied; specified
percentages that the total number of component securities may increase
or decrease by from the time of initial listing; and specified trading
volumes over six months.\15\ Notwithstanding the proposed change in
component selection criteria, there will be no change to the current
generic initial and maintenance listing criteria. This proposed change
will have no impact on, or effect application and interpretation of,
the initial and maintenance listing criteria in Exchange Rules 1802(b)-
(c). The purpose of this prosed change is to update potential market
participants regarding the component selection criteria used for each
of the BRIXX Sector Indexes.
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    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See Exchange Rule 1802(b).
    \14\ See id.
    \15\ See Exchange Rule 1802(c).
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    The Exchange represents that it will continue to have the necessary
systems capacity to support the new option series for each of the BRIXX
Sector Indexes given the proposed modification once the Exchange
determines to list options on the BRIXX Sector Indexes.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
Intra-Market Competition
    The Exchange does not believe that the proposed change will impose
any burden on intra-market that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed change is
not intended to address a competitive issue. Rather, the proposed
change is to update one piece of the calculation methodology for the
BRIXX Sector Indexes, on which the Exchange is authorized to list
options. The proposed rule change has no impact on the dissemination of
index values for the BRIXX Indexes. Further, the Exchange has not yet
listed options for trading on the BRIXX Indexes at this time.
Inter-Market Competition
    The Exchange does not believe the propose change will impose any
burden on inter-market competition because the proposed rule change
will continue to facilitate the listing and trading of novel options
products that will enhance competition for commercial real estate
securities among market participants, to the benefit of investors and
the marketplace. This proposal furthers the Exchange's goal of listing
options on the BRIXX Indexes, which will enhance competition by
providing investors with an additional investment vehicle, in a fully-
electronic trading environment, through which investors can gain and
hedge exposure to various sectors of the commercial real estate market.
Further, these products could offer a competitive alternative to other
existing investment products that seek to allow investors to gain broad
market exposure via equity REITs in the same individual sectors as the
BRIXX Indexes.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \16\ and Rule 19b-4(f)(6) \17\
thereunder.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b 4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MIAX-2021-52 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2021-52. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All

submissions should refer to File Number SR-MIAX-2021-52 and should be
submitted on or before November 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24012 Filed 11-3-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39743-39744]
[FR Doc No: 2018-17193]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0534, FRL-9981-79-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Identification, Listing and Rulemaking Petitions
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR), Identification,
Listing and Rulemaking Petitions (Renewal) (EPA ICR No. 1189.27, OMB
Control No. 2050-0053) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act
(PRA). Before doing so, the EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through November 30, 2018. The burden associated with 2015
Coal Combustion Residuals final rule (CCR) is being moved from this ICR
into a separate ICR entitled ``Disposal of Coal Combustion Residuals
from Electric Utilities'' (EPA ICR No. 2571.01, OMB Control No. 2050-
NEW). An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before October 9, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0534, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200

Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Narendra Chaudhari, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: Under the authority of the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended, Congress directed the U.S.
Environmental Protection Agency to implement a comprehensive program
for the safe management of hazardous waste. In addition, Congress wrote
that ``[a]ny person may petition the Administrator for the
promulgation, amendment or repeal of any regulation'' under RCRA
(section 7004(a)).
    40 CFR parts 260 and 261 contain provisions that allow regulated
entities to apply for petitions, variances, exclusions, and exemptions
from various RCRA requirements.
    The following are some examples of information required from
petitioners under 40 CFR part 260. Under 40 CFR 260.20(b), all
rulemaking petitioners must submit basic information with their
demonstrations, including name, address, and statement of interest in
the proposed action. Under Sec.  260.21, all petitioners for equivalent
testing or analytical methods must include specific information in
their petitions and demonstrate to the satisfaction of the
Administrator that the proposed method is equal to, or superior to, the
corresponding method in terms of its sensitivity, accuracy, and
reproducibility. Under Sec.  260.22, petitions to amend part 261 to
exclude a waste produced at a particular facility (more simply, to
delist a waste) must meet extensive informational requirements. When a
petition is submitted, the Agency reviews materials, deliberates,
publishes its tentative decision in the Federal Register, and requests
public comment. The EPA also may hold informal public hearings (if
requested by an interested person or at the discretion of the
Administrator) to hear oral comments on its tentative decision. After
evaluating all comments, the EPA publishes its final decision in the
Federal Register.
    Form numbers: None.
    Respondents/affected entities: Business and other for-profit.
    Respondent's obligation to respond: Mandatory (RCRA 7004(a)).
    Estimated number of respondents: 2,603.
    Frequency of response: On occasion.
    Total estimated burden: 485,069 hours. Burden is defined at 5 CFR
1320.03(b).
    Total estimated cost: $64,007,121, which includes $51,653,044 in
annualized O&M costs and $12,354,077 in annualized labor costs.
    Changes in estimates: The burden hours are likely to decrease
because the burden associated with the CCR final rule are being moved
into a separate ICR.

    Dated: July 25, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-17193 Filed 8-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Notices]
[Pages 63770-63771]
[FR Doc No: 2022-22771]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2333-094]

Rumford Falls Hydro, LLC; Notice of Application Tendered for
Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2333-094.
    c. Date Filed: September 29, 2022.
    d. Applicant: Rumford Falls Hydro LLC.
    e. Name of Project: Rumford Falls Hydroelectric Project.
    f. Location: On the Androscoggin River in the Town of Rumford,
Oxford County, Maine.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Luke Anderson, Rumford Falls Hydro LLC,
Brookfield Renewable, 150 Main St., Lewiston, Maine, 04240, (207) 755-
5613, [email protected].
    i. FERC Contact: Ryan Hansen at<PHONE_NUMBER> or email at
[email protected].
    j. The application is not ready for environmental analysis at this
time.
    k. Project Description: The project consists of two developments:
the Upper Station and Lower Station. The Upper Station Development
consists of the following existing facilities: (1) a concrete gravity
dam with a 464-foot-long, 37-foot-high ogee type spillway section with
32-inch-high, pin-supported wooden flashboards; (2) a reservoir with a
storage capacity of 2,900 acre-feet and a surface area of approximately
419 acres at a maximum headwater elevation of 601.24 feet; (3) a 2,300-
foot-long, 150-foot-wide forebay; (4) a gatehouse containing two
headgates for each of the four penstocks for a total of eight headgates
with trashracks; (5) four 110-foot-long underground steel-plate
penstocks, three of which are 12 feet in diameter, and one of which is
13 feet in diameter; (6) a masonry powerhouse integral with the dam
that is composed of two adjoing stations(a) a 30-foot-wide, 110-foot-
long, 92-foot-high Old Station, containing one horizontal generating
unit with a capacity of 4,300 kilowatts (kW), and (b) a 60-foot-wide,
140-foot-long, 76-foot-high New Station containing three vertical
generating units, two with a capacity of 8,100 kW each, and one with a
capacity of 8,800 kW; (7) four 11.5-kilovolt (kV) overhead transmission
lines, two of which are de-energized, and the other two are: a 4,500-
foot-long line 2 and a 4,200-foot-long line 3; and (8) appurtenant
facilities.
    The Lower Station Development consists of the following existing
facilities: (1) a rock-filled, wooden cribbed and concrete-capped
Middle Dam, with a 328.6-foot-long, 20-foot-high gravity spillway
section with a crest elevation of 502.74 feet with 16-inch-high, pin-
supported, wooden flashboards; (2) a reservoir with storage capacity of
141 acre-feet and a surface area of 21 acres at a normal maximum
headwater elevation of 502.7 feet; (3) a 120-foot-long concrete
headgate structure located adjacent to the dam with ten steel headgates
and a waste weir section perpendicular to the headgate structure with a
crest elevation of 502.6 feet and 10-inch-high flashboards regulating
flow to the Middle Canal; (4) a 2,400-foot-long Middle Canal with a
width ranging from 75 to 175 feet and a depth from 8 to 11 feet; (5) a
gatehouse containing two headgates, trashracks, and other appurtenant
equipment regulating flow from the canal into two penstocks; (6) two
815-foot-long, 12-foot-diameter, steel-plate penstocks conveying flow
from the gatehouse to two surge tanks; (7) two 36-foot-diameter, 50.5-
foot-high cylindrical surge tanks; (8) two 77-foot-

long, 12-foot-diameter steel penstocks conveying flow from the surge
tanks to the powerhouse; (9) a masonry powerhouse containing two
identical vertical units, each with a 7,600-kW capacity; (10) two 600-
foot-long, 11.5-kV parallel generator leads; and (11) appurtenant
facilities.
    Rumford Falls Hydro LLC operates the project in a run-of-river mode
and does not propose any changes to project facilities or operation.
The project would continue to generate an estimated average of 270,800
megawatt-hours annually.
    l. Location of the Application: In addition to publishing the full
text of this notice in the Federal Register, the Commission provides
all interested persons an opportunity to view and/or print the contents
of this notice, as well as other documents in the proceeding (e.g.,
license application) via the internet through the Commission's Home
Page (http://www.ferc.gov) using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document (P-2333). For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or (202)
502-8659 (TTY).
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Issue Deficiency Letter (if necessary)  October 2022.
Issue Additional Information Request    November 2022.
 (if necessary).
Notice of Acceptance/Notice of Ready    March 2023.
 for Environmental Analysis.
Filing of recommendations, preliminary  May 2023.
 terms and conditions, and fishway
 prescriptions.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: October 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22771 Filed 10-19-22; 8:45 am]
BILLING CODE 6717-01-P


Materials Characterization Paper

	In Support of the

Advanced Notice of Proposed Rulemaking –

Identification of Nonhazardous Materials That Are Solid Waste

Construction and Demolition Materials – Disaster Debris

December 16, 2008

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

1.	Definition of Disaster Debris

Each year, natural disasters, such as wildfires, floods, earthquakes,
hurricanes, tornadoes, and winter storms, generate large amounts of
debris. This poses a challenge for public officials who must manage this
debris in a manner that is as efficient and cost-effective as possible.
The debris resulting from natural disasters often includes building
materials, sediments, vegetative debris, personal property, and other
materials (EPA 2008, p. 11).  Generally, this material has not been
discarded.  Rather, it is the product of a natural disaster.

2.	Annual Quantities of Disaster Debris Generated and Used

Sectors that generate Disaster Debris:

Disaster debris may be generated by any sector affected by a natural
disaster (e.g., households, businesses, government, etc.).

Quantities and prices of Disaster Debris generated:

While each natural disaster is unique, the top two natural disasters
that created the greatest recorded amounts of disaster-related debris in
the United States were Hurricane Andrew in 1992 (43 million cubic yards
(CY) of debris) and Hurricane Katrina in 2005 (over 100 million CY of
debris) (Luther 2006, p. 2).

The annual generation of disaster debris depends on the frequency and
severity of the natural disasters that occur during any given year and
the location where these disasters occur.

The market price of disaster debris varies by constituent.  Based on the
U.S. price of woody biomass, however, vegetation debris could generate
revenues of approximately $5 to $15 per ton (Yepsen 2008, p. 51).

Trends in generation of Disaster Debris:

The generation of disaster debris is episodic.  Information on disaster
debris trends is not readily available.

Uses of Disaster Debris

Fuel uses of Disaster Debris:

A large percentage of disaster debris is vegetative debris, which is
commonly used as boiler fuel. Oven-dry wood produces about 9,000 Btu/lb
when burned, and it can be converted to liquid or gaseous fuel.  Mixed
wood debris with some green wood has a Btu value typically near 7,300
Btu/lb, and debris with higher percentages of green wood would have
lower Btu values. In addition, it is possible to produce different forms
of solid fuel, such as charcoal, from wood debris (SWANA 2002a, pp 4,
18).

Wood debris associated with disasters is heterogeneous, and can include
treated wood, such as wooden utility poles, railroad ties, and some
lumber from decks, fences, landscaping materials, and wood bridges.
Treated wood contains chemical preservatives that can contaminate
recycled wood products. These woods can be combusted in certain energy
recovery facilities, provided the facilities comply with existing
federal, state and local requirements, but they should not be “open
burned” in piles or combusted in air curtain incinerators (ACIs).  In
general, treated wood should be handled separately from vegetative
debris being recycled (EPA 2008, pp 24, 30).

Similarly, other materials in disaster debris such as plastics and paper
may also have fuel value and be able to be combusted in some energy
recovery facilities, but the heterogeneity of these materials in the
debris stream may present a technical limitation to this application
(EPA 2008).

A notable trend in the use of disaster debris as a fuel is the increased
export of U.S. disaster debris to Europe. Due to European greenhouse gas
regulations, woody biomass sent from North America to Europe is
commanding a price of $100 to $125 per ton. However, despite the
financial incentive provided by foreign markets, the exportation of
disaster debris is often limited by several practical considerations.
For example, communities affected by disasters are usually focused on
clearing disaster debris as quickly and conveniently as possible, and
often lack the local infrastructure to store, process, and ship high
quantities of debris produced in such situations (Yepsen 2008, p. 51).
In addition, it is sometimes necessary to quarantine debris from a
region to address potential issues with pests.  For example, parts of
Louisiana have Formosan termites and this debris was therefore difficult
to ship to potential users after Hurricane Katrina (EPA, 2008, p. A-2).

Asphalt shingles can be used as fuel in cement kilns, and the mineral
components remaining after combustion can serve as raw material for the
cement (EPA 2008, p. 23).  However, while the use of asphalt shingles as
fuel is a well-established market in Europe, this use is limited in the
United States because of air pollution concerns and concerns about the
previous use of asbestos in older shingles (Shingle Recycling.org 2007).

Non-combustion uses of Disaster Debris:

Non-combustion beneficial use applications of vegetative disaster debris
include composting, land spreading (i.e., spreading debris across empty
land to facilitate biodegradation), and agricultural applications
(Alexander 2008, p. 13).

Asphalt roofing shingles can be reused in hot-mix asphalt (NAPA 1997, p.
1).

Metal in disaster debris can be recycled into other metal products (EPA
2008, p.23).  In addition, other types of debris, such as household
white goods, electronics, concrete, and asphalt pavement, can in some
cases be recovered for recycling. (EPA 2008, p. 22).

Quantities of Disaster Debris landfilled:

While the precise quantity of disaster debris disposed in landfills
depends on the natural disaster and the community affected, the majority
of disaster debris is landfilled or open burned (Yepsen 2008, p. 51).
This occurs partly out of necessity and convenience, as the focus of
most communities is to clear material as quickly as possible after a
disaster.

Quantities of Disaster Debris stockpiled/stored:

In many cases, the lack of storage capacity prevents disaster debris
from being stockpiled (Yepsen 2008, p. 51).

4.	Management and Combustion processes for Disaster Debris

Types of units using Disaster Debris:

Vegetative disaster debris can be ground into chips and used by
wood-fired industrial boilers and burners.  In addition, municipal
energy recovery facilities can in some cases manage mixed debris as well
as vegetative debris (EPA 2008).

Sourcing of Disaster Debris:

Communities affected by natural disasters, or state or Federal
governments, typically hire private contractors to remove and dispose of
disaster debris.

Processing of Disaster Debris:

To process vegetative disaster debris, contractors typically use
grinders to reduce debris into chips.  With respect to the beneficial
use of vegetative debris as a fuel source, the challenge with grinding
is that it is better suited to volume reduction than the production of
the uniform chips needed by biomass fuel plants. However, if communities
hire a processor accustomed to producing biomass fuel, the debris can be
ground into chips that meet combustor specifications (Yepsen 2008, p.
51).

The economics of utilizing biomass are challenging: the expense of
shipping woody biomass, which has a high volume to weight ratio, has
traditionally limited use to a 50 or 100-mile radius around disaster
sites (Yepsen 2008, p. 51).

Processing disaster debris is complicated by several factors: the
effects of the disaster on transportation infrastructure, the large
quantities of debris produced, the unpredictability of the quantity and
location of generation, the need for quick removal, and the tendency of
disaster debris to be composed of a mixture of materials (potentially
including contaminants) (Yepsen 2008, p. 51).  In addition, debris from
certain regions may require quarantine due to pests (EPA 2008, p. 6).

State status of Disaster Debris use as fuel:

According to state responses to a 2006 survey by the Association of
State and Territorial Solid Waste Management Officials (ASTSWMO), the
state of Florida has approved the use of vegetative hurricane debris as
fuel on at least one occasion.  Both New York and North Carolina have
approved the use of recovered wood materials as a fuel source on at
least one occasion, but it is unclear whether these approvals apply to
vegetative debris or the beneficial use of finished wood product.  In
all three states, these uses do not appear to have pre-approved status,
suggesting that a case-by-case approval process for designation of
beneficial use is in place in these states (ASTSWMO 2007, p.B-41-42).

5.	Disaster Debris Composition and Impacts

Composition of Disaster Debris:

Hurricane-related disaster debris is generally 76 percent vegetative, 17
percent mixed, 7 percent construction and demolition, and 1 percent
white goods (Alexander 2008, p. 8).  Other types of disaster debris will
have varying composition, and may include components such as ash (e.g.,
from wildfires) or sediment (e.g., from floods).

Impacts of Disaster Debris use:

Cost Impacts: Natural disasters impose significant costs on affected
communities. The disposal of disaster debris represents just one of the
costs of a natural disaster, but the beneficial use of this debris can,
in some cases, lessen these costs.  Overall, however, the net cost
impacts associated with the beneficial use of disaster debris depend on
the circumstances of the disaster and are uncertain.  For example, while
disaster debris may be valuable as a fuel source, transportation costs
and time-sensitivity can make landfill disposal the most cost-effective
management option (EPA 2008, p. 22).

While the net cost impacts associated with the beneficial use of
disaster debris are uncertain, the fuel cost savings of fuel-related
beneficial use applications can be measured based on the value of the
fuel that the debris would replace.  The recent prices of conventional
fossil fuels that may be replaced by this material are as follows:

Natural Gas (Industrial): $7.35 / MMBtu (EIA 2008a, Table 20)

No. 2 Distillate (Industrial): $16.80 / MMBtu (EIA 2008b, Table 36)

Residual Fuel Oil Average:  $9.19 / MMBtu (EIA 2008b, Table 38)

Coal – Average Delivered Price in 2006: $2.23 / MMBtu (EIA 2007, Table
ES1)

Emissions Impacts of Combustion: Emissions associated with the use of
disaster debris are likely to depend on the specific material used as a
fuel.  As indicated above, however, vegetative debris (e.g., wood) can
represent approximately 76 percent of disaster debris.  Thus, as an
illustrative example, Exhibit 1 compares the emission factors for wood
with the corresponding values for conventional fuels that disaster
debris may displace.  The estimates in the exhibit suggest that the
combustion of wood results in higher PM emissions than natural gas or
distillate oil, but lower PM emissions than coal or residual oil
systems. The data in Exhibit 1 also suggest that wood results in lower
SO2 emissions than most conventional fuels.  The estimated NOx emissions
associated with wood combustion are similar to those associated with
distillate and lower than the NOx emissions for other conventional
fuels.

The emissions profile of treated woods or wood with lead paint may
differ from the values presented in Exhibit 1.  For example, concerning
the combustion of railroad ties, creosote in the ties increases the
combustion temperature, resulting in a more complete combustion of some
organics such as benzene, formaldehyde, and dioxins.  However, the
creosote itself contains 200 to 300 chemicals (Reid 2002).  In addition,
wood treated with chromium copper arsenate (CCA-treated wood) contains
arsenic, copper, and chromium that may be emitted when this wood is
combusted (Iida et al. 2004).  Similarly, lead may be emitted during the
combustion of lead-painted wood. Information on the magnitudes of these
emissions is not readily available.

Lifecycle Emissions Impacts: Use of disaster debris as a replacement for
traditional primary fuels may eliminate the environmental impacts
associated with extraction and processing of traditional fuels.  In
addition to the emissions impacts of combustion described above, Exhibit
1 lists the quantities of the total cradle-to-gate emissions for these
fuels based on typical processes in the United States in the late 1990s,
with wood scrap combustion presented as a proxy for disaster debris.
Note that there may be impacts associated with the processing of
disaster debris into useable fuel that are not accounted for in the
values presented in Exhibit 1.  In addition, there may be alternative
uses (e.g., composting) that are environmentally preferable to
combustion.

Exhibit 1:  Comparative Impacts of Wood Combustion versus Alternative
Primary Fuels

Pollutant	Wood	Coal	Distillate Fuel Oil	Residual Fuel Oil	Natural Gas

	Combustion	Combustion	Combustion plus Upstream	Combustion	Combustion
plus Upstream	Combustion	Combustion plus Upstream	Combustion	Combustion
plus Upstream

	------------------------------------------- lb./MMBtu
---------------------------------------

Criteria Pollutants

PM2.5	-	-	-	-	-	-	-	-	-

PM10	0.019	0.054	0.054	0.011	0.011	0.093	0.093	0.009	0.009

PM, unspecified	-	-	0.246	-	0.012	-	0.012	-	0.004

NOx	0.167	0.482	0.504	0.173	0.234	0.367	0.428	0.301	0.417

VOCs	-	0.006	0.014	0.001	0.363	0.002	0.367	0.009	0.524

SOx	0.008	1.446	1.469	0.209	0.394	1.593	1.781	0.073	1.985

CO	1.511	0.068	0.085	0.036	0.082	0.033	0.079	0.058	0.282

Pb	1.33x10-4	8.93x10-6	9.19x10-6	4.60x10-6	5.61x10-6	5.80x10-5	5.90x10-5
-	2.72x10-7

Hg	-	2.05x10-6	2.14x10-6	1.58x10-6	1.77x10-6	8.67x10-6	8.85x10-6	-
7.18x10-8

Source:

Franklin Associates 1998.

Note:

“-” signifies data not available; may equal zero.

The emission information presented in this table is derived from Life
Cycle Inventory (LCI) data, as compiled by Franklin Associates.   LCI
data identifies and quantifies resource inputs, energy requirements, and
releases to the air, water, and land for each step in the manufacture of
a product or process, from the extraction of the raw materials to
ultimate disposal. The LCI can be used to identify those system
components or life cycle steps that are the main contributors to
environmental burdens such as energy use, solid waste, and atmospheric
and waterborne emissions.  Uncertainty in an LCI is due to the
cumulative effects of input uncertainties and data variability.

There are several life cycle inventory databases available in the U.S.
and Europe.  For this paper, we applied the most readily available LCI
database that was most consistent with the materials and uses examined.
These LCI data rely on system boundaries as defined by Franklin
Associates, as described in the documentation for this database,
available at:   HYPERLINK
"http://www.pre.nl/download/manuals/DatabaseManualFranklinUS98.pdf"
http://www.pre.nl/download/manuals/DatabaseManualFranklinUS98.pdf .

References

Alexander, Michael. 17 July 2008, "Shelter from the Storm: Increasing
Beneficial Use of Disaster Debris." NEWMOA Web Session.

Association of State and Territorial Solid Waste Management Officials
(ASTSWMO).  November 2007, 2006 Beneficial Use Study Report.

Biomass Energy Resource Center. "Emissions and Air Quality," Available
at:   HYPERLINK
"http://www.biomasscenter.org/information/emissions.html"
http://www.biomasscenter.org/information/emissions.html

Franklin Associates.  1998, “Franklin US LCI 98 Library”.

Iida, Kenjiro, John Pierman, Thabet Tolaymat, Timothy Townsend, Chang-Yu
Wu.  2004, “Control of Chromated Copper Arsenate Wood Incineration Air
Emissions and Ash Leaching Using Sorbent Technology,” Journal of
Environmental Engineering, February 2004.

Luther, Linda. June 2006, “Disaster Debris Removal after Hurricane
Katrina: Status and Issues.” Congressional Research Service.

National Asphalt Paving Association (NAPA). 1997, “Use of Waste
Asphalt Shingles in HMA: State-of-the-Practice.”

Reid, Magny.  17 February 2002, “Toxic Ties?” La Crosse Tribune,
Available at:   HYPERLINK
"http://findarticles.com/p/articles/mi_qa3652/is_200202/ai_n9039015/pg_1
?tag=artBody;col1"
http://findarticles.com/p/articles/mi_qa3652/is_200202/ai_n9039015/pg_1?
tag=artBody;col1

Shingle Recycling.org. 2007, “Markets for Recycling Asphalt
Shingles.” Accessed 26 September 2008. Last updated 15 January 2007.
Available at:   HYPERLINK
"http://www.shinglerecycling.org/index.php?option=com_content&task=view&
id=51&Itemid=147"
http://www.shinglerecycling.org/index.php?option=com_content&task=view&i
d=51&Itemid=147

Solid Waste Association of North America (SWANA). 2002a,  "Successful
approaches to recycling urban wood waste,” Madison, WI: U.S.
Department of Agriculture, Forest Service, Forest Products Laboratory.

United States Energy Information Administration (EIA). 2007, “Annual
Coal Report 2006”.

United States Energy Information Administration (EIA). 2005, Annual
Energy Review 2004.

United States Energy Information Administration (EIA). 2008a, “Natural
Gas Monthly”, July 2008.

United States Energy Information Administration (EIA). 2008b,
Preliminary Petroleum Marketing Annual 2007.

United States Environmental Protection Agency (EPA). March 2008,
“Planning for Natural Disaster Debris”.

Yepsen, Rhodes. 2008, "Generating Biomass Fuel from Disaster Debris,"
Biocycle, Vol. 49: page 51.

  HYPERLINK "http://www.jgpress.com/archives/_free/001685.html"
http://www.jgpress.com/archives/_free/001685.html

 We note that the emission factors for wood presented in Exhibit 1
represent averages for wood-burning boilers.

Construction and Demolition Materials – Disaster Debris

 PAGE

 PAGE   5


[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Pages 7871-7872]
[FR Doc No: 2015-02908]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-0152]

Alcoholism: Developing Drugs for Treatment; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Alcoholism:
Developing Drugs for Treatment.'' The purpose of this guidance is to
assist sponsors in the development of drugs for the treatment of
alcoholism.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by April 13, 2015.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10001 New
Hampshire Ave., Hillandale Bldg., 4th Floor, Silver Spring, MD 20993.
Send one self-addressed adhesive label to assist that office in
processing your requests. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Rachel Skeete, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 3191, Silver Spring, MD 20993-0002, 301-
796-2280.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Alcoholism: Developing Drugs for Treatment.'' There is a
need for additional pharmacologic treatments for alcoholism.
Traditionally, alcoholism treatments have been assessed based on the
number of patients who refrain from drinking altogether. Patients who
attain and sustain complete abstinence from alcohol may be assumed to
accrue clinical benefit. However, other patterns of drinking also may
be valid surrogates for clinical benefit. This guidance provides
supporting information for endpoints based on patterns of drinking that
may be considered appropriate measures of clinical benefit.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on the
development of drugs for the treatment of alcoholism and appropriate
endpoints for clinical trials of drugs to treat alcoholism. It does not
create or confer any rights for or on any person and does not operate
to bind FDA or the public. An alternative approach may be used if such
approach satisfies the requirements of the applicable statutes and
regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR parts 312 and 314 have
been approved under OMB

control numbers 0910-0014 and 0910-0001, respectively.

III. Comments

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

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: February 6, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-02908 Filed 2-11-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61462-61463]
[FR Doc No: 2012-24734]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67962; File No. SR-NYSEArca-2012-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove Proposed Rule Change
Proposing a Pilot Program To Create a Lead Market Maker Issuer
Incentive Program for Issuers of Certain Exchange-Traded Products
Listed on NYSE Arca, Inc.

October 2, 2012.
    On April 27, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
create and implement, on a pilot basis, a Lead Market Maker (``LMM'')
Issuer Incentive Program (``Fixed Incentive Program'') for issuers of
certain exchange-traded products (``ETPs'') listed on the Exchange. The
proposed rule change was published for comment in the Federal Register
on May 17, 2012.\3\ The Commission initially received two comment
letters on the proposal.\4\ On June 20, 2012, pursuant to Section
19(b)(2) of the Act,\5\ the Commission extended the time

period for Commission action on the proposed rule change to August 15,
2012.\6\ The Commission subsequently received one additional comment
letter on the NYSE Arca Proposal.\7\ On July 11, 2012, the Commission
instituted proceedings to determine whether to approve or disapprove
the proposed rule change.\8\ The Commission thereafter received six
comment letters and a response letter from the Exchange.\9\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66966 (May 11,
2012), 77 FR 29419.
    \4\ See Letter from Gus Sauter, Managing Director and Chief
Investment Officer, Vanguard, dated June 7, 2012; and Letter from
Ari Burstein, Senior Counsel, Investment Company Institute, dated
June 7, 2012.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 67222 (June 20,
2012), 77 FR 38116 (June 26, 2012).
    \7\ See Letter from John T. Hyland, CFA, Chief Investment
Officer, United States Commodity Funds LLC, dated June 27, 2012.
    \8\ See Securities Exchange Act Release No. 67411, 77 FR 42052
(July 17, 2012).
    \9\ See Letter from Joseph Cavatoni, Managing Director, and
Joanne Medero, Managing Director, BlackRock, Inc., dated July 11,
2012; Letter from Stanislav Dolgopolov, Assistant Adjunct Professor,
UCLA School of Law, dated August 15, 2012; Letter from James E.
Ross, Global Head, SPDR Exchange Traded Funds, State Street Global
Advisors, dated August 16, 2012; Letter from Ari Burstein, Senior
Counsel, Investment Company Institute, dated August 16, 2012; Letter
from F. William McNabb, Chairman and Chief Executive Officer,
Vanguard, dated August 16, 2012; and Letter from Andrew Stevens,
Legal Counsel, IMC Chicago, LLC d/b/a IMC Financial Markets, dated
August 16, 2012. See Letter from Jane McGinness, EVP & Corporate
Secretary, General Counsel, NYSE Markets, dated August 14, 2012.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on May 17, 2012. November 13, 2012 is 180 days from
that date, and January 12, 2013 is 240 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider this proposed
rule change, the issues raised in the comment letters that have been
submitted in response to the proposed rule change, including comment
letters submitted in response to the Order Instituting Proceedings, and
the Exchange's responses to such comments.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\11\ designates January 12, 2013 as the date by which the
Commission should either approve or disapprove the proposed rule change
(File Number SR-NYSEArca-2012-37).
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

[FR Doc. 2012-24734 Filed 10-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Rules and Regulations]
[Pages 73996-73998]
[FR Doc No: 2011-30713]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0994]
RIN 1625-AA08

Special Local Regulations; Orange Bowl International Youth
Regatta, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing special local regulations on
the waters of Biscayne Bay in Miami, Florida during the Orange Bowl
International Youth Regatta, a series of sailboat races. The Orange
Bowl International Youth Regatta is scheduled to take place from
Tuesday, December 27, 2011 through Friday, December 30, 2011. The
regatta will be at four separate race courses. Approximately 50 to 200
participants will race on each race course. These special local
regulations are necessary to provide for the safety of life on
navigable waters during the regatta. The special local regulations
establish four race areas, one around each race course. All persons and
vessels that are not participating in the regatta are prohibited from
entering, transiting through, anchoring in, or remaining within any of
the race areas unless authorized by the Captain of the Port Miami or a
designated representative.

DATES: This rule is effective from 9:30 a.m. on December 27, 2011
through 5 p.m. on December 30, 2011. This rule will be enforced daily
from 9:30 a.m. until 5 p.m. on December 27, 2011 through December 30,
2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0994 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0994 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Jennifer S. Makowski,
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the Orange Bowl International Youth Regatta
until October 11, 2011. As a result, the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to regatta participants, participant vessels,
spectators, and the general public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233.
    The purpose of the rule is to insure safety of life on navigable
waters of the United States during the Orange Bowl International Youth
Regatta.

Discussion of Rule

    From December 27, 2011 through December 30, 2011, the Coral Reef
Yacht Club is hosting the Orange Bowl International Youth Regatta on
Biscayne Bay in Miami, Florida. The regatta will take place at four
separate race courses. Over 600 sailboats are expected to participate
in the regatta, with an anticipated 50-200 vessels participating at
each race course. Although this event occurs annually, and special
local regulations have been promulgated in the Code of Federal
Regulations at 33 CFR 100.701, these regulations do not: (1) Establish
multiple race areas on Biscayne Bay for the regatta; (2) provide
sufficient detail regarding the special local regulations that will be
enforced during the regatta; (3) list the correct dates for this year's
regatta; and (4)

identify the correct event sponsor. Therefore, the special local
regulations set forth in 33 CFR 100.701 are inapplicable for this
year's Orange Bowl International Youth Regatta.
    The special local regulations consist of a series of race areas
around the four race courses on Biscayne Bay in Miami, Florida during
the Orange Bowl International Youth Regatta. These special local
regulations will be enforced daily from 9:30 a.m. until 5 p.m. on
December 27, 2011 through December 30, 2011. Persons and vessels are
prohibited from entering, transiting through, anchoring, or remaining
within any of the race areas unless authorized by the Captain of the
Port Miami or a designated representative. Persons and vessels desiring
to enter, transit through, anchor in, or remain within any of the race
areas may contact the Captain of the Port Miami by telephone at (305)
535-4472, or a designated representative via VHF radio on channel 16,
to request authorization. If authorization to enter, transit through,
anchor in, or remain within any of the race areas is granted by the
Captain of the Port Miami or a designated representative, all persons
and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or a designated
representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Regulatory Planning and Review, and 12866,
Improving Regulation and Regulatory Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for a total of 30 hours; (2) although persons and vessel will not be
able to enter, transit through, anchor in, or remain within any of the
race areas without authorization from the Captain of the Port Miami or
a designated representative, they may operate in the surrounding area
during the enforcement periods; (3) persons and vessels may still
enter, transit through, anchor in, or remain within the race areas if
authorized by the Captain of the Port Miami or a designated
representative; and (4) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Biscayne Bay encompassed within the special local regulations from 9:30
a.m. on December 27, 2011 through 5 p.m. on December 30, 2011. For the
reasons discussed in the Regulatory Planning and Review section above,
this rule will not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a regatta. Under figure 2-1, paragraph (34)(h), of the
Instruction, an environmental analysis checklist and a categorical
exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.T07-0994 to read as follows:

Sec.  100.T07-0994  Special Local Regulations; Orange Bowl
International Youth Regatta, Biscayne Bay, Miami, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Race Area 1. All waters of Biscayne Bay located within an 800
yard radius of position 25[deg]43'48.36'' N, 80[deg]13'03.30'' W.
    (2) Race Area 2. All waters of Biscayne Bay located within a 1,400
yard radius of position 25[deg]43'40.74'' N, 80[deg]11'37.02'' W.
    (3) Race Area 3. All waters of Biscayne Bay located within a 2,000
yard radius of position 25[deg]42'11.40'' N, 80[deg]12'44.52'' W.
    (4) Race Area 4. All waters of Biscayne Bay located within a 2,000
yard radius of position 25[deg]40'17.40'' N, 80[deg]13'26.10'' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
areas unless authorized by the Captain of the Port Miami or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Periods. This rule will be enforced daily from 9:30
a.m. until 5 p.m. on December 27, 2011 through December 30, 2011.

    Dated: November 2, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-30713 Filed 11-28-11; 11:15 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41782-41783]
[FR Doc No: 2011-17837]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: EC11-91-000.
    Applicants: Mesquite Power, LLC.
    Description: Mesquite Power, LLC Application pursuant to section
203 of the FPA for Authorization of Intracorporate Transfer of
Jurisdictional Assets.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5299.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

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

    Docket Numbers: ER10-2278-001; ER10-2277-001; ER10-3203-001.
    Applicants: Cogentrix Virginia Leasing Corporation, James River
Cogeneration Company, J. Aron & Company.
    Description: Updated Market Power Analysis and Request for Category
1 Seller Status Cogentrix Virginia Leasing Corporation, et al.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5308.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER10-2331-001; ER10-2343-001; ER10-2320-001; ER10-
2322-002; ER10-2326-001; ER10-2327-002; ER10-2330-001.

    Applicants: J.P. Morgan Ventures Energy Corporation, J.P. Morgan
Commodities Canada Corporation, BE Alllegheny LLC, BE Ironwood LLC,
Cedar Brakes I, LLC, Cedar Brakes II, LLC, Utility Contract Funding,
LLC.
    Description: Updated Market Power Analysis and Order 697 Compliance
Filing of the JPMorgan Sellers for the Northeast Region.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5312.
    Comment Date: 5 p.m. Eastern Time on Monday, August 29, 2011.

    Docket Numbers: ER11-3576-001; ER97-3583-005; ER11-3401-002; ER10-
3138-001.
    Applicants: Golden Spread Electric Cooperative, Inc., GS Electric
Generating Cooperative, Inc., Golden Spread Panhandle Wind Ranch, LLC,
Denver City Energy Associates, L.P.
    Description: Notice of Non-Material Change of Status of Golden
Spread Electric Cooperative, Inc. et al.
    Filed Date: 07/05/2011.
    Accession Number: 20110705-5062.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 26, 2011.

    Docket Numbers: ER11-3994-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Notice of termination of Service Agreement 1586 of New
York Independent System Operator, Inc.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5313.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 21, 2011.

    Docket Numbers: ER11-3995-000.
    Applicants: Cleco Power LLC.
    Description: Request for Cancellation of Cleco Power LLC Service
Agreement No. 101.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5304.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3996-000.
    Applicants: Cleco Power LLC.
    Description: Request for Cancellation of Cleco Power LLC Service
Agreement No. 102.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5305.
    Comment Date: 5 p.m. Eastern Time on Friday, July 22, 2011.

    Docket Numbers: ER11-3997-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Service Agreement Nos. 2955 and 2956 to be effective
6/2/2011.
    Filed Date: 07/05/2011.
    Accession Number: 20110705-5071.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 26, 2011.

    Docket Numbers: ER11-3998-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company Request for Waiver of Tariff
Provision.
    Filed Date: 07/05/2011.
    Accession Number: 20110705-5082.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 15, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 5, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-17837 Filed 7-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Notices]
[Page 37792-37793]
[DOCID:fr30jn10-58]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0420; FRL-8828-9]

Formaldehyde Gas; Receipt of Application for Emergency Exemption,
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY:  EPA has received a quarantine exemption request from EPA's,
Office of Emergency Management, Office of Solid Waste and Emergency
Response (OSWER) to use formaldehyde gas (CAS No. 82115-62-6) to
decontaminate non-food contact surfaces to control Bacillus anthracis.
The applicant proposes the use of a new chemical which has not been
registered by the EPA.

DATES:  Comments must be received on or before July 15, 2010.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0420, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0420. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although, listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Princess Campbell, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).

     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. EPA has requested the
Administrator to issue a quarantine exemption for the use of
formaldehyde gas on non-food contact surfaces to control Bacillus
anthracis. Information in accordance with 40 CFR part 166 was submitted
as part of this request.
    As part of this request, the applicant asserts that this quarantine
exemption will enable responders to have effective decontamination
antimicrobial pesticide products, following either an accidental or
intentional release of Bacillus anthracis spores. If remediation of
anthrax contaminated sites does not occur, several deaths could result,
and government and business activities would cease in affected areas.
This could have a serious impact if contamination is intentional and
widespread. This chemical has already been used, after issuance of
crisis exemptions to inactivate anthrax spores at specific locations
during previous contamination events.
    It is impossible to estimate in advance the total amount of product
which may be used under this exemption. This product will be used only
in response to confirmed cases of anthrax contamination, and only on an
as needed basis.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
quarantine exemption proposing:
     Use of a new chemical (i.e., an active ingredient) which has not
been registered by EPA.
     The notice provides an opportunity for public comment on the
application.
    The Agency, will review and consider all comments received during
the comment period in determining whether to issue the quarantine
exemption requested by the EPA's OSWER.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 21, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-15755 Filed 6-29-10; 8:45 a.m.]
BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Page 49223]
[FR Doc No: 2017-23080]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3393-EM; Docket ID FEMA-2017-0001]

Mississippi; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Mississippi (FEMA-3393-EM), dated October 7, 2017, and
related determinations.

DATES: This amendment was issued October 12, 2017.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective October 10, 2017.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23080 Filed 10-23-17; 8:45 am]
 BILLING CODE 9111-23-P