[Federal Register: April 22, 2010 (Volume 75, Number 77)]
[Notices]
[Page 21080-21083]
[DOCID:fr22ap10-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61913; File No. SR-NYSE-2010-29]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Implementing an Equity Transaction Fee Schedule for Shares Executed on
the NYSE MatchPoint\SM\ System

April 15, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 12, 2010, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes an equity transaction fee schedule for shares
executed on the NYSE MatchPointSM (``NYSE MatchPoint'' or
``MatchPoint'') system, effective upon filing with the Securities
Exchange Commission (the ``SEC'' or the ``Commission''), which will
replace the current transaction fee waiver for all MatchPoint
executions.\4\ The proposed transaction fee will include criteria that
will permit all users a per share fee reduction for entering specified
levels of volume in addition to a scaled fee schedule for shares
executed on MatchPoint. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.nyse.com.
---------------------------------------------------------------------------

    \4\ Currently, MatchPoint charges no transaction fees for
MatchPoint executions. See Securities Exchange Act Release No. 61350
(January 14, 2010), 75 FR 3767 (January 22, 2010) (SR-NYSE-2010-01);
see also Securities Exchange Act Release No. 61520 (February 16,
2010), 75 FR 8163, (February 23, 2010) (SR-NYSE-2010-06).
---------------------------------------------------------------------------

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

    In its filing with the Commission, the self-regulatory organization
included

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

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

1. Purpose
    The Exchange proposes to amend the NYSE's 2010 Price List by adding
an equity transaction fee schedule for shares executed on the NYSE
MatchPoint system, effective upon filing with the Commission, which
will replace the current transaction fee waiver for all MatchPoint
executions.\5\ The proposed transaction fee will include criteria that
will permit all users to obtain a per share fee reduction for
MatchPoint executions by entering specified levels of volume into
MatchPoint in addition to a scaled per share fee for shares executed on
MatchPoint, which is described in more detail below. The proposed fee
reduction will only apply when MatchPoint orders are executed.
---------------------------------------------------------------------------

    \5\ Ibid. footnote 1.[sic]
---------------------------------------------------------------------------

    Background: On January 7, 2009, the Exchange filed with the
Securities and Exchange Commission a proposed rule change to adopt a
temporary equity transaction fee for shares executed on the NYSE
MatchPoint system that was effective until February 28, 2009.\6\ This
temporary equity transaction fee was extended numerous times since the
original filing and was scheduled to terminate on January 31, 2010.\7\
Each such filing was effective upon filing pursuant to Section
19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-4.\9\
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    \6\ See Securities Exchange Act Release No. 59229 (January 12,
2009) 74 FR 3119 (January 16, 2009) (SR-NYSE-2009-01).
    \7\ See Securities Exchange Act Release No. 59491 (March 3,
2009) 74 FR 10107 (March 9, 2009) (SR-NYSE-2009-20); see Securities
Exchange Act Release No. 59864 (May 5, 2009) 74 FR 22194 (May 12,
2009) (SR-NYSE-2009-44); see Securities Exchange Act Release No.
60278 (July 10, 2009) 74 FR 34615 (July 16, 2009) (SR-NYSE-2009-67);
see Securities Exchange Act Release No. 60439 (August 5, 2009) 74 FR
40270 (August 11, 2009) (SR-NYSE-2009-78) and see also Securities
Exchange Act Release No. 60949 (November 6, 2009) 74 FR 58665
(November 13, 2009) (SR-NYSE-2009-110).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    The temporary equity transaction fee was a scaled fee for
MatchPoint users based on the average daily volume of shares executed
during a calendar month through the MatchPoint system as follows:

------------------------------------------------------------------------
    Average daily volume of shares
               executed                               Rate
------------------------------------------------------------------------
50,000 shares or less.................  $.0015 per share.
Over 50,000 to 499,999................  .0010 per share.
500,000 and greater...................  .0005 per share.
------------------------------------------------------------------------

    On January 7, 2010, the Exchange proposed a transaction fee holiday
waiving all MatchPoint transaction fees under the temporary equity
transaction fee schedule until January 29, 2010.\10\ The temporary
waiver of fees was extended until March 31, 2010.\11\ Waiver of
MatchPoint transaction fees is currently in effect and will terminate
when this proposed rule filing is filed with the Commission. The
Exchange believed that the temporary waiver of the transaction fee
would induce users to enter more single-sided volume \12\ into the
MatchPoint system. The Exchange intends that the proposed transaction
fee schedule will be in effect upon filing with the Commission.
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    \10\ See Securities Exchange Act Release No. 61350 (January 14,
2010), 75 FR 3767 (January 22, 2010) (SR-NYSE-2010-01).
    \11\ See Securities Exchange Act release No. 61520 (February 16,
2010), 75 FR 8163, (February 23, 2010) (SR-NYSE-2010-06).
    \12\ Executions in the MatchPoint system occur when buy and sell
interest in a security is entered on a matched basis (both buy and
sell sides submitted together) or when interest submitted in the
system by one user matches against contra side interest submitted by
another user.
---------------------------------------------------------------------------

    Proposed Transaction Fee Schedule: The Exchange proposes to re-
establish the scaled fees that were temporarily effective from January
7, 2009 until January 7, 2010 with an additional criterion: to permit
fee reductions for MatchPoint executions when users enter certain
volume levels into MatchPoint matching sessions. The Exchange believes
that the new fee schedule will continue to reward those who have been
using the MatchPoint system for share execution, and will provide an
additional incentive for users that can add share volume to MatchPoint
as described below.
    ``Shares Entered'': By this filing, the Exchange proposes to
provide an incentive for users to enter share volume into the
MatchPoint system because by adding volume, even if such volume is
added only to one side of the market (i.e., buy side or sell side), the
likelihood of obtaining executions will increase. The proposed fee
schedule rewards those users who obtain executions of their orders and
who add volume at the specified share levels into any MatchPoint
matching sessions (i.e., intra day and after hours sessions). However,
no user can obtain the proposed fee reductions unless their MatchPoint
orders execute. To be clear, the Exchange is not charging users to
enter volume into MatchPoint. Rather, the proposed fee schedule adds a
criterion that will permit a fee reduction for MatchPoint users who
enter certain levels of volume when their orders execute on MatchPoint.
As the proposed fee schedule provides, a user can have a minimum amount
of executions that do not reach the ``shares executed'' threshold on
MatchPoint and still obtain a fee reduction if the user ``enters'' the
specified share levels into the MatchPoint system.
    The Exchange will calculate the proposed transaction fees based on
whichever criterion (shares ``executed'' or ``entered'') achieves the
lowest rate on a monthly basis. The date of effectiveness for the
proposed fee schedule will be the date of filing. Therefore, the
Exchange will calculate a user's transaction fees for April 2010 based
on the threshold criteria during the trading days remaining from the
date of effectiveness to April 30, 2010. Thereafter, the Exchange will
calculate the transaction fees on a monthly basis.
    To be eligible for the proposed ``shares entered'' fee reduction
schedule, shares entered into the MatchPoint system must participate in
a matching session (i.e., intra day sessions or after hours session)
and execute. Shares entered into MatchPoint and cancelled by the user
before a matching session commences will not be eligible for the
proposed fee reduction. Shares entered into MatchPoint and cancelled
due to a system malfunction, or some other Exchange-driven event, will
still be eligible for the proposed ``entered share'' fee reduction.
    As the chart below demonstrates, the proposed fee schedule will
provide the following rates based on the average daily volume of shares
executed and ``entered'' into the MatchPoint system:
    (1) 50,000 shares or less executed or 499,999 shares or less
entered into MatchPoint that participate in a matching session will be
charged $.0015 per share; and
    (2) Over 50,000 to 499,999 shares executed or 500,000 up to and
including 4,999,999 shares entered into MatchPoint that participate in
a matching session will be charged $.0010 per share; and

    (3) 500,000 shares and greater executed or over 5,000,000 shares
entered into MatchPoint that participate in a matching session will be
charged $.0005 per share.

                           Threshold Criteria
------------------------------------------------------------------------
  Average daily volume of shares executed/
              entered per month                Rate per share  executed
------------------------------------------------------------------------
50,000 shares or less executed or 499,999     $.0015 per share.
 shares or less entered.
Over 50,000 to 499,999 shares executed or     $.0010 per share.
 500,000 to 4,999,999 shares entered.
500,000 and greater shares executed or over   $.0005 per share.
 5,000,000 shares entered.
------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\13\ for the proposed rule change is the requirement under Section
6(b)(4) that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. The Exchange believes the
proposed fee schedule is reasonable in that it carries forward a
reduction in fees that was established in the former temporary scaled
fee (effective January 7, 2009 until January 7, 2010) and adds another
criterion; ``entered shares,'' which also provides a per share
reduction in fees when orders are executed in the MatchPoint. In this
way, a MatchPoint user will be able to obtain a reduction in
transaction fees if the user reaches the scaled thresholds for
executions or the scaled thresholds for shares entered. The proposed
fee schedule is designed to make the system more competitive through
the entering of specified share levels into the MatchPoint system. The
proposed fee schedule, which will be effective upon filing, rewards all
MatchPoint users who not only obtain executions but who enter certain
levels of volume. Finally, the fees are equitable in that they are
available to all members who access the MatchPoint system.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78a.
---------------------------------------------------------------------------

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.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes or changes a due, fee, or
other charge imposed on its members by the NYSE.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.
    The Exchange believes the proposed fee schedule is reasonable and
provides incentives to users to reduce their MatchPoint transaction
fees. In addition, the proposed transaction fee schedule is designed to
make the system more competitive through the entering of specified
share levels into the MatchPoint system. As such, the proposed
transaction fee schedule rewards those MatchPoint users who not only
obtain executions, but who enter certain levels of volume. Finally, the
fees are equitable in that they are available to all members who access
the MatchPoint system.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2010-29. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2010-29 and should be
submitted on or before May 13, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9273 Filed 4-21-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Page 48744]
[FR Doc No: 2014-19466]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 405-106 and 2355-018: Project No. 1888-030]

Exelon Generation Company, LLC; York Haven Power Company, LLC;
Public Meetings Soliciting Comments on the Draft Multi-Project
Environmental Impact Statement for the York Haven Hydroelectric
Project, The Muddy Run Pumped Storage Project, and the Conowingo
Hydroelectric Project

    On July 30, 2014, the Federal Energy Regulatory Commission
(Commission or FERC) issued a Draft Multi-Project Environmental Impact
Statement (draft EIS) for the York Haven Hydroelectric Project No.
1888-030 (York Haven Project), the Muddy Run Pumped Storage Project No.
2355-018 (Muddy Run Project), and the Conowingo Hydroelectric Project
No. 405-106 (Conowingo Project). The draft EIS documents the views of
governmental agencies, non-governmental organizations, affected Indian
tribes, the public, the license applicants, and Commission staff. All
written comments must be filed by Monday, September 29, 2014, and
should reference Project Nos. 1888-030, 2355-018, and 405-106. More
information on filing comments can be found in the letter at the front
of the draft EIS or on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed.
    In addition to or in lieu of sending written comments, you are
invited to attend public meetings that will be held to receive comments
on the draft EIS. The daytime meeting will focus on resource agency,
Indian tribes, and non-governmental organization comments, while the
evening meetings are primarily for receiving input from the public;
however, all interested individuals and entities are invited to attend
any of the public meetings. The time and location of the meetings are
as follows:
    Date: Tuesday, September 16, 2014.
    Time: 10:00 a.m.
    Place: Darlington Fire Station.
    Address: 2600 Castleton Road, Darlington, Maryland 21034, (410)
965-7740.

    Date: Tuesday, September 16, 2014.
    Time: 6:00 p.m.
    Place: Darlington Fire Station.
    Address: 2600 Castleton Road, Darlington, Maryland 21034, (410)
965-7740.

    Date: Wednesday, September 17, 2014.
    Time: 6:00 p.m.
    Place: Holiday Inn Harrisburg East.
    Address: 4751 Lindle Road, Harrisburg, Pennsylvania 17111, (717)
939-7841.
    At these meetings, resource agency personnel and other interested
persons will have the opportunity to provide oral and written comments
and recommendations regarding the draft EIS. The meetings will be
recorded by a court reporter, and all statements (verbal and written)
will become part of the Commission's public record for the project.
These meetings are posted on the Commission's calendar located at
http://www.ferc.gov/EventCalendar/EventsList.aspx along with other
related information.
    For further information, contact Emily Carter at<PHONE_NUMBER> or
at<EMAIL_ADDRESS>
    Dated: August 11, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19466 Filed 8-15-14; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:dear F.D.A

i am a proud user of the popular electronic cigarette.
i am informing you that i personally do not want the product i am using to be regulated bby the BIG tobacco companies.
the reason being is because instead of thousands of ingredients compared to only two i think the e-cigarette is healthier and more safe to a consumer like me.

   A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23348-23349]
[FR Doc No: 2014-09591]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.              Filed date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    1. ER14-1050-000, ER14-1050-         4-7-14  ClearView Energy
     001.                                         Partners, LLC.
    2. P-2114..................          4-7-14  Columbia River Inter-
                                                  Tribal Fish
                                                  Commission.
    3. RD14-6-000, RM14-1-000..          4-7-14  Foundation for
                                                  Resilient Societies.
Exempt:
    1. ER13-1380-000...........          4-2-14  Putnam County
                                                  Executive, NY.
    2. CP12-507-000............          4-2-14  TX Senator Juan Chuy
                                                  Hinojosa.
    3. CP13-25-000.............          4-2-14  Hon. Mary L. Landrieu.
    4. CP13-113-000............          4-4-14  Prince George's County
                                                  Government, MD.
    5. P-12790-000.............          4-4-14  Hon. Elizabeth Esty.
    6. CP13-113-000............          4-4-14  Montgomery County
                                                  Council, MD.
    7. P-2210-000..............          4-7-14  Hon. Mark R. Warner.
    8. ER13-1380-000...........          4-7-14  City of Kingston Common
                                                  Council, NY.\1\
    9. ER13-1380-000...........          4-7-14  Ulster County
                                                  Executive, NY.
    10. P-2114-000.............          4-7-14  Public Utility District
                                                  No. 2 of Grant County,
                                                  WA and Public Utility
                                                  District No. 1 of
                                                  Chelan County, WA.
    11. CP14-125-000...........          4-9-14  Members of Congress.\2\
    12. P-349-173..............         4-10-14  FERC Staff.\3\
    13. CP14-125-000...........         4-11-14  Hon. Bill Cassidy, M.D.
    14. CP14-125-000...........         4-11-14  Hon. Mary L. Landrieu.
    15. CP12-507-000...........         4-15-14  Members of Congress.\4\
    16. ER14-1145-000, AD14-8-          4-15-14  State of New Jersey
     000.                                         Board of Public
                                                  Utilities.
    17. P-1267-000.............         4-15-14  Hon. Lindsey O. Graham.
    18. CP13-113-000...........         4-15-14  Town of Myersville,
                                                  MD.\5\
    19. CP14-125-000...........         4-15-14  Hon. Gregg Harper.
    20. CP12-30-000............         4-15-14  Hon. Rodney P.
                                                  Frelinghuysen.
    21. ER13-1380-000..........         4-18-14  Hon. Charles
                                                  Schumer.\6\
------------------------------------------------------------------------
\1\ Alderman Brad Will.
\2\ Hons. Thad Cochran and Roger Wicker.
\3\ Summary of Video Conference between FERC and Alabama Power Company.
\4\ Hons. Blake Farenthold, Gene Green, Joe Barton, Kevin P. Brady, Mike
  Conaway, John R. Carter, John A. Culberson, Bill H. Flores, Kay
  Granger, Ralph M. Hall, Joaquin Castro, Henry Cuellar, Pete Gallego,
  Al Green, Ruben E. Hinojosa, Sheila Jackson Lee, Eddie Bernice
  Johnson, Marc A. Veasey, Jeb Hensarling, Sam Johnson, Michael T.
  McCaul, Pete Olson, Pete Sessions, Steve Stockman, Randy Weber,
  Filemon Vela, Kenny Marchant, Randy R. Neugebauer, Ted Poe, Lamar S.
  Smith, Mac Thornberry, Roger Williams.
\5\ Mayor Wayne Creadick.
\6\ Summary of 4-15-14 conversation with Acting Chairman LaFleur.

    Dated: April 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-09591 Filed 4-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53479-53480]
[FR Doc No: 2023-16940]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2540-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Energy Prepay II, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 22, 2023.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all

interested persons an opportunity to view and/or print the contents of
this document 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. At this time, the Commission has suspended access
to the Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020. For assistance,
contact the Federal Energy Regulatory Commission at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-16940 Filed 8-7-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Notices]
[Page 71089-71090]
[DOCID:fr24no08-162]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2008-0300]

Pipeline Safety: Proper Identification of Internal Corrosion Risk

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice; Issuance of Advisory Bulletin.

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SUMMARY: This advisory bulletin reminds operators of their
responsibilities under 49 CFR 195.579(a) and 49 CFR 195.589(c) with
respect to the identification of circumstances under which the
potential for internal corrosion must be investigated.

FOR FURTHER INFORMATION CONTACT: Alan Mayberry by phone at (202) 366-
5124.

SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline, Inspection, Protection, Enforcement, and Safety Act
of 2006, Public Law 109-468, Section 22, required PHMSA to review the
internal corrosion control regulations to determine if the regulations
are currently adequate to ensure that the pipeline facilities subject
to the regulations will not present a hazard to public safety or the
environment. PHMSA completed the required review and reported its
results in a Report to Congress on June 23, 2008. To review the Report,
log on to http://www.phmsa.dot, click on ``Pipeline Safety Community,''
then click on ``Reports to Congress.'' In conducting this review, PHMSA
identified the need to emphasize to the regulated community its
responsibilities with respect to determining the need for internal
corrosion preventive and mitigative measures. Many technical factors
interrelate in complex ways to affect the likelihood, location, and/or
aggressiveness of internal corrosion, including the factors listed
above.
    Pipeline safety regulations at 49 CFR 195.579(a) require operators
to determine if the hazardous liquids they are transporting could
corrode the pipeline and, if so, take adequate steps to mitigate that
corrosion potential. If an operator fails to take adequate steps to
mitigate internal corrosion, PHMSA may determine that the operator is
not in compliance with 49 CFR part 195. Also, if the operator
erroneously determines the fluid is not corrosive and does not take the
necessary steps to manage the internal corrosion threat, PHMSA may
determine that the operator is not in compliance with 49 CFR part 195.
    Although the base commodity may not be corrosive, all hazardous
liquids regulated under part 195 could be corrosive during some phase
of the production and/or manufacturing process when contaminants could
be introduced. Often, the only barrier separating untreated product or
corrosive materials from a pipeline transporting processed/refined
products

is the processing plant or refinery. These plants occasionally undergo
upset conditions where all or a portion of the untreated product may
bypass the treatment process and enter the downstream piping. During
those upset conditions, corrosive materials might be introduced into
the pipeline and could create a corrosive condition.
    Pipeline operators who previously concluded that an internal
corrosion control program was not needed should critically re-analyze
operating conditions and internal corrosion risk factors as described
in this advisory and periodically monitor, or otherwise reconfirm, that
the pipeline is free of corrosive materials. Operators should perform a
periodic system analysis and document the results, confirming that they
properly analyzed the pipeline for possible internal corrosion
precursors. In addition, operators should also conduct periodic
monitoring for changes that might increase this risk and identify
possible sites of selective internal corrosion risks.
    In addition, operators are required to take the following steps as
part of the operator's integrity management program:
     Examine and record corrosion data;
     Demonstrate an understanding of the risk of internal
corrosion;
     Identify the locations of greatest risk;
     Conduct integrity assessments that will effectively
discover pipeline defects caused by internal corrosion;
     Promptly repair or remediate discovered defects;
     Identify the root cause of discovered internal corrosion
defects; and
     Identify the need for additional or different preventive
and mitigative measures, through mitigation measures such as online
pigging for removal of the corrosive materials and injection of
corrosion inhibitors inline the product stream.
    PHMSA's unique statutory role in pipeline safety allows the agency
to monitor research and operator performance nationwide and to take
action through an array of regulatory actions, including this bulletin,
if incident trends or other findings such as research, deem the actions
necessary. PHMSA will conduct a workshop on internal corrosion on
hazardous liquid pipelines in the first quarter of 2009. Information on
this workshop will be posted on the PHMSA Web site.

II. Advisory Bulletin (ADB-08-08)

    To: Owners or Operators of Hazardous Liquid Transmission Pipelines.
    Subject: Proper Identification of Internal Corrosion Risk.
    Purpose: Notice to Pipeline Owners and Operators.
    Advisory: PHMSA is advising operators of hazardous liquid
transmission pipelines to review and analyze the following risk factors
to determine if the commodity transported could corrode the pipeline:
     Type of commodity;
     Flow rate;
     Velocity;
     Operating Pressure;
     Topography;
     Amount of foreign material and/or contaminants present in
the pipeline and/or commodity stream such as sand, silt, water, or
other materials that could cause or promote internal corrosion;
     Amount of sulfur, salts, acids, hydrogen sulfide, carbon
dioxide or other corrosive material present and corrosive effect based
upon partial pressures of material in the pipeline;
     Presence of microbes;
     Temperature;
     Pipe configuration, design, and material specifications;
     Operating conditions, including but not limited to, steady
state conditions, slack line conditions, upset conditions in the
pipeline system, and upset conditions in upstream facilities such as
refineries or processing facilities; and
     Any other circumstance or condition that could cause,
promote, or increase the likelihood of internal corrosion.
    Significant changes to any of the above risk factors and
considerations must be promptly reflected in a revised analysis.
    PHMSA is further advising operators that, in accordance with 49 CFR
195.589(c), you must maintain a record of the above analysis required
by 49 CFR 195.579(a) in sufficient detail to demonstrate the adequacy
of corrosion control measures or that corrosion control measures are
not necessary. You must retain these records for at least five years.
The records must be readily available for inspection.

    Issued in Washington, DC on November 17, 2008.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E8-27869 Filed 11-21-08; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72505]
[FR Doc No: 2023-23174]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4650-DR; Docket ID FEMA-2023-0001]

Washington; Amendment No. 7 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Washington (FEMA-4650-DR), dated March 29, 2022, and
related determinations.

DATES: This change occurred on September 29, 2023.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Toney L.
Raines, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Andrew P. Meyer as
Federal Coordinating Officer for this disaster.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23174 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P