[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59446-59447]
[FR Doc No: 2018-25484]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2018-0102 (Notice No. 2018-19)]

Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on this information collection pertaining to hazardous
materials transportation for which PHMSA intends to request renewal
from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
January 22, 2019.

ADDRESSES: You may submit comments identified by the Docket No. PHMSA-
2018-0102 (Notice No. 2018-19) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2018-0102) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Shelby Geller,
Standards and Rulemaking Division,<PHONE_NUMBER>, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8 (d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection request that PHMSA will be submitting to the
Office of Management and Budget (OMB) for renewal and extension. This
information collection is contained in 49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised
burden estimates, where appropriate, to reflect current reporting
levels or adjustments based on changes in proposed or final rules
published since this information collection was last approved. The
following is provided for this information collection: (1) Title of the
information collection, including former title if a change is being
made; (2) OMB control number; (3) summary of the information collection
activity; (4) description of affected public; (5) estimate of total
annual reporting and recordkeeping burden; and (6) frequency of
collection. PHMSA will request a 3-year term of approval for this
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
    PHMSA requests comments on the following information collection:
    Title: Flammable Hazardous Materials by Rail Transportation.
    OMB Control Number: 2137-0628.
    Summary: This OMB control number is used for information and
recordkeeping requirements pertaining to the sampling and testing
certification, routing analysis, and incident reporting for flammable
liquids by rail transportation. Rail carriers, shippers, PHMSA's Office
of Hazardous Materials Safety (OHMS), the Federal Railroad
Administration (FRA), and the Association of American Railroads (AAR)
may use this information to ensure that rail tank cars transporting
flammable liquids are properly classified, ensure trains are routed
appropriately, and collect all relevant incident data. This OMB control
number is being offered for renewal includes the following information
collections and associated burden hours:

----------------------------------------------------------------------------------------------------------------
                                                                                Hours per
             Information collection                 Respondents      Responses       response       Total hours
----------------------------------------------------------------------------------------------------------------
Sampling and Testing Plan Burden for Subsequent            1,804           1,804              10          18,040
 Year Revision..................................
Routing--Collection by Segment for Class II                   10              10              40             400
 Railroads......................................
Routing--Collection by Segment for Class III                 160             160              40           6,400
 Railroads......................................
Routing Analysis Burden for Class II Railroads..              10              50              16             800
Routing Analysis Burden for Class III Railroads.             160             320               8           2,560
Routing Security Analysis Burden for Class II                 10              40              12             480
 Railroads......................................
Routing Security Analysis Burden for Class III                64              32               4             128
 Railroads......................................

Tank Car Retrofit Burden........................              50              50             0.5              25
Crude Oil Incident Reporting....................              15              15               2              30
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of petroleum liquids by
rail.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 2,283.
    Total Annual Responses: 2,481.
    Total Annual Burden Hours: 28,863.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on November 19, 2018.
William S. Schoonover,
Associate Administrator for Hazard Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2018-25484 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19160-19162]
[FR Doc No: 2021-07544]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0258; Project Identifier AD-2020-01565-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 747-400, 747-400D, and 747-400F
series airplanes. This proposed AD was prompted by reports of burned
Boeing Material Specification (BMS) 8-39 urethane foam found in certain
locations on the airplane; investigation revealed that the fire-
retardant properties degrade with age. This proposed AD would require
inspecting the insulation blankets in certain areas of the forward
cargo compartment for exposed BMS 8-39 urethane foam, not encapsulated
by a protective fire resistant barrier, and for seal integrity, and
replacing the BMS 8-39 urethane foam and seal if necessary. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 28,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0258.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0258; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Julie Linn, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0258; Project Identifier
AD-2020-01565-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact we receive about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Julie
Linn, Aerospace Engineer, Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA has received reports of burned BMS 8-39 urethane foam, a
material with fire-retardant properties. Investigation revealed that
the fire-retardant properties degrade after five to ten years, and
degraded BMS 8-39 urethane foam can be a fuel source for a fire if
exposed to an ignition source. Foam and tape are used to make a seal at
penetrations that go through the insulation blankets. The type of foam
that is used, how that foam is installed, and how it is taped are all
equally important for the integrity of the seal. Previously issued
service information provided procedures for replacing the BMS 8-39
urethane foam in most areas, but it did not include an area between
body station (STA) 960 and STA 1000 on the left and right sides of the
forward cargo compartment. Degraded BMS 8-39 urethane foam used in
seals may fail to maintain sufficient halon concentrations in the cargo
compartments to extinguish or contain fire or smoke, and may fail to
prevent penetration of fire or smoke in areas of the airplane that are
difficult to access for fire and smoke detection or suppression, which
could result in loss of control of the airplane.

Related AD

    The FAA issued AD 2013-11-04, Amendment 39-17464 (78 FR 33193,

June 4, 2013) (AD 2013-11-04), for certain The Boeing Company
airplanes, including the same Model 747-400, 747-400D, and 747-400F
series airplanes identified in this NPRM. AD 2013-11-04 resulted from a
report from Boeing indicating that various areas of the airplane
(including flight deck and cargo compartments) were assembled with
seals made of BMS 8-39 urethane foam; operators subsequently reported
finding burned BMS 8-39 urethane foam in those locations. AD 2013-11-04
requires replacing certain seals made of BMS 8-39 urethane foam. AD
2013-11-04 resulted from operator or in-service reports of burned BMS
8-39 urethane foam, and a report from the airplane manufacturer
indicating that airplanes were assembled, throughout various areas of
the airplane (including flight deck and cargo compartments), with seals
made of BMS 8-39 urethane foam. The FAA issued AD 2013-11-04 to address
the failure of urethane seals to maintain sufficient halon
concentrations in the cargo compartments to extinguish or contain fire
or smoke, and to prevent penetration of fire or smoke in areas of the
airplane that are difficult to access for fire and smoke detection or
suppression.
    This NPRM does not propose to supersede AD 2013-11-04. Rather, the
FAA has determined that a stand-alone AD would be more appropriate
because the expanded inspection area applies only to Model 747-400,
747-400D, and 747-400F series airplanes, a small subset of the
applicability of AD 2013-11-04.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Requirements Bulletin 747-25-3725 RB, dated
October 27, 2020. The service information describes procedures for
doing a general visual inspection of the insulation blankets in the
area between STA 960 and STA 1000 on the left and right sides of the
forward cargo compartment for exposed BMS 8-39 urethane foam, not
encapsulated by a protective fire resistant barrier, and seal
integrity, and replacing any BMS 8-39 urethane foam that is found
exposed and any seal that does not have acceptable integrity for a
smoke barrier. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified in Boeing Requirements Bulletin 747-25-3725 RB, described
previously, except for any differences identified as exceptions in the
regulatory text of this proposed AD.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0258.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 109 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  3 work-hours x $85 per                 $0             $255          $27,795
                                     hour = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required. The FAA has no way of
determining the number of aircraft that might need these on-condition
actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per  product
------------------------------------------------------------------------
1 work-hour x $85 per hour =  Minimal.............  $85 per finding.
 $85 per finding.
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or

develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

The Boeing Company: Docket No. FAA-2021-0258; Project Identifier AD-
2020-01565-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 28, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, 747-400D,
and 747-400F series airplanes, certificated in any category, as
identified in Boeing Requirements Bulletin 747-25-3725 RB, dated
October 27, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by reports of burned Boeing Material
Specification (BMS) 8-39 urethane foam found in certain locations on
the airplane; investigation revealed that the fire-retardant
properties degrade with age. The FAA is issuing this AD to address
degraded BMS 8-39 urethane foam used in seals, which may fail to
maintain sufficient halon concentrations in the cargo compartments
to extinguish or contain fire or smoke, and may fail to prevent
penetration of fire or smoke in areas of the airplane that are
difficult to access for fire and smoke detection or suppression,
which could result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Requirements Bulletin 747-25-3725 RB, dated October 27, 2020, do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Requirements Bulletin 747-25-
3725 RB, dated October 27, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Service Bulletin 747-25-
3725, dated October 27, 2020, which is referred to in Boeing
Requirements Bulletin 747-25-3725 RB, dated October 27, 2020.

(h) Exception to Service Information Specifications

    Where Boeing Requirements Bulletin 747-25-3725 RB, dated October
27, 2020, uses the phrase ``after the Original Issue date of
Requirements Bulletin 747-25-3725 RB,'' this AD requires using ``the
effective date of this AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Julie Linn,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on March 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07544 Filed 4-12-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9321-9322]
[FR Doc No: 2019-04671]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-99-000]

Natural Gas Company of America LLC; Notice of Application

    Take notice that on February 28, 2019, Natural Gas Pipeline Company
of America LLC (Natural), 3250 Lacey Road, Downers Grove, Illinois
60615, filed in Docket No. CP19-99-000 an application pursuant to
sections 7(b) and 7(c) of the Natural Gas Act (NGA) requesting
authorization to construct, install, and operate: (i) A new 10,000
horsepower (hp) EMD compressor unit and auxiliary facilities at
Compressor Station (CS) 300 in Victoria County, Texas; (ii) a new
15,900 hp Solar Mars 100 turbine and auxiliary facilities at CS 301 in
Wharton County, Texas; and (iii) two new 23,470 hp (each) Solar Titan
130 turbines and auxiliary facilities at CS 304 in Harrison County,
Texas. Natural also proposes to abandon in place two 3,000 hp gas-fired
compressor units at CS 300 and abandon all ten existing units at CS
304. Natural states that the project would provide a total of 72,840
hp, enabling Natural to deliver about 300,000 dekatherms per day (Dth/
d) of incremental firm southbound transportation capacity on their Gulf
Coast Mainline System to the project shipper, Corpus Christi
Liquefaction LLC, with an additional 28,000 Dth/d of currently
unsubscribed incremental firm capacity to be made available by Natural
to the market. Natural is proposing negotiated rates and estimates the
total cost of the Project to be approximately $145,248,818, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection.
    The filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's website web 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, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Bruce
H. Newsome, Vice President, Natural Gas Pipeline Company of America
LLC, 3250 Lacey Road, Suite 700, Downers Grove, Illinois 60515, by
telephone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record

for this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new Natural Gas Act
section 3 or section 7 proceeding.\1\ Persons desiring to become a
party to a certificate proceeding are to intervene in a timely manner.
If seeking to intervene out-of-time, the movant is required to ``show
good cause why the time limitation should be waived,'' and should
provide justification by reference to factors set forth in Rule
214(d)(1) of the Commission's Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC ] 61,167 at
] 50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: March 27, 2019.

    Dated: March 6, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04671 Filed 3-13-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71121-71122]
[DOCID:fr25no05-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 16, 2005.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER00-874-002.
    Applicants: Energy West Resources, Inc.
    Description: Energy West Resources, Inc. submits a compliance
filing to correct a typographical error in its market behavior rules in
FERC's November 3, 2005 Order.
    Filed Date: November 7, 2005.
    Accession Number: 20051114-0011.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER01-3000-009; EC01-146-001; RT01-101-001; ER05-
1435-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator,
Inc.'s additional signature pages to the Supplemental Agreement with
Midwest ISO International Transmission Co. et al.
    Filed Date: November 7, 2005.
    Accession Number: 20051114-0014.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER04-776-006.
    Applicants: PJM Interconnection, LLC.
    Description: PJM submits for filing a State Certification by
General Counsel of Public Service Commission of Maryland as required by
the Operating Agreement.
    Filed Date: October 19, 2005.
    Accession Number: 20051019-5076.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 28, 2005.

    Docket Numbers: ER06-158-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits an unexecuted Large Generator Interconnection Agreement with
Summit Wind, LLC and Interstate Power and Light Co., effective October
26, 2005.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0008.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-164-000.
    Applicants: Duke Energy Corporation.
    Description: Duke Energy Corp on behalf of Duke Electric
Transmission submits Second Revised Sheet No. 10 et al. to FERC
Electric Tariff, Third Revised Volume No. 4 in compliance with FERC's
October 7, 2005 order.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0171.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-165-000.
    Applicants: Florida Power & Light Company.
    Description: Florida Power & Light Co submits revised Tariff Sheets
adopting the revised TLR procedures.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0170.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-166-000.
    Applicants: Aquila, Inc.
    Description: Aquila, Inc. on behalf of Aquila Networks-MPS et al.
submits First Revised Sheet No. 7 et al. to FERC Electric Tariff,
Fourth Revised Volume No. 24 pursuant to section 205 of the Federal
Power Act.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0169.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-167-000.
    Applicants: Liberty Power Maryland LLC.
    Description: Liberty Power Maryland LLC submits petition for
acceptance of initial rate schedule, waivers & blanket authority.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0250.
    Comment Date: 5 p.m. Eastern Time on Monday, November 22, 2005.

    Docket Numbers: ER06-168-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corp. submits Original Sheet 1 et al. to
FERC Electric Tariff, First Revised Volume No. 2 for its South Dakota
operations etc.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0210.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-169-000.
    Applicants: Suez Energy Marketing NA.
    Description: Suez Energy Marketing NA submits notice of succession
to reflect new corporate name re an application to make sales of
ancillary services at market-based rates etc.

pursuant to section 205 of the Federal Power Act.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0174.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-173-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. as agent on behalf of Entergy
Operating Companies submits an amendment to its OATT, consisting of
First Revised Sheet No. 54 et al. to FERC Electric Tariff, Second
Revised Volume No. 3.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0245.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-174-000.
    Applicants: Mid-Continent Area Power Pool.
    Description: Mid-Continent Area Power Pool et al. submits Second
Rev. Sheet No. 137 reflecting that their Schedule F is modified to
adopt North American Electric Reliability Council's most recent version
of its TLR Procedures.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0246.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-175-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sierra Pacific Power Co. submits revisions to Exhibit
F of the General Transfer Agreement with Bonneville Power
Administration.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0247.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-176-000.
    Applicants: PSEG Waterford Energy LLC.
    Description: PSEG Waterford Energy LLC submits notice of
cancellation of market-based authority under Applicant's FERC Electric
Tariff, Original Volume No. 1.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0248.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER06-177-000.
    Applicants: Econnergy Energy Company, Inc.
    Description: Econnergy Energy Co., Inc. requests cancellation of
Market Based Rate Authority.
    Filed Date: November 7, 2005.
    Accession Number: 20051109-0236.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER94-142-029; ER05-570-004; ER98-3774-004; ER03-
717-003; ER00-2603-004.
    Applicants: Tractebel Energy Marketing, Inc.; Hot Spring Power
Company, LP; Choctaw Generation Limited Partnership; Chehalis Power
Generation Ltd; Trigen-Syracuse Energy Corporation.
    Description: Tractebel Energy Marketing Inc. et al. submits a
triennial market power update and revisions to market-based rate
tariffs.
    Filed Date: November 7, 2005.
    Accession Number: 20051110-0103.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER95-1787-018.
    Applicants: Texaco Natural Gas, Inc.
    Description: Texaco Natural Gas, Inc. submits a compliance filing
to correct a typographical error in its market behavior rules in FERC's
November 3, 2005 Order.
    Filed Date: November 7, 2005.
    Accession Number: 20051114-0010.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER96-2830-007.
    Applicants: Washington Gas Energy Services, Inc.
    Description: Washington Gas Energy Services, Inc. submits a
compliance filing to correct a typographical error in its market
behavior rules in FERC's November 3, 2005 Order.
    Filed Date: November 7, 2005.
    Accession Number: 20051114-0013.
    Comment Date: 5 p.m. Eastern Time on Monday, November 28, 2005.

    Docket Numbers: ER99-3077-002.
    Applicants: Colorado Power Partners.
    Description: Colorado Power Partners submits an amendment to the
Triennial Updated Market Power Analysis and a request for shortened
notice period.
    Filed Date: November 10, 2005.
    Accession Number: 20051115-0033.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2005.

    Docket Numbers: ER99-3197-002.
    Applicants: BIV Generation Company, LLC.
    Description: BIV Generation Co., LLC submits an amendment to the
Triennial Updated Market Power Analysis and a request for shortened
notice period.
    Filed Date: November 10, 2005.
    Accession Number: 20051115-0032.
    Comment Date: 5 p.m. Eastern Time on Monday, November 21, 2005.

    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.
    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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6472 Filed 11-23-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 26, 2006 (Volume 71, Number 247)]
[Notices]
[Page 77432-77435]
[DOCID:fr26de06-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54944; File No. SR-NYSE-2006-69]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Granting Accelerated Approval to Proposed Rule Change and Amendment No.
1 Thereto Relating to the Listing and Trading of Exchange-Traded Notes
of Barclays Bank PLC Linked to the Performance of the MSCI India
Equities Index

December 15, 2006.

I. Introduction

    On August 24, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') 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 list and trade exchange-traded notes
(``Notes'') of Barclays Bank PLC (``Barclays'') linked to the
performance of the MSCI India Total Return IndexSM
(``Index''). On November 8, 2006, the Exchange submitted Amendment No.
1.\3\ The proposed rule change, as amended, was published for comment
in the Federal Register on November 28, 2006 for a 15-day comment
period.\4\ The Commission received one comment regarding the
proposal.\5\ This order approves the proposed rule change, as amended,
on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the Exchange's
original submission in its entirety.
    \4\ See Securities Exchange Act Release No. 54800 (November 21,
2006), 71 FR 68864.
    \5\ See letter from Claire P. McGrath, Senior Vice President and
General Counsel, American Stock Exchange LLC (``Amex''), to Nancy M.
Morris, Secretary, Commission, dated December 8, 2006.
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II. Description of the Proposal

    Under Section 703.19 of the Listed Company Manual (``Manual''), the
Exchange may, subject to Commission approval of a submission pursuant
to Section 19(b) of the Act, approve for listing and trading securities
not otherwise covered by the criteria of Sections 1 and 7 of the
Manual, provided the issue is suited for auction market trading.
Accordingly, the Exchange proposes to list and trade, under Section
703.19 of the Manual, the Notes, which are linked to the performance of
the Index.\6\
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    \6\ Barclays intends to issue the Notes under the name
``iPathSM Exchange-Traded Notes.''
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    In its proposal, the Exchange described the structure and features
of the Notes, including early redemption and default provisions, as
well as the underlying index, applicable trading rules and surveillance
procedures. Key aspects of the proposal are noted below.

The Notes

    The Notes are a series of debt securities of Barclays that provide
for a cash payment at maturity or upon earlier redemption at the
holder's option based on the performance of the Index, subject to
applicable fees and expenses. The original issue price of each Note
will be $50. The Notes will trade on the Exchange's equity trading
floor, and the Exchange's existing equity trading rules will apply to
trading in the Notes. Holders of the Notes will not receive any
interest payments from the Notes, and the Notes will not have a minimum
principal amount that will be repaid. Accordingly, payment on the Notes
prior to or at maturity may be less than the original issue price of
the Notes. The

Notes will have a term of 30 years. The Notes are not callable.
    Holders of the Notes at maturity will receive a payment equal to
the initial issue price of their Notes times an index factor minus an
investor fee (``Cash Payment''). The ``index factor'' on any given day
will be equal to the closing value of the Index on that day divided by
the initial index level. The investor fee will be equal to 0.89 percent
per year times the principal amount of holders' Notes times the index
factor, calculated on a daily basis. Thus, each day until maturity or
early redemption, the investor fee will increase by an amount equal to
0.89 percent times the principal amount of holders' Notes times the
index factor on that day (or, if such day is not a trading day, the
index factor on the immediately preceding trading day) divided by 365.
Subject to certain restrictions,\7\ the Notes may be redeemed prior to
maturity. Unless otherwise permitted by Barclays,\8\ Notes may only be
redeemed in aggregations of 50,000. Upon redemption, a Note holder will
receive the applicable Cash Payment less a redemption charge. The
investor fee and the redemption charge are the only fees holders will
be charged in connection with their ownership of the Notes.
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    \7\ Generally, the Notes may only be redeemed once each week on
a ``Redemption Date,'' which is the third business day following a
weekly ``Valuation Date.'' Unless there is a market disruption
event, a Valuation Date is each Thursday from the first Thursday
after issuance of the Notes until the last Thursday before maturity
of the Notes. See Notice, 71 FR at 68864-65.
    \8\ The Exchange states that any such reduction will be applied
on a consistent basis for all holders of Notes at the time the
reduction becomes effective.
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The MSCI India Total Return Index \SM\

    The Exchange provided detailed description of the Index in its
proposal.\9\ In summary, the Index is a free float-adjusted market
capitalization index that is designed to measure the market
performance, including price performance and income from dividend
payments, of Indian equity securities. The Index is currently comprised
of the top 68 companies by market capitalization listed on the National
Stock Exchange of India (``NSE''). The Index is calculated by Morgan
Stanley Capital International Inc. (``MSCI'') and is denominated in
U.S. dollars.\10\
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    \9\ See Notice, 71 FR at 68866-68.
    \10\ As the Commission has previously stated, when a broker-
dealer, or a broker-dealer's affiliate such as MSCI, is involved in
the development and maintenance of a stock index upon which a
product such as iShares is based, the broker-dealer or its affiliate
should have procedures designed specifically to address the improper
sharing of information. See Securities Exchange Act Release No.
52178 (July 29, 2005), 70 FR 46244 (August 8, 2005) (SR-NYSE-2005-
41). In this proposal, the Exchange states that MSCI has implemented
procedures to prevent the misuse of material, non-public information
regarding changes to component stocks in the MSCI Indexes.
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    The Index is calculated and updated continuously until the market
closes and is published as end of day values in U.S. dollars using the
exchange rate published by WM Reuters at 4 p.m. on the previous day.
The Index is reported by Bloomberg, L.P. under the ticker symbol
``NDEUSIA.'' The Index is static during the Exchange trading day.
    Generally, the prices used to calculate the MSCI Indexes are the
official exchange closing prices or those figures accepted as such.
MSCI uses the foreign exchange rates published by WM Reuters at 4 p.m.
London time.\11\
---------------------------------------------------------------------------

    \11\ MSCI monitors exchange rates independently and may, under
exceptional circumstances, elect to use an alternative exchange rate
if the WM Reuters rate is believed not to be representative for a
given currency on a particular day.
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Pricing Information Regarding the Notes

    An intraday value (``Indicative Value'') meant to approximate the
intrinsic economic value of the Notes, updated to reflect changes in
currency exchange rates, will be calculated and published by a third-
party service provider via the facilities of the Consolidated Tape
Association at least every fifteen seconds throughout the NYSE trading
day on each day on which the Notes are traded on the Exchange. The
Indicative Value will not reflect changes in the prices of securities
included in the Index resulting from trading on other markets after the
close of trading on the NSE, but will be updated to reflect changes in
the exchange rate between the U.S. dollar and the Indian rupee.
Additionally, Barclays or an affiliate will calculate and publish the
closing Indicative Value of the Notes on each trading day at http://www.ipathetn.com.
 The last sale price of the Notes will also be

disseminated over the Consolidated Tape, subject to a 20-minute delay.

Listing Criteria

    In its proposal, the Exchange stated that the Notes will conform to
the initial listing standards for equity securities under Section
703.19 of the Manual insofar as (i) Barclays is an affiliate of
Barclays PLC,\12\ which is an Exchange-listed company in good standing,
(ii) the Notes will have a minimum life of one year, (iii) the minimum
public market value of the Notes at the time of issuance will exceed $4
million, (iv) there will be at least one million Notes outstanding, and
(v) there will be at least 400 holders at the time of issuance.
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    \12\ Though not an Exchange-listed company itself, Barclays
would exceed the Exchange's earnings and minimum tangible net worth
requirements in Section 102 of the Manual. Additionally, Barclays
has informed the Exchange that the original issue price of the
Notes, when combined with the original issue price of all other
iPath securities offerings of the issuer that are listed on a
national securities exchange (or association), does not exceed 25
percent of the issuer's net worth.
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    As detailed in its proposal, the Exchange will delist the Notes
under the following circumstances:
     If, following the initial twelve month period from the
date of commencement of trading of the Notes, (a) the Notes have more
than 60 days remaining until maturity and there are fewer than 50
beneficial holders of the Notes for 30 or more consecutive trading
days, (b) fewer than 100,000 Notes remain issued and outstanding, or
(c) the market value of all outstanding Notes is less than $1,000,000.
     If the Index closing value ceases to be calculated or
available during the time the Notes trade on the Exchange on at least a
15 second basis through one or more major market data vendors.\13\
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    \13\ Telephone conference between John Carey, Assistant General
Counsel, NYSE, and Brian Trackman, Special Counsel, Division of
Market Regulation, Commission, on December 15, 2006 (``Telephone
Conference'') (clarifying scope of delisting condition).
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     If, during the time the Notes trade on the Exchange, the
Indicative Value ceases to be available through the facilities of the
Consolidated Tape Association or a major market data vendor on a 15
second delayed basis.\14\
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    \14\ Telephone Conference (clarifying how dissemination must
occur).
---------------------------------------------------------------------------

     If such other event shall occur or condition exists which
in the opinion of the Exchange makes further dealings on the Exchange
inadvisable.
    In addition, the Exchange will file a proposed rule change pursuant
to Rule 19b-4 under the Act, seeking approval to continue trading the
Notes and unless approved, the Exchange will commence delisting the
Notes, if
     A successor or substitute index is used in connection with
the Notes. The filing will address, among other things, the listing and
trading characteristics of the successor or substitute index and the
Exchange's surveillance procedures applicable thereto.
     At any time the most heavily weighted component stock in
the Index exceeds 25 percent of the weight of the Index or the five
most heavily weighted component stocks exceed 60 percent of the weight
of the Index.
     MSCI substantially changes the index methodology.
    The Exchange prohibits the initial and/or continued listing of any
security

that is not in compliance with Rule 10A-3 under the Act.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.10A-3.
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Trading Rules

    The Exchange's existing equity trading rules will apply to trading
of the Notes. The Notes will trade between the hours of 9:30 a.m. and 4
p.m. ET and will be subject to the equity margin rules of the
Exchange.\16\
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    \16\ See NYSE Rule 431.
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Trading Halts

    With regard to trading of the Notes, the Exchange represents that,
if the Index Value or the Indicative Value is not being disseminated as
required, the Exchange may halt trading during the day on which the
interruption to the dissemination of the Index Value or the Indicative
Value first occurs. If the interruption to the dissemination of the
Index Value or the Indicative Value persists past the trading day in
which it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption.

Suitability

    Pursuant to Exchange Rule 405, the Exchange will impose a duty of
due diligence on its members and member firms to learn the essential
facts relating to every customer prior to trading the Notes.\17\ With
respect to suitability recommendations and risks, the Exchange will
require members, member organizations and employees thereof
recommending a transaction in the Notes: (i) To determine that such
transaction is suitable for the customer, and (ii) to have a reasonable
basis for believing that the customer can evaluate the special
characteristics of, and is able to bear the financial risks of, such
transaction.
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    \17\ NYSE Rule 405 requires that every member, member firm or
member corporation use due diligence to learn the essential facts
relative to every customer and to every order or account accepted.
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Information Memorandum

    The Exchange will, prior to trading the Notes, distribute an
information memorandum to the membership providing guidance with regard
to member firm compliance responsibilities (including suitability
recommendations) when handling transactions in the Notes. The
information memorandum will note to members language in the prospectus
used by Barclays in connection with the sale of the Notes regarding
prospectus delivery requirements for the Notes. Specifically, in the
initial distribution of the Notes,\18\ and during any subsequent
distribution of the Notes, NYSE member organizations will deliver a
prospectus to investors purchasing from such distributors.
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    \18\ The Registration Statement reserves the right to make
subsequent distributions of these Notes.
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    The information memorandum will discuss the special characteristics
and risks of trading this type of security. Specifically, the
information memorandum, among other things, will discuss what the Notes
are, how the Notes are redeemed, applicable Exchange rules,
dissemination of information regarding the Index value and the
Indicative Value, exchange rate, trading information, and applicable
suitability rules. The information memorandum will also notify members
and member organizations about the procedures for redemptions of Notes
and that Notes are not individually redeemable but are redeemable only
in aggregations of at least 100,000 Notes.
    The information memorandum will also discuss any exemptive or no-
action relief under the Act provided by the Commission staff.

Surveillance

    The Exchange's surveillance procedures will incorporate and rely
upon existing Exchange surveillance procedures governing equities with
respect to surveillance of the Notes.\19\ The Exchange believes that
these procedures are adequate to monitor Exchange trading of the Notes
and to detect violations of Exchange rules, thereby deterring
manipulation. In this regard, the Exchange currently has the authority
under NYSE Rule 476 to request the Exchange specialist in the Notes to
provide NYSE Regulation with information that the specialist uses in
connection with pricing the Notes on the Exchange, including specialist
proprietary or other information regarding securities, options on
securities or other derivative instruments. The Exchange believes it
also has authority to request any other information from its members--
including floor brokers, specialists and ``upstairs'' firms--to fulfill
its regulatory obligations.
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    \19\ The Exchange's current trading surveillances focus on
detecting securities trading outside normal patterns. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior
of all relevant parties for all relevant trading violations.
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III. Summary of Comment

    In its comment letter,\20\ Amex noted that the NYSE intended to
list and trade the Notes without entering into a comprehensive
surveillance sharing agreement (``CSSA'') with the NSE or other Indian
marketplaces. The Amex stated its belief that approval of the proposal
would be a ``significant departure'' from existing practice and rules
to permit derivative products like the Notes to be listed and traded
without a CSSA. Specifically, the Amex noted that the Commission has
generally required CSSAs between U.S. exchanges and foreign markets for
index-linked notes and other derivative securities products. In
addition, the Amex cited Section 107D(g)(viii) of the Amex Company
Guide relating to index-linked securities and similar rules of other
exchanges,\21\ which require that foreign country securities or
American Depository Receipts (``ADRs'') that are not subject to CSSAs
do not in the aggregate represent more than 20 percent of the weight of
the index. The Amex further noted that other rules addressing listing
standards for derivative products, including index options and options
on exchange-traded funds, generally require CSSAs but are not
consistent with regard to what percentage of underlying foreign
securities must be subject to such agreements. Noting that more
recently, the Commission has approved listing standards for exchange-
traded funds based on global and/or international securities indexes
and other derivative products without requiring CSSAs, the Amex urges
the Commission to clarify that CSSAs are not required for index-linked
notes and index options. To the extent CSSA standards are inconsistent
among different derivative product classes, the Amex also requests
guidance on the proper regulatory standard.
---------------------------------------------------------------------------

    \20\ See supra note 5.
    \21\ See NYSEArca Rule 5.2(j)(6)(g)(vii) and Nasdaq Rule
4420(m)(7)(ix).
---------------------------------------------------------------------------

    While the Commission appreciates these comments, we believe that
they are outside the scope of the present rule filing, which addresses
only a single derivative product. Rather, the Commission believes that
the Amex's comments--particularly in regard to any perceived anomalies
between existing exchange rules establishing derivative product listing
standards--are best addressed in the context of a separate rule
proposal.

IV. Discussion and Commission's Findings

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange. In
particular, the

Commission finds that the proposal, as amended, is consistent with the
objectives of Section 6(b)(5) of the Act,\22\ which requires, among
other things, that the Exchange's rules be designed to promote just and
equitable principles of trade, 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.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

A. Surveillance

    The Commission finds that the Exchange's surveillance procedures
are reasonably designed to monitor for trading abuses in connection
with the Notes.
    NYSE Rule 476 requires Exchange specialists in the Notes, upon the
Exchange's request, to provide NYSE Regulation with information that
the specialist uses in connection with pricing the Notes on the
Exchange, including specialist proprietary or other information
regarding securities, options on securities or other derivative
instruments. Furthermore, the Exchange believes it also has authority
to request any other information from its members--including floor
brokers, specialists and ``upstairs'' firms--to fulfill its regulatory
obligations. The Commission also notes that the Exchange represents
that it will delist the Notes if a new component is added to the Index
(or pricing information is used for a new or existing component),
unless otherwise approved for continued trading by the Commission. The
Commission believes that these requirements provide the NYSE with the
tools necessary to adequately surveil trading in the Notes.

B. Dissemination of Information

    The Commission believes that sufficient venues exist for obtaining
reliable information so that holders of the Notes can monitor the value
of their investment relative to the underlying Index.
    Information about the Index (and its components) is widely
available through public Web sites and professional subscription
services, including Reuters and Bloomberg. Likewise, real-time
information about the trading of the Index components and their daily
closing values is available through major market data vendors. The
Index Sponsor calculates the Index continuously. The Exchange has
represented that the daily closing value will be disseminated during
the time the Notes trade on the Exchange. Further, while the Index is
calculated by a broker-dealer, a number of independent sources verify
both the intraday and closing Index values. The composition and
calculation methodology for the Index is public and transparent.
    An Indicative Value for the Notes will be calculated and
disseminated at least every 15 seconds throughout the NYSE trading day
on each day on which the Notes are traded on the Exchange. In addition,
Barclays or an affiliate will calculate and publish the closing
Indicative Value of the Notes on each trading day at http://www.ipathetn.com
.

    If the closing level of Index or Indicative Value is not
disseminated as described in its proposal, the Exchange may halt
trading on which the interruption to the dissemination of the Index
Value or the Indicative Value first occurs. If the interruption to the
dissemination of the Index Value or the Indicative Value persists past
the trading day in which it occurred, the Exchange will halt trading no
later than the beginning of the trading day following the interruption.

C. Listing and Trading

    The Commission finds that the Exchange's proposed rules and
procedures for the listing and trading of the proposed Notes are
consistent with the Act. The Notes will trade as equity securities
subject to NYSE rules including, among others, rules governing equity
margins, specialist responsibilities, account opening, and customer
suitability requirements.
    The Commission believes that the listing and delisting criteria for
the Notes should help to maintain a minimum level of liquidity and
therefore minimize the potential for manipulation of the Notes. The
Exchange represents that it would file a proposed rule change pursuant
to Rule 19b-4 under the Act,\23\ which must be approved for continued
trading of the Notes, if (a) a successor or substitute index is used in
connection with the Notes, (b) at any time, the most heavily weighted
component stock in the Index exceeds 25 percent of the weight of the
Index or the top five most heavily weighted stocks exceed 60 percent of
the weight of the Index, or (c) the Index Sponsor (MSCI) substantially
changes the index methodology.
---------------------------------------------------------------------------

    \23\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    Finally, the Commission notes that the Information Memorandum that
the Exchange will distribute will inform members and member
organizations about the terms, characteristics and risks in trading the
Notes, including their prospectus delivery obligations.

D. Accelerated Approval

    The Commission finds good cause to approve the proposed rule
change, as amended, prior to the thirtieth day after publication for
comment in the Federal Register. Accelerating approval of this proposal
should benefit investors who desire to participate, through the Notes,
in the designated Index by enabling them to begin trading the Notes
promptly. Therefore, the Commission finds good cause, consistent with
Section 19(b)(2) of the Act,\24\ to approve the proposed rule change on
an accelerated basis.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\25\ that the proposed rule change (SR-NYSE-2006-69), be, and hereby
is, approved on an accelerated basis.
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    \25\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-22005 Filed 12-22-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24193-24195]
[FR Doc No: 2012-9657]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF12-6-000]

Columbia Gas Transmission, LLC; Notice of Intent to Prepare an
Environmental Assessment for the Planned Line MB Loop Extension
Project, Request for Comments on Environmental Issues, and Notice of
Public Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Line MB Loop \1\ Extension
(Line MB) involving construction and operation of facilities by
Columbia Gas Transmission, LLC (Columbia) in Baltimore and Harford
Counties, Maryland. This EA will be used by the Commission in its
decision-making process to determine whether the project is in the
public convenience and necessity.
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on May 16, 2012.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, we \2\ invite you to attend the public
scoping meetings scheduled as follows:
---------------------------------------------------------------------------

    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).

------------------------------------------------------------------------
           Date and Time                          Location
------------------------------------------------------------------------
May 8, 2012, 7 p.m. EDT...........  Oregon Ridge Lodge, 13401 Beaver Dam
                                     Road, Cockeysville, MD 21030.
May 9, 2012, 7 p.m. EDT...........  Youth's Benefit Elementary School
                                     Cafeteria, 1901 Fallston Road,
                                     Fallston, MD 21047.
------------------------------------------------------------------------

    The public meetings are designed to provide you with more detailed
information and another opportunity to offer your comments on the
proposed project. Columbia representatives will be present one hour
before each meeting to describe their proposal, present maps, and
answer questions. Interested groups and individuals are encouraged to
attend the meetings and to present comments on the issues they believe
should be addressed in the EA. A transcript of each meeting will be
made so that your comments will be accurately recorded.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if Line MB is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings where compensation
would be determined in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses
a number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    Columbia plans to construct about 21.3 miles of 26-inch-diameter
pipeline

in Baltimore and Harford Counties, Maryland to expand its existing
natural gas transmission system. The new pipeline loop would primarily
be installed within or adjacent to Columbia's existing rights-of-way.
    The Line MB would consist of the following facilities:
     21.3 miles of 26-inch-diameter pipeline;
     Install pipeline pig \3\ receivers at the Owing Mills
Meter Station and the Rutledge Compressor Station; and
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    \3\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
---------------------------------------------------------------------------

     Install two mainline valves on its existing Line MA.
    The general location of the project facilities is shown in appendix
1.\4\
---------------------------------------------------------------------------

    \4\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The Applicant is still in the planning phase for the project, and
workspace requirements have not been finalized. However, construction
of the planned facilities would disturb about 297.6 acres of land for
the aboveground facilities and the pipeline. Following construction,
Columbia would maintain about 129.6 acres of land for permanent
operation of the project's facilities; the remaining areas would be
restored and revert to former uses. Most of the planned pipeline route
parallels existing pipeline, utility, or road rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as scoping. The main goal of the scoping
process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Public safety; and
     Alternatives.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas. Alternatives are being
considered along the proposed route between Garrison Forest Road and
Shawan Road (Milepost 1.4 to 8.2) and between Mansel Drive and Joel
Court (Milepost 5.0 to 6.0).
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's Pre-filing process.
The purpose of the Pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our Pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA. In
addition, representatives from the FERC participated in public Open
House meetings sponsored by Columbia in the project area in March 2012,
to explain the environmental review process to interested stakeholders.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before we make our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to the environmental issues to formally
cooperate with us in the preparation of the EA \5\. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.
Currently, the U.S. Army Corps of Engineers has expressed its intention
to participate as a cooperating agency in the preparation of the EA to
satisfy its NEPA responsibilities related to this project.
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    \5\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office(s), and to solicit
their views and those of other government agencies, interested Indian
tribes, and the public on the project's potential effects on historic
properties.\6\ We will define the project-specific Area of Potential
Effects (APE) in consultation with the SHPO(s) as the project develops.
On natural gas facility projects, the APE at a minimum encompasses all
areas subject to ground disturbance (examples include construction
right-of-way, contractor/pipe storage yards, compressor stations, and
access roads). Our EA for this project will document our findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
---------------------------------------------------------------------------

    \6\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues and alternatives that we
think deserve attention based on a preliminary review of the proposed
facilities, comments made to us at the Applicant's open houses,
preliminary consultations with other agencies, and the environmental
information provided by Columbia. This preliminary list of issues may
change based on your comments and our analysis.
     Construction constraints;
     Impacts on residential communities; and
     Route alternatives.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects,

reasonable alternatives, and measures to avoid or lessen environmental
impacts. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send your comments so that they will be received in Washington, DC on
or before May 16, 2012.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF12-6-000) with your submission. The Commission
encourages electronic filing of comments and has expert eFiling staff
available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located at www.ferc.gov under the link called
``Documents and Filings.'' A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the
``eFiling'' feature that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the link
called ``Sign up'' or ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing;'' or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. In addition, this list includes those that may
be affected by a proposed alternative. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (Appendix 2).

Becoming an Intervenor

    Once Columbia files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-Filing'' link on the Commission's Web
site. Please note that the Commission will not accept requests for
intervenor status at this time. You must wait until the Commission
receives a formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF12-
6). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 16, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-9657 Filed 4-20-12; 8:45 am]
BILLING CODE 6717-01-P