[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49229-49232]
[FR Doc No: 2013-19531]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0690; Directorate Identifier 2013-NM-088-AD]
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: We propose to supersede airworthiness directive (AD) 2009-24-
07, which applies to certain The Boeing Company Model 737-600, -700, -
700C, and -800 series airplanes. AD 2009-24-07 currently requires
repetitive lubrications of the right and left main landing gear (MLG)
forward trunnion pins. AD 2009-24-07 also requires an inspection for
discrepancies of the transition radius of the MLG forward trunnion
pins, and corrective actions if necessary. For certain airplanes, AD
2009-24-07 requires repetitive detailed inspections for discrepancies
(including finish damage, corrosion, pitting, and base metal scratches)
of the transition radius of the left and right MLG trunnion pins, and
corrective action if necessary. Replacing or overhauling the trunnion
pins would terminate the actions required by AD 2009-24-07. This
proposed AD would add airplanes to the applicability of AD 2009-24-07.
We are proposing this AD to prevent stress corrosion cracking of the
forward trunnion pins, which could result in fracture of the pins and
consequent collapse of the MLG.

DATES: We must receive comments on this proposed AD by September 27,
2013.

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 http://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 proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington 98057-3356. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone 425-917-
6440; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0690;
Directorate Identifier 2013-NM-088-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On November 12, 2009, we issued AD 2009-24-07, Amendment 39-16095
(74 FR 62231, November 27, 2009), for certain Model 737-600, -700, -
700C, and -800 series airplanes. AD 2009-24-07 requires repetitive
lubrications of the right and left main landing gear (MLG) forward
trunnion pins. AD 2009-24-07 also requires an inspection for
discrepancies of the transition radius of the MLG forward trunnion
pins, and corrective actions if necessary. For certain airplanes, AD
2009-24-07 also requires repetitive detailed inspections for
discrepancies (including finish damage, corrosion, pitting, and base
metal scratches) of the transition radius of the left and right MLG
trunnion pins, and corrective action if necessary. Replacing or
overhauling the trunnion pins would terminate the actions required by
that AD. AD 2009-24-07 resulted from a report that the protective
finishes on the forward trunnion pins for the left and right MLG might
have been damaged during final assembly. We issued AD 2009-24-07 to
prevent stress corrosion cracking of the forward trunnion pins, which
could result in fracture of the pins and consequent collapse of the
MLG.

Actions Since AD 2009-24-07 Was Issued

    Since we issued AD 2009-24-07, we have determined that airplanes
outside the applicability of AD 2009-24-07, including Model 737-900
airplanes, are also subject to the identified unsafe condition. This
determination is due to reports of corrosion protection damage to the
forward trunnion pin on some of those airplanes.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 737-32-1402,
Revision 1, dated February 7, 2013. For information on the procedures
and compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0690.

FAA's Determination

    We are proposing this AD because we 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

    Although this proposed AD does not explicitly restate the
requirements of AD 2009-24-07, this proposed AD would retain all of the
requirements of AD 2009-24-07. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (g), (h), and (i) of this proposed AD. This
proposed AD would also add airplanes to the applicability statement of
AD 2009-24-07. This proposed AD would require accomplishing the actions
specified in the service information described previously.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 431 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                          Average                                                  U.S.-
                  Action                    Work hours   labor rate     Parts           Cost per product         registered           Fleet cost
                                                          per hour                                               airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Repetitive lubrications..................            1          $85           $0  $85 per lubrication.........          431  $8,500 per lubrication.
Repetitive inspections...................            8           85            0  $680 per inspection cycle...          431  $68,000 per inspection
                                                                                cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

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.
    We are 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

    We have 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will 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 removing airworthiness directive (AD)
2009-24-07, Amendment 39-16095 (74 FR 62231, November 27, 2009), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0690; Directorate Identifier
2013-NM-088-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 27,
2013.

(b) Affected ADs

    This AD supersedes AD 2009-24-07, Amendment 39-16095 (74 FR
62231, November 27, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800 and -900 series airplanes, certificated in any category;
as identified in Boeing Special Attention Service Bulletin 737-32-
1402, Revision 1, dated February 7, 2013.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 32, Landing gear.

(e) Unsafe Condition

    This AD was prompted by a report that the protective finishes on
the forward trunnion pins for the left and right MLG might have been
damaged during final assembly. We are issuing this AD to prevent
stress corrosion cracking of the forward trunnion pins, which could
result in fracture of the pins and consequent collapse of the MLG.

(f) Compliance

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

(g) Repetitive Lubrications

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-32-
1402, Revision 1, dated February 7, 2013, except as required by
paragraph (j) of this AD: Lubricate the left and right MLG forward
trunnion pins, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 737-32-1402, Revision 1,
dated February 7, 2013. Repeat the lubrication thereafter at the
applicable time specified in paragraph 1.E., ``Compliance,'' until
all applicable requirements of paragraph (h) of this AD have been
accomplished.

(h) Inspection

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 737-32-
1402, Revision 1, dated February 7, 2013, except as required by
paragraph (j) of this AD: Except as provided by paragraph (i) of
this AD, do a detailed inspection for discrepancies (including
finish damage, corrosion, pitting, and base metal scratches) of the
transition radius of the left and right MLG trunnion pins, and do
all applicable repetitive inspections and related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-32-
1402, Revision 1, dated February 7, 2013. Accomplishing the detailed
inspections (initial and repetitive) and all applicable corrective
actions specified in this paragraph terminates the repetitive
lubrication requirements of paragraph (g) of this AD.

(i) Optional Terminating Action

    Overhauling or replacing a trunnion pin in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-32-1402, Revision 1, dated February 7, 2013, ends the
repetitive lubrication requirements of paragraph (g) of this AD, and
the actions required by paragraph (h) of this AD, for that pin only.

(j) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 737-32-1402,
Revision 1, dated February 7, 2013, specifies a compliance time
``from the date of Revision 1 of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by this
AD, if those actions were performed before the effective date of
this AD using Boeing Special Attention Service Bulletin 737-32-1402,
dated August 6, 2008.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section 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 local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes ODA that has been authorized by the
Manager, Seattle ACO, to make those findings. For a repair method to
be approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2009-24-07,
Amendment 39-16095 (74 FR 62231, November 27, 2009), are approved as
AMOCs for the corresponding actions required by paragraphs (g) and
(h) of this AD.

(m) Related Information

    (1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington 98057-3356. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington 98057-3356. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 2, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2013-19531 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Notices]
[Pages 43900-43904]
[FR Doc No: 2020-15552]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89309; File No. SR-NASDAQ-2020-002]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Amend the Procedures
Governing the Introduction of Legal Arguments and Material Information
by Companies in a Proceeding Before a Hearings Panel

July 14, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 2, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the procedures governing the
introduction of legal arguments and material information by companies
in a proceeding before a Hearings Panel.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

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

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

1. Purpose
    A company may, within seven calendar days of the date of a staff
delisting determination notification, public reprimand letter, or
written denial of a listing application, request a written or oral
hearing before a Hearings Panel to review the staff delisting
determination, public reprimand letter, or written denial of a listing
application.\3\ The Hearings Department will then schedule a hearing to
take place before a Hearings Panel, generally within 45 days of the
request for a hearing.\4\ The Hearings Department will send written
acknowledgment of the company's hearing request and inform the company
of the date, time, and location of the hearing, and the deadlines for
written submissions to the Hearings Panel.\5\ A company may waive its
right to an oral hearing and instead seek a decision by the Hearings
Panel based solely on its written submissions. To improve the hearings
process, the Exchange is proposing to revise the procedures governing
the introduction of legal arguments and material information by
companies in a written or oral hearing before a Hearings Panel.
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    \3\ See Listing Rule 5815(a)(1)(A).
    \4\ See Listing Rule 5815(a)(4). Under that rule, the company
will be provided at least ten calendar days' notice of the hearing
unless the company waives such notice.
    \5\ Id.
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    Specifically, the Exchange is proposing to revise, as discussed
below, Listing Rule 5815(a)(5), which currently provides that a company
may submit to the Hearings Department a written plan of compliance and
request that the Hearings Panel grant an exception to the listing
standards for a limited time period, or may set forth specific grounds
for the company's contention that the issuance of a staff delisting
determination, public reprimand letter, or denial of a listing
application, was in error, and may also submit public documents or
other written material in support of its position, including any
information not available at the time of the staff determination. The
Exchange is also proposing to revise Listing Rule 5815(a)(6), which
currently provides that at an oral hearing, the company may make such
presentation as it deems appropriate, and the Hearings Panel may
question any representative appearing at the hearing. To improve the
efficient and effective functioning of the hearings process in
connection with the company's appeal of a delisting determination,
public reprimand letter, or denial of a listing application, the
Exchange proposes amending Listing Rule 5815(a)(5) and (a)(6) to: (1)
Establish a requirement, and set forth the process, for a company to
provide a written submission and written update in connection with
either a written or oral hearing; (2) prohibit a company from
introducing in a written update or during an oral hearing before a
Hearings Panel any legal arguments that were not previously raised; and
(3) prohibit a company from introducing during an oral hearing before a
Hearings Panel any material information unless the material information
was previously raised by the company in writing or was solicited by the
Hearings Panel, or the company can show that the material information
did not earlier exist or exceptional or unusual circumstances are
present.
    The proposed revisions to Listing Rule 5815 would contain an
express requirement that for both oral and written hearings a company
must state in writing with specificity the grounds upon which it is
seeking review in advance of a hearing (the ``Written Submission'').\6\
This requirement will ensure that a company makes a Written Submission.
In addition, the requirement that a company state ``with specificity''
the grounds on which is it seeking review will ensure that the Written
Submission includes sufficient detail to be useful in the Hearings
Panel's review of the record before the hearing.
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    \6\ As noted above, the Hearings Department generally calendars
a hearing within 45 days of the request for a hearing and will
establish deadlines for written submissions to the Hearings Panel.
See Listing Rule 5815(a)(4). As determined by the Hearings
Department, both oral and written hearing matters are generally
considered on Thursdays, and the company's written submission is
typically due on the third Friday before the hearing. The Hearings
Department will generally establish the Thursday before the Hearing
as the deadline for Nasdaq staff to respond in writing.
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    The proposed revisions to Listing Rule 5815 will clarify the
ability of Nasdaq staff to respond in writing to a company's Written
Submission. The proposed revisions to Listing Rule 5815 would also
provide a company with the option to supplement the company's Written
Submission by providing a written update to the Hearings Department no
later than two business days in advance of the hearing, briefing the
Hearings Panel on any new material information that has transpired
since its Written Submission (the ``Written Update'').\7\ The Exchange
believes that allowing for a Written Update will improve the hearings
process by allowing a company to provide updated information about
fast-moving transactions, thereby enabling the Hearings Panel to
prepare for the hearing with the most current data available on the
company's steps toward achieving or maintaining compliance.
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    \7\ Because one of the purposes of the Written Update is to
allow a company to supplement its Written Submission, a company
would be permitted to submit a Written Update even if Nasdaq staff
does not respond in writing to the company's Written Submission.
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    To ensure that companies provide the requisite information in a
Written Submission or a Written Update, the Exchange proposes including
certain evidentiary standards in proposed Listing Rule 5815. Under the
proposed revisions to Listing Rule 5815, legal arguments are only
permitted in the Written Submission, and the company must include in
the Written Submission all legal arguments on which it intends to rely.
A company that does not raise with specificity a legal argument in its
Written Submission will be prohibited from introducing a new legal
argument in the Written Update or during the hearing before the
Hearings Panel.\8\ The Hearings Panel will determine that a company has
raised a legal argument with specificity if the legal argument includes
sufficient detail to be useful in the Hearings Panel's review of the
record before the hearing.
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    \8\ There is precedent for the requirement that an appellant
include all legal arguments in an opening brief, such as the Written
Submission, in the SEC Rules of Practice and by the Federal Rules of
Appellate Procedure. See, e.g., SEC Rules of Practice 420, 17 CFR
201.420(c) (governing appeals to the Commission of determinations by
Self-Regulatory Organizations, which requires that an application
for review ``set forth in summary form a brief statement of alleged
errors in the determination and supporting reasons therefor'' and
that any exception to a determination ``not supported in an opening
brief'' may ``be deemed to have been waived''). See also SEC Rules
of Practice Rule 222, 17 CFR 201.222(a) (governing prehearing
submissions, which allows a hearing officer, on his or her own
motion, or at the request of a party or other participant, to order
any party to furnish information including ``an outline or narrative
summary of its case or defense'' and ``the legal theories upon which
it will rely''). See, e.g., Barna v. Bd. of Sch. Dirs. of the
Panther Valley Sch. Dist., 877 F.3d 136, 145-46 (3d Cir. 2017)
(noting that Fed. R. App. P. 28 requires an appellant's opening
brief to set forth and address each argument the appellant wishes to
pursue in an appeal and that the court will not ``reach arguments
raised for the first time in a reply brief or at oral argument'').
---------------------------------------------------------------------------

    Otherwise, when a company raises a legal argument during a hearing
or right before the hearing that was not

contained in its Written Submission, it deprives Nasdaq staff of the
opportunity to provide a thorough response to the legal argument and it
deprives the Hearings Panel the benefit of Nasdaq staff's views and
perspective. As a result, the Hearings Panel would not be able to
properly adjudicate the legal issue. While new legal arguments are not
permitted in the Written Update, the Exchange does not believe that any
prejudice will result to a company from this requirement because the
Exchange believes a company would have developed its legal arguments
early in the hearings process as part of formulating its Written
Submission. The Written Update is solely intended to give a company the
additional opportunity to provide an update on any new material
information that has transpired since its Written Submission and to
reply to Nasdaq staff's response.\9\
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    \9\ Nasdaq has observed that companies are primarily seeking to
introduce material information such as a new equity offering or
merger, as opposed to legal arguments, at the hearing; thus, the
Written Update will provide companies with an opportunity to update
the Hearings Panel with material information closer in time to the
hearing, but far enough in advance that the Hearings Panel has
adequate time to consider such information.
---------------------------------------------------------------------------

    In addition, under the proposed revisions to Listing Rule 5815, a
company that fails to raise with specificity any material information
relating to its appeal of a delisting determination, public reprimand
letter, or denial of a listing application in either its Written
Submission or Written Update (``New Material Information''), with
certain exceptions, will be prohibited from introducing such
information during the oral hearing before the Hearings Panel.
Information would not be considered New Material Information if, in the
Hearings Panel's opinion, the company had previously included
information with sufficient detail to be useful in the Hearings Panel's
review of the record before the hearing. This revision is intended to
improve the Hearings Panel's timely access to material information, and
the proposed Listing Rule 5815 includes certain safeguards to ensure
such access.
    New Material Information would be permitted in three situations.
First, the prohibition on introducing New Material Information during
the hearing only applies absent solicitation from the Hearings Panel.
This is to ensure that the Hearings Panel is not restricted or limited
in its ability to ask questions of a company and has the latitude
needed to receive answers to its inquiries during the oral hearing.
    Second, if the Hearings Panel determines that the company has shown
that the New Material Information did not exist at the time the company
was permitted to submit a Written Update, i.e., the information is
truly new, then the company will be permitted to introduce such
evidence at the hearing. For example, where a key component of a
company's compliance plan is a merger, and the company obtains a fully
executed version of the merger agreement the day before the hearing,
the executed merger agreement would constitute information that did not
exist at the time the company was permitted to submit a Written Update.
However, the fact that the company was pursuing a merger, the potential
merger parties, and the material terms of the contemplated merger,
should have been previously disclosed by the company, as some or all of
such information likely existed at the time the company was permitted
to submit a Written Update.
    Third, if the Hearings Panel determines that the company has shown
that ``exceptional or unusual circumstances'' exist that warrant
consideration of the New Material Information, then the company will be
permitted to introduce such evidence at the oral hearing. As stated in
the proposed revisions to Listing Rule 5815, ``exceptional or unusual
circumstances'' would include, but are not necessarily limited to,
material information that was not earlier discoverable by the listed
company despite all reasonable measures having been taken.\10\ This is
intended to provide a prudent safety valve for companies that have
otherwise exercised due diligence in providing timely information to
the Hearings Panel, yet it is circumscribed to the degree necessary to
avoid becoming an exception that swallows the general standard.
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    \10\ Cf. SEC Rules of Practice 452, 17 CFR 201.452 (a party may
file a motion for leave to adduce additional evidence prior to the
issuance of a decision by the Commission upon a ``show[ing] with
particularity that such additional evidence is material and that
there were reasonable grounds for failure to adduce such evidence
previously'').
---------------------------------------------------------------------------

    Where a Hearings Panel permits a company to introduce New Material
Information, the proposed revisions to Listing Rule 5815 also provides
Nasdaq staff an opportunity to respond in writing to the New Material
Information within up to three business days, or such shorter time as
the Hearings Panel requests, following the oral hearing. Because the
company had the opportunity to present its view on the New Material
Information at the oral hearing, the company may respond to the staff's
submission only if the Hearings Panel requests it do so. This approach
balances the company's need to introduce new information during a
hearing; the Nasdaq staff's ability to provide a fulsome review of such
information to benefit the Hearings Panel's ultimate consideration of
an issue; and the interest in timely resolving a matter after a
hearing.
    The proposed changes to Listing Rule 5815 will be operative for any
company that requests a hearing to review a staff delisting
determination, public reprimand letter, or written denial of a listing
application after the date of an SEC approval of the proposed rule
change.\11\
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    \11\ Companies that have requested a written or oral hearing
before a Hearings Panel to review the staff delisting determination,
public reprimand letter, or written denial of a listing application
prior to the date of SEC approval of the proposed rule change will
be subject to the rule text in Listing Rule 5815(a)(5)-(6) that was
effective prior to the date of such SEC approval. For such
companies, the online rulebook will contain a hyperlink to the older
version of the rule.
---------------------------------------------------------------------------

    The Exchange believes that the above-mentioned revisions to Listing
Rule 5815 will enhance the hearings process by providing the Hearings
Panel with the most developed record in as timely a manner as possible.
The Exchange further believes that the proposed revisions will avoid
situations that Nasdaq staff has observed where, in advance of a
hearing, companies provide little information about their plan to
achieve or regain compliance or regarding their appeal of a public
reprimand letter or denial of an initial listing application, and
instead present such information for the first time during the hearing.
When companies belatedly provide information to the Hearings Panel,
Nasdaq staff has observed that it does not provide the Hearings Panel
with adequate time to prepare for and consider the information in
advance of the hearing. Similarly, where companies belatedly provide
legal arguments to the Hearings Panel, Nasdaq staff is unable to
adequately brief the Hearings Panel concerning its response to the
legal argument and, as a result, the Hearings Panel does not have
adequate time to prepare for and consider the legal argument in advance
of the hearing and thus cannot properly adjudicate the issue.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\12\ in general, and furthers the objectives of
Sections 6(b)(5) and 6(b)(7) of the Act,\13\ in particular, in that it
is 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, by preventing companies from engaging in gamesmanship
in the hearings process while affording companies a fair process and
reasonable opportunity to present material arguments and evidence to
the Hearings Panel at an appropriate time in the hearings process.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5) and (7).
---------------------------------------------------------------------------

    Specifically, this proposal will prevent companies from providing
substantive information for the first time during a hearing, after
having provided the Hearings Panel either no written compliance plan
before the hearing or little detail regarding their compliance plan or
appeal of a public reprimand letter or denial of an initial listing
application before the hearing. In such circumstances, a Hearings Panel
has little or no opportunity to review material information regarding a
company's compliance plan or a company's appellate position, or to
formulate questions to ask the company, in advance of the hearing. As a
result, the Hearings Panel may need more time or information to fully
consider the matter following the hearing. In the Exchange's view,
these current practices effectively reward a company that withholds
information by extending the time it remains listed pending a Hearings
Panel decision.\14\
---------------------------------------------------------------------------

    \14\ Generally, a timely request for a hearing stays the
suspension and delisting action pending the issuance of a written
Panel Decision. Listing Rule 5815(a)(1)(B).
---------------------------------------------------------------------------

    Likewise, when companies withhold legal arguments from their
Written Submissions regarding a compliance plan or their appellate
position, Nasdaq staff may be unable to fully develop legal arguments
or advise the Hearings Panel effectively regarding a company's request
for relief. As a result, the Hearings Panel would not be able to
properly adjudicate the legal issue during the hearing. While legal
arguments are not permitted in the Written Update, the Exchange does
not believe that any prejudice will result to a company because the
Exchange believes a company would have developed its legal arguments
early in the hearings process as part of formulating its Written
Submission.
    The Exchange believes that this proposal is in keeping with the
principles described in Sections 6(b)(5) and 6(b)(7) because it will
ensure that the hearings process operates effectively and efficiently,
allowing companies the opportunity to present information and legal
arguments about their appellate position or ability to achieve and
maintain compliance, while also affording the Hearings Panel an
opportunity to review that information or legal argument and benefit
from Nasdaq staff's views about the information presented. As such, the
Exchange believes that this proposal will strengthen the integrity and
transparency of the hearings process. Furthermore, the Exchange
believes that the proposed changes to the hearings process
appropriately balance the potential harm of a delisting decision or a
denial of initial listing to the company and its current investors with
the expectations of prospective investors, who are entitled to believe
that a company listed on Nasdaq satisfies all of Nasdaq's listing
requirements.\15\ Likewise, the Exchange believes that the proposed
changes to the hearings process appropriately balance the potential
harm to companies issued a public reprimand letter with an improved
opportunity to adequately develop the record in advance of the oral
hearing.
---------------------------------------------------------------------------

    \15\ See In re Tassaway, Securities Exchange Act Release No.
11291, 45 S.E.C. 706, 709, 1975 SEC LEXIS 2057, at *6 (Mar. 13,
1975) (``[P]rimary emphasis must be placed on the interests of
prospective future investors . . . [who are] entitled to assume that
the securities in [Nasdaq] meet [Nasdaq's] standards. Hence the
presence in [Nasdaq] of non-complying securities could have a
serious deceptive effect.'').
---------------------------------------------------------------------------

    The Exchange believes that the proposed process is fair because
companies retain the ability to introduce all relevant information
before a Hearings Panel, and the proposed changes require that they do
so in a more efficient way that helps to minimize the length of time a
Hearings Panel needs to make a decision. The Exchange further believes
that the proposed process limiting legal arguments to the Written
Submission is fair because the Exchange believes a company would have
developed its legal arguments early in the hearings process as part of
formulating its Written Submission. In addition, building in time for
Nasdaq staff to provide a thorough response to the legal argument in
advance of the hearing allows the Hearings Panel to properly adjudicate
a legal issue with the benefit of having fully considered the company's
and Nasdaq staff's views in advance of the hearing.

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 not necessary or appropriate in
furtherance of the purposes of the Act. All companies seeking review of
a delisting determination, public reprimand letter, or denial of an
initial listing application before a Hearings Panel would be affected
in the same manner by this change. Moreover, as described above, Nasdaq
believes that the proposed rule change is necessary to enhance investor
protection from companies that withhold material information or legal
arguments from the Hearings Panel until the day of the hearing. This
conduct may result in the Hearings Panel's need for additional time to
review the information and, thus, potentially unqualified companies
remaining listed longer pending a Hearings Panel decision.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2020-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2020-002. This
file number should be included on the

subject line if email is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's internet website
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all
subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2020-002 and should be submitted on or before August 10, 2020.

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

    \16\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.

[FR Doc. 2020-15552 Filed 7-17-20; 8:45 am]
BILLING CODE 8011-01-P


STATEMENT SUPPORTING FOR THE RENEWAL OF INFORMATION COLLECTION: DISTRIBUTION OF OFFSITE CONSEQUENCE ANALYSIS INFORMATION
                UNDER SECTION 112(r)(7)(H) OF THE CLEAN AIR ACT
                                 EPA #1981.07

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a)	Title of the Information Collection Request

      Distribution of Offsite Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act (CAA), as amended  -  EPA No. 1981.07, OMB Control Number 2050-0172.

      1(b) 	Short Characterization

      This ICR renewal is for the collection developed to support the final rule, Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Act Section 112(r)(7); Distribution of Off-Site Consequence Analysis Information. CAA section 112(r)(7) required EPA to promulgate reasonable regulations and appropriate guidance for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submittal of a risk management plan (RMP) to EPA. The RMP includes information on offsite consequence analyses (OCA) as well as other elements of the risk management program.

      On August 5, 1999, the President signed the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA). This Act required the President to promulgate regulations for the distribution of OCA information (CAA section 112(r)(7)(H)(ii)). The President delegated to EPA and the Department of Justice (DOJ) the responsibility to promulgate regulations to govern the dissemination of OCA information to the public.

      The final rule, published on August 8, 2000 (65 FR 48108), imposed minimal information collection and record keeping requirements. The federal government established 55 reading rooms at federal facilities, geographically distributed across the United States and its territories where the public can read, but not mechanically copy or remove, paper copies of OCA information for up to 10 stationary sources per calendar month. Reading rooms also provide access to OCA information that the Local Emergency Planning Committee (LEPC), in whose jurisdiction the individual lives or works, is authorized to provide.

      A few federal reading rooms provide walk-in access, but most require an appointment. The requestor will need to display photo identification issued by a federal, state, or local government agency, sign a sign-in-sheet, and certify that they have not received access to OCA information for more than 10 stationary sources for that calendar month. Persons requesting access to OCA information at the federal reading rooms for local stationary sources will also be asked to sign-in and provide documentation demonstrating that he or she lives or works in the LEPC jurisdiction for which the OCA information is requested. Access will be limited to paper copies of OCA information for a total of 10 stationary sources during a calendar month, regardless of how many reading rooms the requestor visits during a single month.

      EPA also established a Vulnerable Zone Indicator System (VZIS) which indicates whether any given address is within the vulnerable zone of one or more stationary sources, according to the data reported in RMPs. The VZIS is available on the Internet and individuals with no Internet access can obtain the same information by regular mail request to the EPA.

      The final rule also authorizes and encourages LEPCs and related local government agencies (such as police, fire, emergency management and planning departments) to provide read-only access to OCA sections of RMPs for sources located within the jurisdiction of the LEPC and for any other stationary sources with vulnerability zones extending into the LEPC's jurisdiction. These local agencies receive OCA information upon request to EPA for all the sources in the LEPC jurisdiction and for any sources whose vulnerable zones extend into the LEPC's jurisdiction. They are authorized to make the OCA information available to the public for reading, but not copying mechanically. Those agencies that provide read-only access are not required to limit the number of stationary sources for which a person can gain access, ascertain a person's identity or place of residence or work, or keep records of public access provided.

      State government agencies, such as emergency management, environmental protection, health, and natural resources departments, can receive OCA data upon request to EPA, for all facilities in the state. They are authorized to make the OCA information available for reading, but not copying mechanically, to members of the public for the same stationary sources as the LEPC in whose jurisdiction the person lives or works. If a state chooses to provide this information, staff must verify the person's address or place of employment. State agencies are not required to provide public access to OCA information.

      CSISSFRRA allows any member of an LEPC, State Emergency Response Commission (SERC) and any other state or local government official to convey to the public any OCA data elements orally or in writing, provided that the data elements are not conveyed in the format of sections 2 through 5 of an RMP or any electronic database that EPA has developed that includes OCA data elements.

      State and local government officials may also obtain OCA information for their official use. These officials must send a request on official letterhead to certify that they are covered persons under P.L. 106-40, and that they will use the data for official use only.

2.	NEED FOR AND USE OF THE COLLECTION

      2(a)	Need/Authority for the Collection

      This information collection is authorized under the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (CSISSFRRA). Members of the public wishing to view OCA information at a federal reading room provide a signature and certification stating that the requestor has not received access to OCA information for more than 10 stationary sources during that calendar month. The federal reading room staff will check photo identification of the requestor and documentation demonstrating where he or she lives (for those who are requesting OCA information on local stationary sources at federal reading rooms.) Members of the public who contact the central office will be asked to provide their name, telephone number, residential address, and names of the stationary sources for which they wish to view the OCA information. This ICR also covers the written requests from state and local officials for OCA information. In addition, it governs the maintenance and disclosure of the OCA information by state and local entities for public use, as authorized and encouraged by CSISSFRRA and codified in 40 CFR Part 1400.

      2(b)	Practical Utility/Users of the Information

      The information collection from the public under 40 CFR Part 1400 assures compliance with 40 CFR 1400.3 ("Public access to paper copies of off-site consequence analysis information"). Signatures and certifications are collected to ensure that members of the public comply with 40 CFR 1400.3(c), which provides that a federal reading room may not provide a person access to OCA information for more than 10 stationary sources in a calendar month. This limitation on access is consistent with CSISSFRRA section 3(a), which states in relevant part that the regulations promulgated thereunder "[allow] access by any member of the public to paper copies of [OCA] information for a limited number of stationary sources located anywhere in the United States . . ." [emphasis added].

      A person wishing to view OCA information at a federal reading room first must show photo identification to the reading room staff to satisfy the statutory requirement that individuals have access "to a limited number" of paper copies of OCA information. The photo identification significantly reduces the risk that someone will attempt to use identification that is not his or her own.

      At federal reading rooms, members of the public also have access to OCA information that the LEPC in whose jurisdiction the person lives or work, is authorized to provide. Individuals will be asked to sign-in and provide documentation that they live or work in the LEPC whose jurisdiction for which the OCA information has been requested. The purpose of this requirement is to assure that the individual will be given only the OCA information to which he or she is entitled.

      A member of the public who calls the central office to obtain OCA data will be asked to provide his/her name, telephone number, and the names of the stationary sources for which OCA information is being requested. This information will enable the central office to schedule an appointment for the requestor at a reading room, relay the request for copies of OCA information to that reading room, and, if necessary, contact the requestor.

      This collection also covers the letters sent by state and local agencies to EPA to request OCA information either for their own use, such as emergency planning and/or to provide read-only access to the public. State and local officials who wish to obtain OCA information for their own official use must send a request on official letterhead to EPA certifying that they are covered persons under P.L. 106-40 and that they will use the information for official use only.

3. 	 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

      3(a)	Non-Duplication

      The information collected under this ICR renewal by the central office includes signatures, certifications, personal identification data and names of the stationary sources for which the individuals would like to view OCA data. The information collection also covers letters from state or local officials to EPA requesting OCA information. This collection does not duplicate any other federal collection because it is specific to this rule and necessary to ensure implementation of the rule.

      3(b) Public Notice

      In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency notified the public through a Federal Register notice on the resubmission of this ICR on November 23, 2018 (83 FR59379). No comments were received.

      3(c) Consultations

      EPA contacted the EPA Headquarters reading room, in addition to a subset of EPA Regions, and state and local agencies that receive OCA data, to determine how many members of the public visited a reading room over the previous ICR period. Given the total number of state and local agencies (52 states offices and 3,000 LEPCs), the number of visits for read-only access to OCA data was very low in the previous ICR period, and with the establishment of the website, http://www.rtk.net, (rtk is the acronym for Right to Know), reading room visits are expected to continue to become largely unnecessary. EPA contacted several state agencies and found that none had recorded even a single reading room visit. To err on the conservative side, EPA is assuming five reading room visits annually to all state and local agency reading rooms (15 for three years).

      Most OCA reading room visits occur at the reading room operated by EPA Headquarters in Washington, DC. During the previous ICR period of 2016-2018, the number of reading room visits was 76, or 25 per year, which declined from 227 for the ICR period prior to that. Based on contacts with four EPA Regions, the total number of visits to those reading rooms for the previous ICR period was five, or an average of 1.5 visits per Region. Extrapolating to all 10 EPA Regions, over a three-year period the total would have been 15 visits, or five per year. Thus, the estimated total for EPA HQ and the EPA Regional offices is assumed to be 30 visits annual (90 visits for three years).

      3(d)	Effects of Less Frequent Collection

      This section is not applicable. The only data being collected are the signatures and self-certification; these are only collected at the time of visit.

      3(e)	General Guidelines

      This section is not applicable.

      3(f)	Confidentiality

      The signatures and self-certifications data collected are not confidential information. EPA and DOJ have not created a tracking system to enforce the limit on access to paper copies (10 per month total) at the reading rooms.

      3(g)	Sensitive Questions

      This section is not applicable.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

      4(a)	Respondents/NAICS Codes

      The respondent universe for this ICR renewal is state and local officials and members of the public. The most significant users are likely to be state and local agencies (NAICS code 92111).

      4(b)	Information Requested

      Members of the public are required to provide their name, telephone number, and the names of the stationary sources for which they request OCA information when they contact the central office to schedule a reading room appointment. Individuals visiting the reading rooms are required to sign-in and self-certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month. Individuals wishing to view OCA information which the relevant LEPC is authorized to provide will also be asked to sign-in and document that he or she lives or works in the LEPC jurisdiction for which the OCA information has been requested.

      State and local agencies are required to send a written request to EPA for OCA information. State and local officials must send the request on their official letterhead certifying that they are covered persons under P. L. 106-40 and that they will use the data for official use only.

      (i)	Data Elements

      Members of the public are required to provide their name, telephone number, and the names of the stationary sources for which OCA information is being requested when they contact the central office to schedule an appointment to view OCA information. Individuals requesting to view OCA information at federal reading rooms are required to sign in and self-certify. A person requesting OCA information from a federal reading room for the stationary sources in the area where they live or work is required to provide proof that they live or work in that area.

      (ii)	Respondent Activities

      The respondent activities for state and local agencies include:

       Read and understand the Security Notice to Federal, state, and local officials and researchers;
       Submit a written request to EPA for OCA information;
       Provide a location for the public to review OCA information for local stationary sources;
       Ensure that members of the public do not remove or copy OCA information they review;
       Make OCA information available in formats other than sections 2 through 5 of the RMP.

      The respondent activities for members of the public include the following:

       Call the central office to make an appointment at a reading room, and providing name, phone number, and the names of the stationary sources for which OCA information is requested;
       Display a photo identification (e.g., driver's license) at reading rooms and proof of place of residence or employment (when seeking to view OCA information for stationary sources located near place of residence or employment); and sign-in and certify that they have not viewed OCA information for more than 10 stationary sources during that calendar month.
       Submit a request for information from the vulnerable zone indicator system (VZIS) (by Internet or mail); and
       Make follow-up calls or contacts to obtain additional information on stationary sources that may affect them.

      Members of the public are permitted to read and take notes from the OCA information, but not to remove or mechanically reproduce it. The regulation imposes no limit on the number of local stationary sources (within the LEPC district or affecting the LEPC district) for which members of the public may review paper copies of OCA information made available by local agencies. The regulation does not require local agencies to ask members of the public to show any identification to gain access to the information. State agencies are permitted to provide a person the same access to paper copies of OCA information to a member of the public as that person would receive at his or her local agency. State agencies will need to verify that a person seeking information for an area lives or works in the area.

      The burden estimates for documentation and reporting are discussed in section 6 of this ICR.

5.	THE INFORMATION COLLECTED  --  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

      5(a)	Agency Activities

      State and Local Agencies, and LEPCs

      State and local officials who wish to obtain OCA information must send a written request on their official letterhead to EPA to certify that they are covered persons under P.L. 106-40, and that they will use the information for official use only. In addition to submitting the written request to EPA, state and local covered persons who opt to receive OCA information via CDX must also register with EPA for access to CDX. This is a one-time registration requirement for each new CDX user.

      The final rule authorizes and encourages state and local agencies to set up public reading rooms to provide read-only access to OCA information for all the sources in the LEPC's jurisdiction and for any source where the vulnerable zone extends into the LEPC's jurisdiction.

      While these agencies are not required to carry out these activities, the costs and burden are detailed in section 6.

      Federal Government

      The federal government provides OCA information and technical support to the state and local agencies. After approving a request for OCA information from state and local officials, EPA can mail the requester a compact disk with the information, provide access through the EPA Central Data Exchange (CDX) system (i.e., over the Internet), or provide paper copies of RMPs to state and local agencies on request.

      The federal government also operates reading rooms, maintains the VZIS software and may engage in other activities to provide access to OCA information.

      5(b)	Collection Methodology and Management

      State and Local Agencies, and LEPCs

State and local agencies, and LEPCs, do not collect any information from the public.

      Federal Government

      The federal reading rooms maintain records of reading room use and certifications in accordance with procedures established by the Administrator and the Attorney General. These records are retained a maximum of three years.

      The federal reading room staff views the photo identification of requestors to verify the identity of the person requesting OCA information to decrease the likelihood that OCA information would be obtained by individuals seeking it for criminal purposes.

      The reading room staff also views proof of residence and employment to ensure that the requestor receives access only to the local OCA information to which he or she is entitled. The purposed of the requirement for signature and self-certification is to prevent individuals from obtaining more than their authorized allotment of national OCA information (10 stationary sources per calendar month). To further deter individuals from attempting to exceed their allotment by visiting more than one federal reading room in a month, reading room personnel provide access to OCA information only to individuals who have signed a certification that they have not exceeded their allotment. The certification will inform members of the public that they may be subject to criminal penalties under federal law for falsely certifying that they have not received OCA information for more than 10 stationary sources that month. The information recorded on sign-in sheets may be used by law enforcement in the event of a duly authorized investigation of a violation of civil or criminal law. Therefore, these sign-in sheets are retained for three years.

      The information collected during telephone calls received by the central office from a requestor of OCA information will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor. This information would not be retained beyond the requestor's appointment date. The requests from state and local officials for OCA information also are retained for three years.

      5(c)	Small Entity Flexibility

      The rule does not require small entities, such as local emergency planning committees or related local government agencies, to provide public access to OCA information, hence no special flexibilities are needed for small entities.

      5(d)	Collection Schedule

          The information collection at the federal reading rooms occurs only when an individual requests OCA information.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

      6(a)	Respondent Burden

State and Local Agencies, and LEPCs

OCA Data Requests and CDX Registration

      States, state government agencies, local governments and LEPCs can obtain OCA data in three ways: by CD, via RMP*Info and via RMP Dataset Download. All three ways require that the government or agency write a letter of request to EPA for the data to ensure that they are covered persons and entitled to receive the data. Originally, EPA's RMP Reporting Center sent OCA data on a CD to EPA Regional offices, implementing state/local agencies, and other covered persons in such agencies, who would use the data. In 2009, the RMP Reporting Center made the use of the CDs largely obsolete, except for those agencies using the Download Dataset (mostly, for running Access queries of the data). For the 2013  -  2015 ICR period, EPA received only one new request to receive OCA via CD. During the previous reporting period, EPA received no new requests. This means that nationally, the only new OCA request letters coming in are for the OCA version of RMP*Info (access to view facility-submitted RMPs with OCA via the internet).

       During the previous ICR period, EPA mailed a total of 397 OCA data CDs (132 CDs per year), to 26 state and local agencies based on standing requests (Note that these 26 agencies are not counted as respondents because they do not need to take any action to receive the data once they have submitted a standing request to EPA.) The burden to create and mail these CDs is discussed under section 6 (c) of this supporting statement. EPA expects the number to remain the same for the ICR renewal period. State and local agency standing requests for OCA data include monthly, bimonthly, quarterly or annual bases. During the previous ICR period, EPA also made OCA data available to some state and local agencies via the EPA Central Data Exchange (CDX). In addition to submitting the written request letter required of all covered persons desiring access to OCA data, covered persons who opt to receive OCA data via CDX must also register within that system.

      During the previous ICR period, 45 state and local agencies registered for OCA data access via CDX via either RMP*Info or RMP Dataset Download. This ICR assumes the same number will register for OCA data access via CDX during this ICR renewal period, or 15 per year. The ICR accounts for the burden associated with submitting letters of request to EPA and registering within CDX. State and local agencies requesting OCA data include members of SERCs, environmental protection agencies, emergency management agencies, etc. During the previous ICR period, EPA also received nine requests from LEPCs for OCA data. Therefore, EPA estimates that the same number will submit requests for OCA data during this ICR renewal period, or, three LEPCs will submit a request for OCA data for each year covered by this ICR. EPA also assumes that these LEPCs will opt to receive the OCA data via CDX (via either RMP*Info or RMP Dataset Download), which will require them to register with CDX.

      For purposes of estimating the burden, EPA assumes that a state agency, a local agency or LEPC will spend one hour preparing and submitting an OCA request letter, and one hour registering with CDX for on-line access to OCA data. Therefore, EPA expects a total of 18 state and local agencies and LEPCs will spend two hours each, or a total of 36 hours annually (108 hours for three years) on activities associated with OCA request letters and CDX registration.

Public Meetings

      LEPCs hold public meetings to discuss OCA information for facilities in their jurisdiction that facilities have authorized to be released. EPA assumes that the same three LEPCs that submit letters of request to EPA for OCA data also hold, on average, one public meeting per year each during each of the three years covered by this ICR. Each meeting is assumed to require eight hours for meeting preparation and to hold the meeting. Therefore, EPA expects that LEPCs will spend a total of 24 hours (3 meetings x 8 hours per meeting) annually on public meetings (72 hours for three years).

Reading Rooms

      In previous ICRs renewals, EPA estimated that 200 members of the public would visit state and local reading rooms for OCA data annually. In the most recent previous ICR period, as described in section 3(c) of this supporting statement, the state agencies EPA contacted reported not a single reading room visit occurred. To err on the conservative side, EPA is assuming five visits will occur annually (15 visits for three years).

      For each visit by a member of the public, the state and local agencies are assumed to spend two hours providing information to the public. State and local reading room staff will also spend one hour learning how to handle OCA information securely. Therefore, based on EPA's estimate of five visits annually, the state and local agency burden is 15 hours annually (45 hours for three years).

Total Burden

      The total burden hours for state and local agencies are estimated to be 75 hours annually (225 hours for three years). (See Exhibit 1).

Public (Individuals)

Reading Room Visits

      EPA assumes that each member of the public would spend approximately one hour to sign-in and certify; call the central office to give his/her name, address, telephone number, names of the stationary sources for which OCA information is requested, display documentation demonstrating proof of residence and employment, and view OCA information for local facilities at a federal reading room. Based on the information received from federal reading rooms for the previous ICR renewal period, EPA assumes approximately 25 visits to the federal reading rooms annually (76 visits in three years) for the current ICR renewal period. State and local agency reading rooms contacted by EPA reported not a single visit to a reading room from a member of the public during the previous ICR period. However, to err on the conservative side, EPA is assuming that there will be five public visitors to state and local reading rooms (15 visits over three years). In total, EPA assume a total of 30 visits to federal, state and local reading rooms annually (90 visits over three years), with public burden estimates of 30 hours annually, and 90 hours over the three-year ICR renewal period. This estimate is significantly below reading room visit numbers estimated for the previous ICR renewal.

VZIS Inquiries

      Additionally, EPA assumes that the public will use the vulnerable zone indicator system (VZIS). In the previous ICR period, the EPA reporting center received approximately 262 VZIS inquiries annually from the public. Therefore, EPA estimates that the Agency will receive the same number of VZIS inquiries, or 767 inquiries over the three-year ICR renewal period. EPA estimates that it requires approximately one hour for a member of the public to submit a request for the VZIS.

Total Burden

      The total burden to the public for reading room activities and VZIS inquiries is estimated to be 292 hours annually (30 hours for reading room activities plus 262 hours for VZIS inquiries) (876 hours over three years).

      6(b)	Estimating Respondent Costs

      	(i) Estimating Labor Costs

State and Local Agencies, and LEPCs

      To estimate costs for state and local agencies to submit a written request to EPA for OCA information, provide the OCA information to the public and monitor its use, and prepare for and hold public meetings, EPA used the administrative services manager hourly mean, fully loaded wage rate for local government employees of  $74.55 ($49.70 x 1.5 loading factor) (BLS Occupational Employment and Wages data, May 2017, Table 11-3011, https://www.bls.gov/oes/2017/may/oes_nat.htm#11-0000).

      The total labor cost for state and local agencies is estimated to be $5,591 annually ($16,774 for three years).

Public (Individuals)

      The value of the public's time is estimated for reading room visits and VZIS data requests using the hourly mean, fully loaded wage rate for all occupations from the BLS National Occupational Employment and Wage Estimates, United States, from May 2017 of $36.51 ($24.34 x 1.5 loading factor) (https://www.bls.gov/oes/2017/may/oes_nat.htm#00-0000).

      The total value of the public's time is estimated to be $10,661 annually ($31,983 for three years).

		(ii) Estimating Capital and O&M Costs

State and Local Agencies, and LEPCs

	The total annual O&M cost for state and local agencies to mail letters to EPA requesting OCA information is approximately $9.00 (18 letters per year with $.50 postage per letter), or $27.00 over three years. Using a cost of $7.00 for a ream of recycled copy paper (from GSA Advantage website) and assuming each person visiting a reading room reviews 10 RMPs of 20 pages each, the paper cost per visit is $2.80. Assuming five visits per year, the annual paper cost is $14.00, or $42 over three years. The total O&M cost for state and local agencies is estimated at $23 annually ($69 for three years).

Public (Individuals)

	The public does not incur any capital or O&M costs when making reading room visits or VZIS data requests for OCA data.

      6(c) Estimating Agency Burden and Cost

Reading Rooms

      EPA and DOJ currently operate 55 reading rooms located at federal buildings. The EPA Headquarters reading room is operated on a walk-in basis and the others are by appointment only.

      Federal costs were estimated based on activity levels and the FY 2018 GS wage schedule for the Washington-Baltimore-Northern Virginia locality (www.OPM.gov), using a GS-9, step 5 fully loaded hourly wage rate of $45.81 ($30.54 x 1.5).

      Reading room staff activities are to take phone calls from the public, schedule appointments for use of the reading rooms, print the requested RMPs, review the identification presented, monitor the use of the RMPs to ensure that they are not mechanically copied, and shred them when the user is finished. Federal reading room staff are assumed to spend two hours performing these activities for each reading room visit by a member of the public. Reading room staff will also spend one hour learning how to handle OCA information securely. However, reading room usage has declined significantly with the public availability of RMP data through rtk.net, which was most recently updated for RMP on April 30, 2018.

      EPA Headquarters and EPA Region reading rooms logged a total of 81 visits per year during the previous ICR renewal period (76 visits at Headquarters and conservatively, an estimated five visits at EPA Region reading rooms). EPA is maintaining that estimate for this ICR renewal period. Therefore, EPA staff will spend three hours per reading room visit, or 243 hours annually (729 hours for three years), at a cost of $11,132 annually ($33,395 for three years).

VZIS and Data Requests

      EPA operates the VZIS system, prepares and mails data CDs, creates CDX accounts, and responds to queries through the RMP Reporting Center. The RMP Reporting Center spends $1,500 per month, or $18,000 per year ($54,000 for three years) responding to VZIS and data requests.

RMP Reporting Center Costs for OCA Data

      EPA's RMP Reporting Center maintains OCA data, processes OCA data requests, creates OCA databases, burns CDs and generates CD labels and performs quality control activities. The RMP Reporting Center spends $7,200 per month, or $86,400 per year ($259,200 for three years) on these activities.

Agency O&M Costs

      The RMP Reporting Center spends $400 to purchase CDs and $400 to mail CDs with OCA data each year. The total cost to purchase and mail data CDs therefore is estimated to be $800 annually ($2,400 for three years).

	In addition, EPA reading rooms (Headquarters and EPA Regions) print paper copies of RMPs. Using a cost of $7.00 for a ream of recycled copy paper (from GSA Advantage website) and assuming each person visiting a reading room reviews 10 RMPs of 20 pages each, the paper cost per visit is $2.80. Assuming 81 visits to EPA federal reading rooms per year (243 visits for three years), the paper cost is $227 annually ($680 for three years).

	The total O&M cost for the federal government, for both reading room and CDs is estimated at $1,027 annually ($3,080 for three years).

      The combined annual labor and O&M cost to the federal government is thus estimated to $116,559 annually ($349,676 for three years).

      6(d) Estimating Respondent Universe and Total Burden and Cost

	The annual respondent universe for this ICR is 315 state and local agencies, LEPCs and individuals (public). The total includes 15 state agencies and three LEPCs that send letters of request for OCA data, five states that experience reading room visits, three LEPCs that hold a public meeting; the public component of the total includes 30 individuals who visit federal and state reading rooms and 262 individuals who request VZIS data. The three LEPCs that hold public meetings are assumed to be the same three LEPCs that send letters of request for OCA data. All other respondents are assumed to be unique.

	Total annual burden for all respondents is 367 hours and total annual cost is estimated to be $16,252.

      6(e)	Bottom Line Burden Hours and Cost Tables

      	(i) Respondent Tally

      Respondents for this ICR are state and local officials requesting OCA data from EPA, handling reading room visits an; and the members of the public visiting reading rooms and making inquiries for data through VZIS. The total number of annual respondents is 315 (again, the three LEPCs that hold public meetings are assumed to be the same three LEPCs that send letters of request for OCA data, and thus are not unique).

      The annual burden for respondents during the period covered by this ICR is estimated to be 367 hours at a cost of $16,252.

(ii) Agency Tally

	EPA Headquarters and Region offices burden to operate reading rooms is estimated to be 243 hours annually at a cost of $11,132. Annual costs to operate the RMP Reporting Center related to OCA data are $140,400, in addition to O&M costs of $1,027 to print RMPs at reading rooms and purchase and mail CDs with OCA data. Total labor costs are estimated at $151,532 annually, and O&M costs are estimated at $1,027 annually.

      6(f)	Reasons for Change in Burden

      There is a significant decrease in the estimated burden for this ICR renewal compared to the previous ICR renewal. The burden reduction is attributable to the reduced number of reading room visits by the public, the reduced number of letters of request for OCA from state and local governments and LEPCs, and a reduced number of public meetings assumed to be held by LEPCs resulting from the lower of letters of request submitted by LEPCs. To a large extent, the reductions are the result of the respondents increasingly obtaining the OCA data through electronic methods, for example, through rtk.net, RMP*Info and RMP Data Download.

      6(g)	Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average approximately 1.2 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2003-0073, which is available for online viewing at www.regulations.gov, or in person viewing at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2003-0073 and OMB Control Number 2050-0172 in any correspondence.

                                   Exhibit 1

                    STATE AND LOCAL AGENCY BURDEN AND COSTS

                                    Annual
                                  Three-Year

                                        Hours

                                        Cost

                                        Hours

                                        Cost

Preparing Letters of Request

                                         36
                                       $2,684

                                        108
                                       $8,051

Reading Room Activities

                                         15
                                       $1,118

                                        45
                                       $3,355

Holding Public Meetings
                                         24
                                       $1,789

                                         72
                                       $5,368

                                                                          Total
                                         75
                                       $5,591
                                        225
                                       $16,774

                                   Exhibit 2

                            PUBLIC BURDEN AND COSTS

                                    Annual
                                  Three-Year

                                        Hours

                                        Cost

                                        Hours

                                        Cost

Reading Room Visits
                                        30
                                                                         $1,095
                                                                             90
                                                                         $3,286

VZIS Inquiries
                                         262
                                                                         $9,566
                                                                            876
                                                                        $28,697

                                                                          Total
                                         292
                                                                        $10,661
                                                                           966
                                                                       $31,983


[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48136-48137]
[FR Doc No: 2019-19739]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER16-435-003.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Compliance filing of Wabash Valley Power Association,
Inc.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5051.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER16-444-003.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Compliance filing of Wabash Valley Power Association,
Inc.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5053.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2383-001.
    Applicants: AEP Texas Inc.
    Description: Tariff Amendment: SA772 AEPTX-Karankawa Wind
Interconnection Agr 1st Amend & Restat--Amendment to be effective 6/20/
2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5004.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2385-001.
    Applicants: AEP Texas Inc.
    Description: Tariff Amendment: SA776 AEPTX-Karankawa Wind
Interconnection Agr 1st Amend & Restat--Amendment to be effective 6/27/
2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5011.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2440-000; ER19-2441-001; ER19-2442-000; ER19-
2443-000; ER19-2444-001; ER19-2470-000; ER19-2474-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Notice of Initial New Member (Mieco, Inc.) and Request
for Partial Waiver of Tri-State Generation and Transmission
Association, Inc.
    Filed Date: 9/3/19.
    Accession Number: 20190903-5196.
    Comments Due: 5 p.m. ET 9/24/19.

    Docket Numbers: ER19-2757-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2019-09-05 Order No. 831 Compliance
to be effective 12/31/9998.
    Filed Date: 9/5/19.
    Accession Number: 20190905-5107.
    Comments Due: 5 p.m. ET 9/26/19.

    Docket Numbers: ER19-2758-000.
    Applicants: ALLETE, Inc., Midcontinent Independent System Operator,
Inc.
    Description: Sec.  205(d) Rate Filing: 2019-09-06_SA 3345 MP-GRE T-
L (Swatara) to be effective 8/8/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5002.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2759-000.
    Applicants: Societe Generale Energy LLC.
    Description: Notice of Cancellation of Market-Based Rate Tariff of
Societe Generale Energy LLC.

    Filed Date: 9/5/19.
    Accession Number: 20190905-5113.
    Comments Due: 5 p.m. ET 9/26/19.

    Docket Numbers: ER19-2760-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Attachment K Northern Grid
Filing to be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5035.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2761-000.
    Applicants: Cambria CoGen Company.
    Description: Tariff Cancellation: Notice of Termination of Reactive
Supply Tariff to be effective 9/17/2019.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5058.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2762-000.
    Applicants: NorthWestern Corporation.
    Description: Sec.  205(d) Rate Filing: NorthernGrid Attachment K to
be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5069.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2763-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: OATT Revised Attachment K--
NorthernGrid Transm Planning Process to be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5070.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2764-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp OATT Attachment
K Revisions to be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5076.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2765-000.
    Applicants: MATL LLP.
    Description: Sec.  205(d) Rate Filing: NorthernGrid Attachment K to
be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5094.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ER19-2766-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) Rate Filing: Attachment K--NorthernGrid
to be effective 1/1/2020.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5121.
    Comments Due: 5 p.m. ET 9/27/19.

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

    Docket Numbers: ES19-51-000.
    Applicants: Louisville Gas & Electric Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Louisville Gas and Electric
Company.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5024.
    Comments Due: 5 p.m. ET 9/27/19.

    Docket Numbers: ES19-52-000.
    Applicants: Kentucky Utilities Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Kentucky Utilities Company.
    Filed Date: 9/6/19.
    Accession Number: 20190906-5025.
    Comments Due: 5 p.m. ET 9/27/19.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM19-4-000.
    Applicants: Southwestern Public Service Company.
    Description: Application to Terminate the Requirement to Enter Into
New Contracts or Obligations with Qualifying Facilities of Southwestern
Public Service Company.
    Filed Date: 9/5/19.
    Accession Number: 20190905-5117.
    Comments Due: 5 p.m. ET 10/3/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 6, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19739 Filed 9-11-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Page 56922]
[FR Doc No: 2021-22175]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-40-000]

PSEG Power New York Inc.; 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
PSEG Power New York Inc.'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 October 25, 2021.
    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,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: October 5, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22175 Filed 10-12-21; 8:45 am]
BILLING CODE 6717-01-P