[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Proposed Rules]
[Pages 43613-43614]
[FR Doc No: 2011-18452]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0605; Airspace Docket No. 11-AGL-13]

Proposed Amendment of Class E Airspace; Valley City, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Valley City,
ND. Decommissioning of the Valley City non-directional beacon (NDB) at
Barnes County Municipal Airport, Valley City, ND, has made this action
necessary for the safety and management of Instrument Flight Rules
(IFR) operations at the airport.

DATES: 0901 UTC. Comments must be received on or before September 6,
2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-0605/Airspace Docket No. 11-
AGL-13, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0605/
Airspace Docket No. 11-AGL-13.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Barnes County Municipal Airport, Valley City, ND. Airspace
reconfiguration is necessary due to the decommissioning of the Valley
City NDB and cancellation of the NDB approach. Controlled airspace is
necessary for the safety and management of IFR operations at the
airport. Geographic coordinates would also be updated to coincide with
the FAA's aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010, and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled

airspace at Barnes County Municipal Airport, Valley City, ND.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL ND E5 Valley City, ND [Amended]

Valley City, Barnes County Municipal Airport, ND
    (Lat. 46[deg]56'28'' N., long. 98[deg]01'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Barnes County Municipal Airport, and
that airspace extending upward from 1,200 feet above the surface
within a 7.9-mile radius of the airport, and within 4 miles
southwest and 8.3 miles northeast of the 133[deg] bearing from the
airport extending from the 7.9-mile radius to 21.8 miles southeast
of the airport.

    Issued in Fort Worth, TX, on July 12, 2011.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-18452 Filed 7-20-11; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80296-80300]
[FR Doc No: 2010-32098]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release No. 33-9165; File No. S7-18-10]
RIN 3235-AK70

Extension of Filing Accommodation for Static Pool Information in
Filings With Respect to Asset-Backed Securities

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Commission is adopting an amendment to Rule 312 of
Regulation S-T to further extend its application for eighteen months.
Rule 312 provides a temporary filing accommodation for filings with
respect to asset-backed securities that allows static pool information
required to be disclosed in a prospectus of an asset-backed issuer to
be provided on an Internet Web site under certain conditions. Under
this rule, such information is deemed to be included in the prospectus
included in the registration statement for the asset-backed securities.
As a result of the extension, the rule will apply to filings with
respect to asset-backed securities filed on or before June 30, 2012.

DATES: Effective Date: December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Jay Knight, Attorney-Adviser, Division
of Corporation Finance, at<PHONE_NUMBER>, U.S. Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-3720.

SUPPLEMENTARY INFORMATION: We are adopting an amendment to Rule 312 \1\
of Regulation S-T.\2\
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    \1\ 17 CFR 232.312.
    \2\ 17 CFR 232.10 et seq.
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I. Background and Discussion of the Amendment

    In December 2004, we adopted new and amended rules and forms to
address the registration, disclosure and reporting requirements for
asset-backed securities (``ABS'') under the Securities Act of 1933 \3\
(the ``Securities Act'') and the Securities Exchange Act of 1934 \4\
(the ``Exchange Act'').\5\ As part of this rulemaking, we adopted
Regulation AB,\6\ a new principles-based set of disclosure items
forming the basis for disclosure with respect to ABS in both Securities
Act registration statements and Exchange Act reports. Compliance with
the revised rules was phased in; full compliance with the revised rules
became effective January 1, 2006. One of the significant features of
Regulation AB is Item 1105, which requires, to the extent material,
static pool information to be provided in the prospectus included in
registration statements for ABS offerings.\7\ While the disclosure
required by Item 1105 depends on factors such as the type of underlying
asset and materiality, the information required to be disclosed can be
extensive. For example, a registrant may be required to disclose
multiple performance metrics in periodic increments for prior
securitized pools of the sponsor for the same asset type in the last
five years.\8\
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    \3\ 15 U.S.C. 77a et seq.
    \4\ 15 U.S.C. 78a et seq.
    \5\ See Asset-Backed Securities, Release No. 33-8518 (Dec. 22,
2004) [70 FR 1506] (adopting release related to Regulation AB and
other new rules and forms related to asset-backed securities)
(hereinafter, the ``2004 Adopting Release'').
    \6\ 17 CFR 229.1100 et seq.
    \7\ See Form S-1 (17 CFR 239.11) and Form S-3 (17 CFR 239.13)
under the Securities Act. Static pool information indicates how
groups, or static pools, of assets, such as those originated at
different intervals, are performing over time. By presenting
comparisons between originations at similar points in the assets'
lives, the data allows the detection of patterns that may not be
evident from overall portfolio numbers and thus may reveal a more
informative picture of material elements of portfolio performance
and risk.
    \8\ 17 CFR 229.1105.

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    As described in the 2004 Adopting Release, in response to the
Commission's proposal to require material static pool information in
prospectuses for ABS offerings, many commentators representing both ABS
issuers and investors requested flexibility in the presentation of such
information. In particular, commentators noted that the required static
pool information could include a significant amount of statistical
information that would be difficult to file electronically on EDGAR as
it existed at that time and difficult for investors to use in that
format. Commentators accordingly requested the flexibility for ABS
issuers to provide static pool information on an Internet Web site
rather than as part of an EDGAR filing.\9\ In response to these
comments, we adopted Rule 312 of Regulation S-T, which permits, but
does not require, the posting of the static pool information required
by Item 1105 on an Internet Web site under the conditions set forth in
the rule.\10\ We recognized at the time that a Web-based approach might
allow for the provision of the required information in a more
efficient, dynamic and useful format than was currently feasible on the
EDGAR system. At the same time, we explained that we continued to
believe at some point for future transactions the information should
also be submitted with the Commission in some fashion, provided
investors continue to receive the information in the form they have
requested. Accordingly, we adopted Rule 312 as a temporary filing
accommodation applicable to filings filed on or before December 31,
2009.\11\ We explained that we were directing our staff to consult with
the EDGAR contractor, EDGAR filing agents, issuers, investors and other
market participants to consider how static pool information could be
filed with the Commission in a cost-effective manner without undue
burden or expense that still allows issuers to provide the information
in a desirable format. We also noted, however, that it might be
necessary, among other things, to extend the accommodation.\12\
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    \9\ See 2004 Adopting Release, Section III.B.4.b.
    \10\ 17 CFR 232.312(a). Instead of relying on Rule 312, an
issuer can include information required by Item 1105 of Regulation
AB physically in the prospectus or, if permitted, through
incorporation by reference from an Exchange Act report.
    \11\ 17 CFR 232.312(a); see also 2004 Adopting Release, Section
III.B.4.b.
    \12\ 2004 Adopting Release, Section III.B.4.b.
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    On December 15, 2009, we adopted a one-year extension of the filing
accommodation.\13\ In the adopting release for the extension (``2009
Static Pool Extension Adopting Release''), we noted the staff's
experience with the rule and that a vast majority of residential
mortgage-backed security issuers and a significant portion of ABS
issuers in other asset classes have relied on the accommodation
provided by the rule to disclose static pool information on an Internet
Web site. We also noted that the staff of the Division of Corporation
Finance was, at the time, engaged in a broad review of the Commission's
regulation of ABS including disclosure, offering process, and reporting
of ABS issuers and that along with this review, the staff of the
Division of Corporation Finance was continuing to explore whether it
was feasible to provide a filing mechanism for static pool information
that fulfills the Commission's objectives. We also stated our belief
that a proposal for a longer-term solution for providing static pool
disclosure would be better considered together with other proposals on
the regulations relating to the offer and sale of ABS.
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    \13\ Extension of Filing Accommodation for Static Pool
Information in Filings With Respect to Asset-Backed Securities,
Release No. 33-9087 (Dec. 15, 2009) [74 FR 67812] (the ``2009 Static
Pool Extension Adopting Release'').
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    On April 7, 2010, we proposed significant revisions to Regulation
AB and other rules regarding the offering process, disclosure and
reporting for asset-backed securities (the ``2010 ABS Proposals'').\14\
In that release, we proposed to revise Rule 312 to remove the temporary
accommodation set to expire on December 31, 2010. In lieu thereof,
under the proposal, ABS issuers would be required to file all static
pool information on EDGAR; however, we proposed to allow that such
information be filed in Portable Document Format (PDF).\15\ Also, in
lieu of providing the static pool information in the prospectus, we
proposed to allow issuers to file the disclosure on Form 8-K and
incorporate it by reference. The comment period for the 2010 ABS
Proposals expired on August 2, 2010.
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    \14\ Asset-Backed Securities, Release No. 33-9117 (Apr. 7, 2010)
[75 FR 23328] (the ``2010 ABS Proposing Release'').
    \15\ Portable Document Format (PDF) is a file format created by
Adobe Systems in 1993 for document exchange. PDF captures formatting
information from a variety of desktop publishing applications,
making it possible to send formatted documents and have them appear
on the recipient's monitor or printer for free as they were
intended. To view a file in PDF format, you need Adobe Reader, an
application distributed by Adobe Systems.
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    On August 30, 2010, we proposed to extend the temporary filing
accommodation set forth in Rule 312 of Regulation S-T for eighteen
months so that it would apply to filings with respect to ABS filed on
or before June 30, 2012.\16\ We received three comment letters that
addressed the proposed extension.\17\ All three commentators expressed
support for the Rule 312 filing accommodation and the proposed
extension.\18\ The ASF cited the strong preference among both its
issuer and investor members for Web-based presentation of static pool
information due to its utility and effectiveness and the current lack
of an adequate filing alternative.\19\ SIFMA and CNH Capital agreed
that a long-term solution for providing static pool disclosure would be
better considered together with other proposals to revise the
regulations governing the offer and sale of ABS.\20\ With regard to the
duration of an extension, ASF requested that the filing accommodation
be made permanent or, in the alternative, extended for five years; \21\
CNH Capital requested that the duration of the extension be
synchronized with the timing of implementation of the other disclosure
requirements that were proposed in the 2010 ABS Proposing Release but
have not yet been adopted; \22\ and SIFMA supported the Commission's
proposal to extend the temporary accommodation for the filing of static
pool information for eighteen months.\23\
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    \16\ Extension of Filing Accommodation for Static Pool
Information in Filings With Respect to Asset-Backed Securities,
Release No. 33-9137 (Aug. 30, 2010) [75 CFR 54059] (hereinafter, the
``Proposing Release'').
    \17\ The public comment letters we received are available online
at http://www.sec.gov/comments/s7-18-10/s71810.shtml.
    \18\ See letters from the American Securitization Forum
(``ASF''), CNH Capital America LLC (``CNH Capital''), and the
Securities Industry and Financial Markets Association (``SIFMA'').
    \19\ See letter from ASF.
    \20\ See letters from SIFMA and CNH Capital.
    \21\ See letter from ASF.
    \22\ See letter from CNH Capital.
    \23\ See letter from SIFMA.
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    We are adopting as proposed an eighteen-month extension to the
temporary filing accommodation provided by Rule 312. As we stated in
the Proposing Release, we believe a proposal for a long-term solution
for providing static pool disclosure would be better considered
together with other proposals to revise the regulations governing the
offer and sale of ABS. Additionally, on July 21, 2010, President Obama
signed the Dodd-Frank Wall Street Reform and Consumer Protection Act
(the ``Act'').\24\ Among other things, the Act mandates a number of
significant changes to the regulation of ABS offerings. In order to
provide

ample time for the Commission and its staff to give proper
consideration to comments received on the 2010 ABS Proposals and in
light of the changes to the regulations of ABS offerings that are
mandated by the Act, we are adopting the extension to the temporary
filing accommodation set forth in Rule 312 of Regulation S-T for an
additional eighteen months so that it would apply to filings with
respect to ABS filed on or before June 30, 2012. Although we are
adopting an eighteen-month extension of Rule 312, we may take action on
the 2010 ABS Proposals, including the static pool proposal, at any time
before the expiration of the extension.
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    \24\ Public Law 111-203, 124 Stat. 1376 (July 21, 2010).
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    Under the extension, the temporary filing accommodation set forth
in Rule 312 of Regulation S-T will apply to filings with respect to ABS
filed on or before June 30, 2012. During the extension, the existing
requirements of Rule 312 will continue to apply. Pursuant to these
requirements, the registrant must disclose its intention to provide
static pool information through a Web site in the prospectus included
in the registration statement at the time of effectiveness and provide
the specific Internet address where the static pool information is
posted in the prospectus filed pursuant to Rule 424.\25\ The registrant
must maintain such information on the Web site unrestricted and free of
charge for a period of not less than five years, indicate the date of
any updates or changes to the information, undertake to provide any
person without charge, upon request, a copy of the information as of
the date of the prospectus if a subsequent update or change is made to
the information and retain all versions of the information provided on
the Web site for a period of not less than five years in a form that
permits delivery to an investor or the Commission. In addition, the
registration statement for the ABS must contain an undertaking pursuant
to Item 512(l) of Regulation S-K \26\ that the information provided on
the Web site pursuant to Rule 312 is deemed to be part of the
prospectus included in the registration statement.\27\
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    \25\ 17 CFR 230.424.
    \26\ 17 CFR 229.512(l).
    \27\ 17 CFR 232.312. As we indicated in the 2004 Adopting
Release, if the conditions of Rule 312 are satisfied, then the
information will be deemed to be part of the prospectus included in
the registration statement and thus subject to all liability
provisions applicable to prospectuses and registration statements,
including Section 11 of the Securities Act [15 U.S.C. 77k]. 2004
Adopting Release, Section III.B.4.b.
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    The Administrative Procedure Act generally requires that an agency
publish an adopted rule in the Federal Register 30 days before it
becomes effective. This requirement, however, does not apply if the
agency finds good cause for making the rule effective sooner.\28\
Because the temporary filing accommodation expires on December 31,
2010, we believe it is necessary to make the amendment effective
December 31st so that there is no gap between which an issuer would be
required to convert its static pool data into an EDGAR filing. In
addition, this extension creates no new requirements but maintains a
voluntary accommodation that relieves a registrant from the obligation
to file static pool data on EDGAR, provided it makes the information
available on a Web site. The Commission therefore believes the
extension grants or recognizes an exemption or relieves a restriction.
On the basis of the foregoing, the Commission finds good cause to make
the amendment effective December 31, 2010.
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    \28\ See 5 U.S.C. 553(d).
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II. Paperwork Reduction Act

    Rule 312 of Regulation S-T was adopted in 2004 along with other new
and amended rules and forms to address the registration, disclosure and
reporting requirements for ABS under the Securities Act and the
Exchange Act. In connection with this prior rulemaking, we submitted a
request for approval of the ``collection of information'' requirements
contained in the amendments and rules to the Office of Management and
Budget (``OMB'') in accordance with the Paperwork Reduction Act of 1995
(``PRA'').\29\ OMB approved these requirements.\30\
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    \29\ 44 U.S.C. 3501 et seq.
    \30\ The collections of information to which Rule 312 of
Regulation S-T relates are ``Form S-1'' (OMB Control No. 3235-0065)
and ``Form S-3'' (OMB Control No. 3235-0073).
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    Item 1105 of Regulation AB \31\ requires certain static pool
information, to the extent material, to be provided in prospectuses
included in registration statements for ABS offerings.\32\ Rule 312 is
a temporary filing accommodation that permits the posting of the static
pool information required by Item 1105 on an Internet Web site under
the conditions set forth in the rule.\33\ The amendment to Rule 312
further extends the existing temporary filing accommodation provided by
the rule for an additional eighteen months. As is the case today,
issuers may choose whether or not to take advantage of the
accommodation. The conditions of Rule 312 remain otherwise unchanged.
The disclosure requirements themselves, which are contained in Forms S-
1 and S-3 under the Securities Act and require the provision of the
information set forth in Item 1105 of Regulation AB, also remain
unchanged. Therefore, the amendment will not result in an increase or
decrease in the costs and burdens imposed by the ``collection of
information'' requirements previously approved by the OMB. No
commentator suggested the extension would impose any new paperwork
burden.
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    \31\ 17 CFR 229.1105.
    \32\ See Form S-1 and Form S-3 under the Securities Act.
    \33\ 17 CFR 232.312(a).
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III. Benefit-Cost Analysis

    In this section, we examine the benefits and costs of the
amendment. In the Proposing Release, we requested that commentators
provide views, supporting information and estimates on the benefits and
costs that may result from the adoption of the proposed amendment. No
commentator addressed the cost-benefit analysis of the Proposing
Release.

A. Benefits

    We initially adopted the filing accommodation provided by Rule 312
of Regulation S-T because commentators requested flexibility in the
presentation of required static pool information. Given the large
amount of statistical information involved, those commentators argued
for a Web-based approach that would allow issuers to present the
information in an efficient manner and with greater functionality and
utility than might have been available if an EDGAR filing was required.
We believe this greater functionality and utility has enhanced an
investor's ability to access and analyze the static pool information
because investors have been able to access static pool information in
more user-friendly formats than was initially capable with filings on
EDGAR and also removed the burden on issuers of duplicating the
information in each prospectus as well as easing the burdens of
updating such information.\34\ As we discussed in the 2004 Adopting
Release, since the information is deemed to be part of the prospectus
included in the registration statement, the rule is designed to give
investors access to accurate and reliable information.
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    \34\ See Section I above and 2004 Adopting Release, Section V.D.
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    By further extending the accommodation provided by Rule 312, these
benefits to both issuers and investors will continue to apply. As noted
in the 2009 Static Pool Extension Adopting Release, based on the
staff's experience since Rule 312 became

effective in 2006, the vast majority of residential mortgage-backed
security issuers and a significant portion of ABS issuers in other
asset classes have relied on the accommodation provided by the rule to
disclose static pool information on an Internet Web site.\35\ If we did
not further extend the accommodation provided by Rule 312 as we are
doing today, static pool information would have been required in EDGAR
filings beginning on January 1, 2011. We believe this would have
resulted in costs for issuers as they attempt to adjust their
procedures in a short period of time in order to present the
information in a format acceptable to the EDGAR system and could have
resulted in costs to investors if the information filed on EDGAR was
presented in a less useful format.
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    \35\ See Section I of the 2009 Static Pool Extension Adopting
Release.
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    As indicated above, on April 7, 2010, we issued a release proposing
to require the filing of static pool information on EDGAR at the same
time we proposed other amendments addressing the disclosure, offering
process and reporting of ABS issuers.\36\ We believe that the eighteen-
month extension to the temporary filing accommodation contained in Rule
312 will benefit both investors and issuers by maintaining a consistent
approach to the filing of static pool information while we and our
staff consider comments received on the proposed amendment to static
pool filing together with our other proposals regarding the offering
and sale of asset-backed securities and in light of the changes to the
regulations of ABS offerings that are mandated by the Dodd-Frank Act.
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    \36\ See 2010 ABS Proposing Release.
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B. Costs

    We do not believe the eighteen-month extension of the Rule 312
accommodation will impose any new or increased costs on issuers. In the
Cost-Benefit Analysis section of the 2004 Adopting Release, we noted
that ABS issuers electing the Web-based accommodation provided by Rule
312 would incur costs related to the maintenance and retention of
static pool information posted on a Web site and might also incur
start-up costs.\37\ While it is likely that certain of those costs will
continue to impact ABS issuers that elect the Web-based approach during
the extension period, we do not believe the amendment will impose any
new or increased costs for ABS issuers because it does not change any
other conditions to the accommodation or the underlying filing and
disclosure obligations. As a result of the extension of the
accommodation, ABS issuers will be able to continue their current
practices for an additional eighteen months.
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    \37\ See 2004 Adopting Release, Section V.D.
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    For investors, there may be costs associated with the static pool
information not being electronically filed with the Commission. For
example, when information is electronically filed with the Commission,
investors and staff can access the information from a single,
permanent, and centralized location, the EDGAR Web site.\38\ We think
these costs are mitigated by the fact that ABS issuers relying on the
Rule 312 accommodation must ensure that the prospectus for the offering
contains the Internet Web site address where the static pool
information is posted, the Web site must be unrestricted and free of
charge, such information must remain on the Internet Web site for five
years with any changes clearly indicated and the issuer must undertake
to provide the information to any person free of charge, upon request,
if a subsequent update or change is made. Furthermore, because the
information is deemed included in the prospectus under Rule 312, it is
subject to all liability provisions applicable to prospectuses and
registration statements.
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    \38\ See, e.g., comment letter from EDGAROnline dated December
9, 2009, on the Extension of Filing Accommodation for Static Pool
Information in Filings With Respect to Asset-Backed Securities,
Release No. 33-9074 (Oct. 19, 2009) [74 FR 54767] (the ``2009 Static
Pool Extension Proposing Release''). EDGAROnline commented that
extending the filing accommodation will hinder the quality and
comparability of information because investors will not be able to
depend on a common repository for cross issuer comparisons. The
public comments on the 2009 Static Pool Extension Proposing Release
are available at http://www.sec.gov/comments/s7-23-09/s72309.shtml.
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    Investors and issuers may have incurred costs to adjust their
processes in anticipation of the lapse of the Rule 312 accommodation
and potential reversion to a requirement to file static pool
information on EDGAR. In this case, benefits to investors or issuers of
not having to change their procedures regarding static pool reporting
in a short time frame would be diminished by any costs already incurred
in anticipation of the change. We believe such anticipatory action and
any associated costs are minimal.

IV. Consideration of Impact on the Economy, Burden on Competition and
Promotion of Efficiency, Competition and Capital Formation

    Section 2(b) of the Securities Act requires us, when engaging in
rulemaking where we are required to consider or determine whether an
action is necessary or appropriate in the public interest, to also
consider whether the action will promote efficiency, competition, and
capital formation.
    As discussed in greater detail above, Rule 312 of Regulation S-T
was adopted as a temporary filing accommodation so that issuers of ABS
could present static pool information on an Internet Web site. The
amendment to Rule 312 of Regulation S-T that we are adopting today
further extends its application for eighteen months. We are not
changing the conditions of Rule 312 or to the disclosure obligations to
which it applies. We do not believe that the eighteen-month extension
will impose a burden on competition. We also believe the extension of
the filing accommodation will continue to promote efficiency and
capital formation by permitting ABS issuers to disclose static pool
information in a format that is more useful to investors and cost-
effective and not unduly burdensome for ABS issuers.
    We requested comment on whether the proposed amendment, if adopted,
would promote efficiency, competition, and capital formation. We did
not receive any comments directly responding to this request.

V. Regulatory Flexibility Act Certification

    In Part VII of the Proposing Release, the Commission certified
pursuant to 5 U.S.C. 605(b) that the proposed amendment to Rule 312 of
Regulation S-T would not have a significant economic impact on a
substantial number of small entities. While the Commission encouraged
written comments regarding this certification, no commentators
responded to this request or indicated that the amendment as adopted
would have a significant economic impact on a substantial number of
small entities.

VI. Statutory Authority and Text of the Amendment

    The amendment described is being adopted under the authority set
forth in Sections 6, 7, 10, 19 and 28 of the Securities Act of 1933 (15
U.S.C. 77f, 77g, 77j, 77s and 77z-3).

List of Subjects in 17 CFR Part 232

    Reporting and recordkeeping requirements, Securities.

Text of the Amendment

0
For the reasons set out in the preamble, the Commission hereby amends
title 17, chapter II, of the Code of Federal Regulations as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Amend Sec.  232.312 paragraph (a) introductory text by removing
``December 31, 2010'' and in its place adding ``June 30, 2012'' in the
first sentence.

    By the Commission.

    Dated: December 16, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-32098 Filed 12-21-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Notices]
[Page 18266-18267]
[DOCID:fr03ap08-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-451-000]

Plum Point Energy Associates, LLC; Notice of Issuance of Order

March 27, 2008.
    Plum Point Energy Associates, LLC (Plum Point) filed an application
for market-based rate authority, with an accompanying tariff. The
proposed market-based rate tariff provides for the sale of energy,
capacity and ancillary services at market-based rates. Plum Point also
requested waivers of various Commission regulations. In particular,
Plum Point requested that the Commission grant blanket approval under
18 CFR Part 34 of all future issuances of securities and assumptions of
liability by Plum Point.
    On March 6, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the request
for blanket approval under Part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for

the filing of protests. Accordingly, any person desiring to be heard
concerning the blanket approvals of issuances of securities or
assumptions of liability by Plum Point, should file a protest 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, 385.214
(2007). The Commission encourages the electronic submission of protests
using the FERC Online link at http://www.ferc.gov.
    Notice is hereby given that the deadline for filing protests is
April 7, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Plum Point is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Plum Point, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Plum Point's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-6862 Filed 4-2-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46379-46380]
[FR Doc No: 2015-19141]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Release of Airport Property at Upper
Cumberland Regional Airport, Sparta, Tennessee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for Public Comment.

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

SUMMARY: The Federal Aviation Administration is requesting public
comment on a request by the Upper Cumberland Regional Airport, Sparta,
TN, to release land at the Upper Cumberland Regional Airport. The
request consists of approximately 10.3 acres of property non-contiguous
to the airport located on Breeding Swamp Road approximately 3 miles
southeast of the airport and 36.84 acres of property non-contiguous to
the airport on Franks Ferry Road approximately 13 miles southwest of
the airport. This release will allow the property to be sold to serve
as wetland mitigation for a projects unrelated to the airport. This
action is taken under the provisions of Section 125 of the Wendell H.
Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before September 3, 2015.

ADDRESSES: Documents are available for review at the Upper Cumberland
Regional Airport, 750 Airport Road, Sparta, TN 38583; and the FAA
Memphis Airports District Office, 2600 Thousand Oaks Boulevard, Suite
2250, Memphis, TN 38118-2482. Written comments on the Sponsor's request
must be delivered or mailed to: Mr. Phillip J. Braden, Manager, Memphis
Airports District Office, 2600 Thousand Oaks Boulevard, Suite 2250,
Memphis, TN 38118-2482. Mr. Braden can be contacted at telephone number
901-322-8181.
    In addition, a copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Jason Baker, Airport Manager at Upper
Cumberland Regional Airport, 750 Airport Road, Sparta, TN 38583. Mr.
Baker can be contacted at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Michael L. Thompson, Program
Manager, Federal Aviation Administration, Memphis Airports District
Office, 2600, Thousand Oaks Boulevard, Suite 2250, Memphis, TN 38118-
2482. The application may be reviewed in person at this same location,
by appointment. Mr. Thompson can be contacted at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the request to release airport property at the Upper
Cumberland Regional Airport, Sparta, TN under the provisions of AIR
21(49 U.S.C. 47107(h)(2)).
    On July 28, 2015, the FAA determined that the request to release
property at Upper Cumberland Regional Airport meets the procedural
requirements of the Federal Aviation Administration. The FAA may
approve the request, in

whole or in part, no later September 3, 2015.
    The following is a brief overview of the request:
    The Upper Cumberland Regional Airport is proposing the release of
two tracts of property consisting of 10.33 acres and 36.84 acres to
allow the property to be used as wetland mitigation for projects in the
area unrelated to the airport. These properties are non-contiguous to
the airport and located on Breeding Swamp Road approximately 3 miles
southeast of the airport and Franks Ferry Road approximately 13 miles
southwest of the airport.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.

    Issued in Memphis, TN on July 28, 2015.
Phillip J. Braden,
Manager, Memphis Airports District Office.
[FR Doc. 2015-19141 Filed 8-3-15; 8:45 am]
BILLING CODE 4910-13-P


                        2021 EPA POLLUTION PREVENTION
                                AWARDS PROGRAM
Region VIII  -  Colorado, Utah, Wyoming, North Dakota, South Dakota and Montana.

PURPOSE:
Pollution prevention (P2) has been a very successful, non-regulatory approach to conserve energy and water, reduce the use of toxic materials, and save money. The purpose of this awards program is to recognize successes and best practices and encourage other entities to consider implementing P2 approaches.
Consider applying for this non-monetary award to recognize businesses/facilities in Region 8 (Colorado, Utah, Wyoming, North Dakota, South Dakota, and Montana).
APPLICATION SUBMISSION WINDOW:
TBD
Awards will be presented at TBD.

                 2021 EPA Pollution Prevention Awards Program
Region VIII  -  Colorado, Utah, Wyoming, South Dakota, North Dakota and Montana

What is pollution prevention (P2)?
P2 is any practice that reduces environmental releases of hazardous substances, pollutants, or contaminants prior to entering a waste stream for recycling, treatment, or disposal. In other words, P2 is source reduction, the prevention of waste generation and environmental releases at the source. It is not treatment, minimization, or diversion of wastes. P2 conserves natural resources, including water and energy.
Who is eligible?
Businesses/facilities located in EPA Region 8 (Colorado, Utah, Wyoming, South Dakota, North Dakota and Montana) ** are eligible for the 2021 EPA P2 Awards Program. These are non-monetary awards that recognize environmental excellence and innovation. To be eligible, entities must be currently compliant with all applicable environmental regulations. EPA Region 8 will conduct a compliance screening for all award applicants.
EPA grantees, contractors, and cooperative agreement recipients are not eligible for this award program. However, businesses/facilities assisted by grantees may apply.
** If you are a business/facility in another EPA Region, please contact your Regional P2 Coordinator to determine if your Region participates in the EPA P2 Awards Program.
What kinds of projects are eligible?
Projects eligible for the awards must have taken place within the past three years (2018-2020) and meet the goals of the P2 program.
The goals of P2 are to:
 Eliminate or reduce waste generation
 Conserve natural resources and materials, including water and energy
 Prevent spills and accidental releases
 Prevent product losses
 Reduce hazardous materials use
 Promote the purchasing and use of less hazardous or more efficient products and equipment
 Implement green chemistry practices
Examples of P2 activities or projects are:
 Reducing chemical use
 Substituting hazardous chemicals with safer alternatives
 Conserving water and/or energy
 Improved process efficiencies
 Additional examples of P2 activities are listed on EPA's P2 webpage: https://www.epa.gov/p2/pollution-prevention-case-studies
Presentation of awards:
TBD
EPA P2 Awards Application (uploaded on EPA's website)
SCORING: Award recipients will be selected based upon their responses to the questions below. Each response should be limited to 500 words. The weight of each question is listed (by percentage). P2 efforts must have taken place within the past three years (2018-2020). Including relevant photos or news articles is optional (see final question at bottom of page).
The deadline for submitting applications is TBD. To be eligible, EPA Region 8 must receive a completed online application, which includes responses to the five questions and completed form below, on or before TBD. EPA reserves the right to contact the applicant to clarify any questions regarding the application. Applicants will be notified by TBD if their submission won an award.
For helpful information about P2 technical assistance providers in the Region 8 states of Colorado, Utah, Wyoming, North Dakota, South Dakota, and Montana, please visit EPA's P2 website.
If you have any questions or need additional information, please contact:
      Melissa Payan  -  EPA Region 8 P2 Coordinator
<PHONE_NUMBER>
<EMAIL_ADDRESS>--------------------------------------------------------------------------------
APPLICATION PROCESS: To apply for an award, please complete the form below and click "Submit." Applications will be accepted between TBD and TBD. Responses to all questions are required.
--------------------------------------------------------------------------------

1) Description of business or organization (what does your business do and/or make?):

2) Describe your business or organization's commitment and leadership in P2, both internally within the organization and externally (e.g. with suppliers, customers, and the community). Include applicable policies, projects, employee and community engagement, and training. As a reminder, P2 does not refer to forms of disposal such as recycling, composting, waste-to-energy, etc. (25 percent)

3) Describe the P2 efforts your business or organization implemented between [YEARS xxxx-xxxx]. Please address:  A) how the initiative was generated B) the significant or unique aspects of your P2 activities C) what company or facility needs were addressed D) what unintended benefits were realized (25 percent)

4) Describe how your P2 efforts support your business or organization's goals. Provide context for the P2 activities. We are looking for a "big picture" description. (10 percent)

5) Describe the measurable results from your P2 efforts. Please include any cost savings, pounds of hazardous chemicals reduced, kilowatt hours of energy conserved, or gallons of water saved, if applicable. Please normalize results to show savings for similar production amounts, if applicable (e.g. installation of conductivity meters saved 600,000 gallons of water in 2017, based on the same production as in 2016). (25 percent)

6) Describe how your P2 efforts have benefited your business and the surrounding community. Describe how your business serves as a model for entities with similar processes or environmental challenges. (10 percent)

7) Describe your business or organization's specific, measurable P2 goals for the coming year (5 percent)

Business Details:

8) Business or organization name:

9) Primary project contact name and phone number:

10) Contact title:

11) Email address:

12) Mailing address:
 City
State  ZIP Code
14) Size of business or organization
Less than 100 people
Between 100 and 1,000 people
Greater than 1,000 people
15) Is your business or organization willing to be featured in publicly available newsletters, case studies, or webinars?
Yes
No
16) Is someone within your business or organization willing to present (about 15 minutes) on a webinar to other businesses considering P2 strategies?
Yes
No
17) Would you like to include any relevant photos, news articles, or other supplementary materials?
Yes
No
If you would like to send any relevant photos or news article text in electronic format, please attach them (in JPGs or PDFs) in an email to<EMAIL_ADDRESS>Include your company or organization name, primary project contact name, and phone number in the email.